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02/10/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular 1101 Texas Ave, College Station, TX 77840 February 10, 2020 6:00 PM 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  Workshop Agenda other than those items posted for Executive Session shall register with the City  Secretary prior to the meeting being called to order. Registration forms are available in the Office of  the City Secretary. Upon stepping to the podium the speaker 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. An individual  speaking on a Consent Agenda item on the Workshop agenda may not speak on that item at the  Regular Meeting on the same day. Each speaker’s remarks are limited to three (3) minutes. An  individual speaking on multiple Consent Agenda items must speak on all items when the speaker is  called to the podium. An individual speaking on multiple Consent Agenda items will have three (3)  minutes to speak on the first item and one (1) additional minute to speak per each additional item  regardless of the number of items they wish to address. Any speaker addressing the Council  through the use of a translator may speak for six (6) minutes and in the case of Consent Agenda  items an additional two (2) minutes per item. An individual may speak for ten (10) minutes on behalf  of a group of five (5) or more. The five (5) or more individuals must sign the registration form and  must be present when the speaker is introduced. Those signing may not speak individually. A  speaker who wishes to include computer-based information while addressing the Council must  provide the electronic file to the City Secretary by noon on the day of the Council meeting. During  each speaker’s remarks a timer light will change from green to yellow when there is thirty seconds  remaining. The speaker must conclude their remarks when the timer light changes from yellow to  red.     2.Presentation     • Presentation proclaiming February 11, 2020, as United Way of the Brazos Valley 2-1-1 Day.  • Presentation of a check to the City by the Fun for All Playground Committee in the amount of  $875,000.     3.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.  Page 1 of 328 City Council City Council Regular Page 2 February 10, 2020 4.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. 4.1. Presentation, discussion, and possible action on minutes for:  January 23, 2020 Workshop January 23, 2020 Regular Sponsors:Tanya Smith Attachments:1. WKSHP012320 DRAFT Minutes 2. RM012320 DRAFT Minutes 4.2.Presentation, discussion, and possible action on a Professional Services Contract with Halff  Associates in the amount of $1,340,729.56, for the preliminary design phase services for the  SH  40/ FM  2154 Interchange  and  FM 2154  Widening Project and  a  Resolution  Declaring  Intention to Reimburse Certain Expenditures with Proceeds from Debt. Sponsors:Emily Fisher Attachments:1. SH 40 ­FM Interchange Widening 2. ST1803 DRR 4.3.Presentation,  discussion, and possible action  on a law  enforcement  mutual  aid  interlocal  agreement between Texas A&M University, Blinn College, the Brazos County Sheriff,  Brazos  County Precinct 1-4 Constables, the City of College Station, and the City of Bryan.   Sponsors:Billy Couch Attachments:1. LE Mutual Aid ILA 2020 4.4.Presentation, discussion, and possible action regarding awarding a contract to Jamail & Smith  Construction, LP  in the  amount of $180,575.45 for the replacement  of  the  Warehouse  lift/freight elevator. Sponsors:Timothy Crabb Attachments:1. 20300124 Jamail Smith Contract 4.5.Presentation, discussion,  and possible action  regarding  approval of  the  second  and last  renewal of the  City’s annual Electric  and  Water  Meter Reading Services contract  with  Alexander’s Contract Services, Inc. for a not­to­exceed contract amount of $560,000. Sponsors:Mary Ellen Leonard Attachments:1. 16300021R2 Alexanders Renewal Ltr Meter Reading svcs 4.6. Presentation, discussion, and possible action regarding approval of a contract with Ramtech  Building Systems for the purchase, delivery, and installation of a modular building for a not-to- exceed amount of $123,190. Sponsors:Timothy Crabb Attachments:1.General Service Contract Page 2 of 328 City Council City Council Regular Page 3 February 10, 2020 4.7.Presentation, discussion, and possible action on a contract for annual pavement striping and  markings in an amount not to exceed $250,000. Sponsors:Donald Harmon Attachments:1.20300230 Construction­DIJ Construction Inc. 4.8.Presentation, discussion, and possible action on the first reading of a franchise agreement  with Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste, for the collection of demolition  and construction debris, recyclables,  and  organic  waste  from  commercial,  industrial  and  multifamily locations within the city limits of College Station. Sponsors:Donald Harmon Attachments:1.Franchise Agreement 20300247 Texas Commercial Waste_signed 4.9.Presentation, discussion, and possible action on the first reading of a franchise agreement  with  Maroon  Dumpsters, LLC,  for the  collection of  demolition  and  construction  debris,  recyclables, and organic waste from commercial, industrial and multifamily locations within the  city limits of College Station. Sponsors:Donald Harmon Attachments:1.Franchise Agreement 20300290 ­ Maroon Dumpsters LLC _Signed 4.10.Presentation, discussion, and possible action regarding an Interlocal Cooperation Agreement  and a Resolution for City of College Station Support and Consent to City of Bryan Municipal  Setting Designation Application. Sponsors:Gary Mechler Attachments:1.MSD ILA COCS­COB_v2_2_5_2020 2.MSD Support Resolution by CS & Ex. A_2­5­2020 5.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.  5.1.Public Hearing,  presentation, discussion,  and  possible  action  on  Budget  Amendment  #1  amending Ordinance No. 4128 which will amend the budget for the 2019­2020 Fiscal Year in  the amount of $6,244,467. Sponsors:Mary Ellen Leonard Attachments:1.FY20 BA#1 2.FY20 Budget Amendment #1 Ordinance Page 3 of 328 City Council City Council Regular Page 4 February 10, 2020 5.2.Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating  and abandoning a 0.059 acre portion of Right­of­Way of Yellow Tanager Court, lying west of  the intersection of Yellow tanager Court and Cinnamon Teal Drive of the Bird Pond Phase 2  Subdivision, according to the plat recorded in Volume 8698, Page 17, of the Deed Records of  Brazos County, Texas. Sponsors:Anthony Armstrong Attachments:1.Ordinance 2.Vicinity Map 3.Location Map 4.Application 5.3.Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating  and abandoning a 15­foot wide portion of a Public Utility Easement lying within James Erwin  Survey, Abstract No. 119, being a portion of the remainder of a called 270.800 acre tract as  described by a deed to BCS Mission Ranch, L.P. recorded in volume 13842, page 179 of the  Official Public Records of Brazos County, Texas. Sponsors:Alma Guerra Attachments:1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application 5.4.Presentation, discussion, and possible action approving  agreements with Landis+Gyr  Technology, Inc., in the amount, not to exceed $6,808,946.42, and IPKeys Power Partners,  Inc., in the amount not to exceed $517,000, to support the Electric Department’s Automated  Metering Infrastructure (AMI) and Meter & Operational Data Management (MODM) System  Implementation. Sponsors:Timothy Crabb Attachments:1.Agreements are on file with the City Secretary 5.5.Presentation, discussion, and possible action on a five year technical services agreement with  Freeit Data Solutions not to exceed $517,118.90 to provide data backup and recovery. Sponsors:Sindhu Menon Attachments:None 5.6.Presentation, discussion, and possible action regarding the appointment of Councilmembers  to boards and commissions. Sponsors:Tanya Smith Attachments:1.Vacancies in 2020­2021 Council Appointed Reps 6.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.  Page 4 of 328 City Council City Council Regular Page 5 February 10, 2020 7.Adjournment. 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  at College Station  City Hall, 1101  Texas  Avenue, College Station, Texas, on February 6, 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)  764-3541,  TDD  at  1-800-735-2989,  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   Sub-Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.” Page 5 of 328 February 10, 2020 Item No. 4.1. Minutes for January 23rd Council Meetings Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on minutes for: January 23, 2020 Workshop January 23, 2020 Regular Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP012320 DRAFT Minutes 2.RM012320 DRAFT Minutes Page 6 of 328 WKSHP012320 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION JANUARY 23, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Mary Ann Powel, Deputy 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 at 4:00 p.m. on Thursday, January 23, 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, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:00 p.m. on Thursday, January 23, 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 Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas Page 7 of 328 WKSHP012320 Minutes Page 2 B. Consultation with attorney to receive legal advice; to wit: Legal advice concerning a recent Title VII claim C.Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation Zoning Board of Adjustments City Manager Executive Session recessed at 5:29 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. No items were pulled from Consent for clarification. 5. Workshop 5.1 Presentation, discussion, and possible action regarding the municipal regulation of short term rental housing in consideration of hotel occupancy tax collection. Brian Piscacek, Assistant to the City Manager, delivered an overview of the home short term rental (STR) model, detailed the primary providers in the online marketplace, and addressed general impacts on cities, including tax collection, regulation, and enforcement on August 8, 2019. At that meeting, Council directed staff to: 1) research municipal regulation of STR’s and 2) gather stakeholder feedback. Municipal Regulation of STR’s Mr. Piscacek stated that staff reviewed the short-term rental ordinances of 5 cities in Texas: Galveston, Lubbock, New Braunfels, San Marcos, and Waco. Each ordinance was unique and ranged in terms of regulation and enforcement, characterized by the ways in which STR’s are defined, permitted, and administered. Staff also visited over the phone with employees of each city involved with the management of the STR program. Several cities have engaged with rental compliance consultants to manage the permitting and hotel occupancy tax collection of STR housing. City staff examined these software solutions as well to determine applicability, effectiveness, and associated costs. Currently, none of these cities have entered into an agreement with online platforms to collect and remit hotel occupancy tax on behalf of hosts. However, many jurisdictions across the county, and a handful in Texas, have done so. Stakeholder Feedback Staff held a Short-Term Rental Community Discussion on Monday, November 18, 2019, at the CSU Meeting & Training Facility. A total of 67 real estate professionals, STR hosts, commercial lodging operators, College Station residents, and others attended the meeting, which consisted of a presentation on current conditions, small group discussions, and a questionnaire. Respondents to the questionnaire were generally supportive of regulating STRs, in particular through the Page 8 of 328 WKSHP012320 Minutes Page 3 requirement of a local contact for each unit and educational materials provided to tenants regarding health and safety. Staff recommendation: STR Ordinance Allow for STR’s STR Registration Enforcement of ancillary HOT Collection Consider agreements with online platforms Ensure collections and remittance Evaluate Registration HOT revenue At approximately 6:26 p.m., Mayor Mooney opened for Citizens Comments. David Higdon, College Station, came before Council on behalf of a group of citizens to thank the Council for bringing this item forward. He stated his belief that STR’s are becoming an emerging market here in College Station and would like our legal department to determine whether these rentals are allowed under current law. Mr. Higdon stated that Council should move cautiously and look at the laws which are established by other municipalities. Overall, he desires to see the city establish laws which are sound and enforceable, not allowing the desire to collect tax revenue drive the regulation. John Woods, College Station, stated that he supports Mr. Higdon but wanted to add that some of the single family neighborhoods do not have the controls of HOAs or deed restrictions to help owners regulate short term rentals. Mr. Woods asked Council to help neighborhoods without HOAs by including an owner occupancy requirement in any perspective ordinance to regulate short term rentals. There being no further comments, the Citizens Comments was closed at 6:49 p.m. Council directed staff to move forward with creating an ordinance to bring back for discussion. 5.2 Presentation, discussion, and possible action regarding an overview of regulatory options related to tree preservation and buffering in residential areas. Jennifer Prochazka, Planning and Development Director, stated that City Council requested information related to potential regulatory options for newly constructed single-family homes to protect existing trees and to provide a vegetative buffer adjacent to other existing single-family homes in established neighborhoods. Current Regulatory Requirements • No “tree preservation” required •1 or 2 canopy trees per new home •No buffer fencing or perimeter landscape requirement •Fencing and landscape buffer requirements for commercial development Page 9 of 328 WKSHP012320 Minutes Page 4 Council directed staff to reach out to the homeowners, developers, and other stakeholders to gather a variety of views on regulation which may encourage preserving trees, buffering, or anything that would help with Single-Family Redevelopment. Then develop an ordinance to create regulations to preserve trees or develop a buffer. 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, 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, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board). Councilmember Harvell reported on the Transportation and Mobility Committee. Mayor Mooney reported on the Intergovernmental Committee. Councilmember Maloney reported on the Economic Development Corporation. 8. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 7:25 p.m. on Thursday, January 23, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 10 of 328 RM012320 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JANUARY 23, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff Bryan Woods, City Manager Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Mary Ann Powel, Deputy 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 at 7:35 p.m. on Thursday, January 23, 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: January 9, 2020 Workshop Meeting January 9, 2020 Regular Meeting 3.2. Presentation, discussion, and possible action amending Ordinance No. 2019-4142 calling the January 28, 2020 Special Election to Ordinance No. 2019-4149 changing the Runoff Election to April 18, 2020. Presentación, discusión y posible acción que enmienda la Ordenanza No. 2019-4142 pidiendo la Elección Especial del 28 de Enero de 2020 a la Ordenanza No. 2019-4149 cambiando la Elección de Segunda Vuelta al 18 de Abril de 2020. Page 11 of 328 RM012320 Minutes Page 2 3.3. Presentation, discussion, and possible action regarding an annual purchase agreement for dewatering chemical (polymer) with Fort Bend Services, Inc. not to exceed $115,000. 3.4. Presentation, discussion, and possible action on approving annual purchases of auto parts, shop equipment and services from NAPA Auto Parts (College Station, TX) through the Purchasing Solutions Alliance (PSA) in the annual not-to-exceed amount of $150,000. 3.5. Presentation, discussion, and possible action on approving an annual blanket purchase order for the purchase of repair parts and repair labor for fire trucks from SiddonsMartin Emergency Group through the Buy Board Purchasing Cooperative with an estimated annual expenditure of $150,000. 3.6. Presentation, discussion, and possible action on approving an annual blanket purchase order for the purchase of repair parts and repair labor for fire trucks from Lonestar Freightliner Group, LLC through the BuyBoard Purchasing Cooperative with an estimated annual expenditure of $180,000. 3.7. Presentation, discussion, and possible action on approving annual tire purchases and retread services from Southern Tire Mart, LLC through the BuyBoard Purchasing Cooperative in the annual not-to-exceed amount of $300,000. 3.8. Presentation, discussion, and possible action regarding approval of a service contract with Xpedient Mail, in an amount not to exceed $210,000 to provide utility bill printing and mailing services. 3.9. Presentation, discussion, and possible action on approving a service contract with Payment us Corporation for Payment Processing Services in an annual estimated amount of $1,200,000. 3.10. Presentation, discussion, and possible action regarding the First Amendment to the License Agreement with Intrado Interactive Services Corporation for additional services including design, development, training, annual hosting, maintenance and support for a new Economic Development Website in the amount of $18,160. 3.11. Presentation, discussion, and possible action regarding an Engineering Services Contract with Dunham Engineering, Inc in the amount of $305,000 for the professional services to design and inspect the recoating of the Greens Prairie Elevated Storage Tank. 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 the Consent Agenda. The motion carried unanimously. 4. REGULAR AGENDA 4.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4150 amendment to Appendix A, “Unified Development Ordinance,” Section 52, “Residential Dimensional Standards,” of the Code of Ordinances of the City of College Station, Texas, regarding building setbacks. Page 12 of 328 RM012320 Minutes Page 3 Jennifer Prochazka, Planning and Development Director, stated that as part of the 2019 Plan of Work, staff and the Planning and Zoning Commission worked to identify opportunities to streamline ordinances and improve development processes. This item proposes to allow for flexibility in the side yard building setback for certain Single-Family zoning districts when building patio or garden home style development. The amendment allows for a five-foot (5’) side yard setback so long as fifteen (15) feet of building separation is maintained between the two primary structures. Similar to Zero Lot Line construction, developments under this new standard will require advanced planning for all house locations to be done at the same time. Restrictions that assure the minimum distance between houses and any required easements must be recorded on the plats of the applicable lots. The proposed amendment will allow additional flexibility in the design and layout of single family subdivisions, while maintaining the minimum building separation intended for these types of developments. The Planning & Zoning Commission heard this item at their January 16, 2020, meeting and voted 6-0 to recommend approval of the UDO amendment to allow flexibility in single-family side setbacks. Staff recommends approval. At approximately 7:48 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:48 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4150 amending Appendix A, “Unified Development Ordinance,” Section 52, “Residential Dimensional Standards,” of the Code of Ordinances of the City of College Station, Texas, regarding building setbacks. The motion carried unanimously. 4.2 Presentation, discussion, and possible action regarding approval of Resolution No. 01-23- 20-4.2 authorizing the City Manager to conduct an assessment of the College Station hotel and tourism market and identify opportunities to increase hotel occupancy tax revenues. Bryan Woods, City Manager, stated that the Council had requested information related to utilizing hotel occupancy tax revenues to address occupancy rates in College Station hotels. At the January 9, 2020, City Council Meeting, Kindra Fry, President/CEO of Experience BCS, provided a summary of 2019 activities, along with goals and objectives for 2020. Following discussion, Council directed staff, in concert with Experience BCS, to engage with an outside consultant to conduct a study to strategically address potential growth areas in the College Station tourism economy with associated metrics. Mr. Woods, explained that as directed by Council, funding for the study would potentially come from the fund balance of the Hotel Tax Fund. In the FY20 Approved Budget, the ending fund balance is estimated to be $9,802,009. Proposed Selection Committee & Schedule City Manager’s Office (2) City Council representatives serving on EBCS Board (2) Director of Economic Development Director of Parks & Recreation President/CEO of Experience Bryan College Station Issue Request for Proposal – January 31, 2020 Proposals Due – February 21, 2020 Executed Agreement – March 2020 Page 13 of 328 RM012320 Minutes Page 4 Estimated completion – June/July 2020 (approximately 90 days from contract execution) MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve Resolution No. 01-23- 20-4.2 authorizing the City Manager to conduct an assessment of the College Station hotel and tourism market and identify opportunities to increase hotel occupancy tax revenues, with the recommendation to include a College Station hotelier on the committee. The motion carried unanimously. 4.3. Presentation, discussion, and possible action regarding an appointment to Experience Bryan College Station. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to appoint Noel Mayes to the Experience Bryan College Station. The motion carried unanimously. 4.4. Presentation, discussion, and possible action regarding appointments to the Spring Creek Local Government Corporation. 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 appoint Thomas Jackson and Jane Kee to the Spring Creek Local Government Corporation. The motion carried unanimously. 4.5. Presentation, discussion, and possible action regarding appointments to the Historic Preservation Committee and Zoning Board of Adjustments. 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 appoint Mark Smith as Chair of the Zoning Board of Adjustments. The motion carried unanimously. MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to appoint as stated below to the Historic Preservation Committee. The motion carried unanimously. Historic Preservation Committee: Two Year Term o Thomas Smith o William Wright Three Year Term o Gerald Burgner - Chair o Shirley Dupriest o Lou Hodges 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. Page 14 of 328 RM012320 Minutes Page 5 Councilmember Crompton requested a future agenda item from TxDot updating current and future projects in College Station. Councilmember Crompton requested a future agenda item on the pros and cons of expanding Central Park. 6. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 8:18 p.m. on Thursday, January 23, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 15 of 328 February 10, 2020 Item No. 4.2. SH 40 & FM 2154 Interchange Feasibility Study and FM 2154 Widening Schematic (Graham Road to Greens Prairie Road) Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a Professional Services Contract with Halff Associates in the amount of $1,340,729.56, for the preliminary design phase services for the SH 40/ FM 2154 Interchange and FM 2154 Widening Project and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: The scope of this contract includes the feasibility study of an interchange at SH 40 & FM 2154 that would include a separated grade crossing of the Union Pacific tracks and connect into the city roadway network to the west of the railroad tracks. The scope also includes the feasibility study and schematic design of FM 2154 Widening from Graham to Greens Prairie Road. Budget & Financial Summary: Budget in the amount of $1,834,008 is included for this project in the Streets Capital Improvement Projects Fund. Nothing has been expended or encumbered to date, leaving a balance of $1,834,008 for this contract and related expenses. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this project because the long term debt projected to be issued for this project has not yet been issued. The debt for the project is scheduled to be issued later this fiscal year. Reviewed & Approved by Legal: No Attachments: 1.SH 40 -FM Interchange Widening 2.ST1803 DRR Page 16 of 328 VICTORIAAVWINDHAMRANCHRDNE W P O R T L N R E N EELN BREWSTERDRROC K PRAIRIERDWW I L L I A M D F IT C H PWOL D ENBURGLN ALE X A N D R I A A V BARRONCUT-OFFRDEAGLEAVBRA NDENBUR GLN DE C A T U R D R ETONBURYAVTREELINEDRBARRON RDTIMBERCREEK L N S D O W LIN G R D CASTLEGATEDR SA G E W O O D D R C REEK MEA D OWBLNSU N S E T T R KOPPE BRIDGE RDO A KLEAF NORWICHDRODELL LNP1-735STON ECASTLECRGREENS PRAIRIE RDWARKWORTH LNHICKORYRD HAILES LNRIDGEWAYN D O W L I N G R D PO M E L D R PORTLAND AVROUC OURTLO R O C K B E N D DRFM2154WIND MEADO W S DRRO Y D E R R D LONG CREEK L NSTAGECOACHRDDUNLAPLO CON N IE LN REGALOAKSDR DIAM O N D BACKD R R O BIN D R MERLIN DRGREATOAK SDR RIV ARIDGERD HOPES C RE E K R DKIMBOLTONDRI& G N R D WSPHILLIPSPW BUGGY LNSW E ET W ATERDRHOL L EMAN D R S PEARLRI V E RC T W O O D L A K E D R HA D L E I G H L NSUZANNEPLACEH U NT ER'S C R E E K R DV A LLEYCR ESK E W D R CAPSTONE D R TIMBERLINEDRALACIACT FAI R C R E S T D R MEREDITHLNBLUERIDGEDRRIDGERUNDURRAN DST HOPES CRE E KMEADOWCRNGRAHAMRDHILL R DARRINGTON RDLEDGESTONETRALLEYCEDARBE ND RD RE D MA N L NFRIERSONRDMCCULLOUGHRDHEADWA T E R LN POTTER LNCA L U M E T T R SH 6 S KENDA LGREE NCRROCKC L I F F E LO N 0 3,4001,700 Feet This product is for informational purposes only and has not been prepared for and is not suitable for legal, engineering, construction, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of certain geographic features. No warranty, expressed or implied, is made by the City of College Station as to the accuracy, completeness, suitability, or timeliness of the information contained herein.The City of College Station assumes no responsibility for any private or commercial use, misuse, reliance, or interpretation of the information provided herein, or any loss resulting therefrom. City of College Station Page 17 of 328 RESOLUTION NO. _________________ RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH PROCEEDS FROM DEBT WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STAT ION, TEXAS THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $5,000,000, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. PASSED AND APPROVED THIS 10th DAY OF February, 2020. _______________________________ Karl Mooney, Mayor ATTEST: _________________________________ Tanya Smith, City Secretary (Seal) Page 18 of 328 APPROVED: _________________________________ McCall, Parkhurst & Horton L.L.P. Bond Counsel Page 19 of 328 Exhibit "A" The projects to be financed that are the subject of this Statement are: ST1803 SH 40/ FM 2154 Interchange Feasibility Study ($5,000,000) These funds will be used for the feasibility study of an interchange at SH 40 & FM 2154 that would include a separated grade crossing of the Union Pacific tracks and connect into the city roadway network to the west of the railroad tracks. The study also includes a feasibility assessment and schematic design of FM 2154 Widening from Graham to Greens Prairie Road. Page 20 of 328 February 10, 2020 Item No. 4.3. Law Enforcement Mutual Aid or Assistance Inter-local Agreement Sponsor:Billy Couch, Assistant Chief of Police Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a law enforcement mutual aid interlocal agreement between Texas A&M University, Blinn College, the Brazos County Sheriff, Brazos County Precinct 1-4 Constables, the City of College Station, and the City of Bryan. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the agreement Summary: Inter-local agency cooperation is imperative in order to maintain public safety in times of adverse conditions or emergency situations. As such, for years, local law enforcement agencies have maintained an agreement to assist each other when unique situations occur. The purpose of this agreement is to authorize the City of College Station, Texas A&M University, Blinn College, Brazos County Sheriff's office, Brazos County Constables, and the Bryan Police Department to cooperate in the investigation of criminal activity, enforcement of laws of the State and the provision of additional law enforcement officers and equipment to protect health, life, and property, including but not limited to the performance of police protection and detention services. While still in effect, our current agreement was signed in 2013. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.LE Mutual Aid ILA 2020 Page 21 of 328 Page 22 of 328 Page 23 of 328 Page 24 of 328 Page 25 of 328 Page 26 of 328 Page 27 of 328 Page 28 of 328 Page 29 of 328 Page 30 of 328 Page 31 of 328 Page 32 of 328 Page 33 of 328 Page 34 of 328 Page 35 of 328 Page 36 of 328 Page 37 of 328 February 10, 2020 Item No. 4.4. Replacement of Warehouse Freight Elevator Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding awarding a contract to Jamail & Smith Construction, LP in the amount of $180,575.45 for the replacement of the Warehouse lift/freight elevator. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends awarding the contract to Jamail & Smith construction, LP. Summary: The CSU Warehouse staff manages a $4.7 million inventory. A large portion of this material is located on the second floor of the facility. The primary mode of transferring material from the ground floor to the second floor is an industrial freight elevator that has been in place since the construction of the USC in 1987. Over the years, the elevator has seen an increasing number of repairs and modifications in order for Warehouse operations to flow smoothly. If repairs are needed, no parts are available locally and are difficult to obtain. Spare parts have become increasingly expensive to maintain this lift. An example is the main motor which operates the chain on the lift which, if not working, must be removed and sent to the nearest authorized repair shop in Houston resulting in down time affecting the Electric and Water Departments, along with supplies for other City departments, which are stored on the second floor. A modern replacement elevator will alleviate excessive down-time and will help maintain the high level of service that the USC Warehouse personnel provide in a safe and efficient manner. The elevator has been and will be a crucial part of the successful operation of the USC Warehouse. Budget & Financial Summary: Funds are budgeted and available in the Electric Capital Improvements Fund. Reviewed & Approved by Legal: No Attachments: 1.20300124 Jamail Smith Contract Page 38 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 1 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT This Agreement is entered into by and between the City of College Station, a Texas home-rule municipal corporation (the _________________________________________ (the for the construction and/or installation of the following: _________________________________________________________________________________________. 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted. 1.02 City. The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 Project. 1.04 City's Representative. The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent. 1.05 Contract Amount. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in pay the Contractor an amount not to exceed:_________________________________________________________ and ______/100 Dollars ($______________________). 1.06 Contract Documents. The term "Contract Documents" shall mean those documents listed in Paragraph 2.01. 1.07 Contractor. The term "Contractor" shall mean the person(s), partnership, or corporation who has agreed to perform the Work contemplated in this Agreement and the other Contract Documents. 1.08 . to Bid for the Project. 1.09 Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.10 Final Completion. The term "Final Completion" shall mean that all the Work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. JAMAIL & SMITH CONSTRUCTION, LP Remove, Furnish and Installation of Elevator Lift at Electric Warehouse, with scheduled completion by September 30, 2020. One Hundred Eighty-Nine Thousand Seven Hundred Forty 53 189,740.53 Page 39 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 2 1.11 Hazardous Substance. The term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which is defined as a hazardous substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean- up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). 1.12 Environmental Laws. ate or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws. 1.13 Interpretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.14 Nonconforming work. The term "nonconforming work" shall mean Work or any part thereof that is rejected by Representative as not conforming with the Contract Documents. 1.15 Parties. The "parties" are the City and the Contractor. 1.16 Project. The term "Project" shall mean the construction of an improvement to real property where the Work comprises either whole or a part of such construction and which may include construction by the City or separate contractors. 1.17 Project Manager. roject Manager shall assist the City in performing various administrative and oversight duties relating to the Work, subject to limitations in authority that must be verified by Contractor. 1.18 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contract with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.19 Substantially Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including Page 40 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 3 retainage, however, shall be withheld until Final Completion and acceptance of the Work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.20 Work. The term "Work" as used in this Agreement shall mean the construction and services required by the Contract Documents and Exhibits, including any duly authorized change orders, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill its obligations. The Work may constitute the whole or a part of the Project. The Work includes but is not limited to all labor, parts, supplies, skill, supervision, transportation, services, and other facilities and all other items needed to produce, construct, and fully complete the Project. 1.21 Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2. CONTRACT DOCUMENTS 2.01 The Contract Documents and their priority shall be as follows: (a) This signed Agreement. (b) Addendum to this Agreement. (c) General Conditions, as may be applicable. (d) Special Conditions, as may be applicable. (e) Specifications, including the technical specifications set out at BCS Unified Design Guidelines . (f) Plans. (g) Instructions to Bidders and any other notices to Bidders or Contractor. (h) Performance bond, Payment bonds, Bid bonds and Special bonds. (i) Contractor's Proposal. 2.02 Where applicable, the Contractor will be furnished three (3) sets of plans, specifications, and related Contract Documents for its use during construction. Plans and Specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03 The Contractor shall distribute copies of the Plans and Specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the Plans and Specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the Work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04 All drawings, specifications, and copies thereof furnished by the City shall not be re-used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the ion of the Work. All Contract Documents, models, mockups, or other representations are the property of the City. 2.05 In the event of inconsistencies within or between parts of the Contract Documents, the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more stringent requirement, -2.05, however, shall not relieve the Contractor of any of the obligations set forth in paragraphs 8.01. and 8.02 of this Agreement. Page 41 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 4 3. AWARD OF CONTRACT 3.01 Upon the notice of intent to award of the contract by the City, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents, bonds, and certificates of insurance required herein. 3.02 Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the Work in the most expedient and efficient possible manner in order to complete the Work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the roceed. The notice to proceed may not be given, nor may any Work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments, particularly those required under paragraphs 27 and 28 (Insurance & Bonds). 4. CITY'S REPRESENTATIVE 4.01 The Contractor shall forward all communications, written or oral, to the City through the City's Representative. 4.02 The City's Representative may periodically review and inspect the Work of the Contractor. 4.03 The City's Representative shall appoint, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the Work performed under this Agreement and ensure that said Work is performed in accordance with the Plans and Specifications. 4.04 inspector has authority to reject any of the Work for failure to comply with the Contract Documents and/or applicable laws. 4.05 Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may, within two (2) days from receipt of such order, make written appeal to City's Representative for his decision. 5. INDEPENDENT CONTRACTOR 5.01 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the Work. The Contractor shall have ultimate control over the execution of the Work under this Agreement. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Agreement. 5.02 Standard of Care. The Work shall be performed in a good and workmanlike manner, and in accordance with this Agreement, and all applicable laws, codes, and regulations. The construction of the Project is subject to amendments and adjustments to the Contract required by any applicable changes in regulations or requested or approved by in writing by the City. If at any time during the progress of the Work the Contractor becomes aware Page 42 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 5 of any errors or omissions in the Plans or Specifications for this Project or that the Agreement deviates from applicable legal requirements, Contractor shall promptly provide written notice thereof to the City. The Contractor s 5.03 The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the Work and fulfillment of this Agreement. The Contractor shall be responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. The subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project site during the progress of the Work, including at all times subcontractors are present at the Project site, a competent English speaking Project Manager and/or superintendent and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors. All directions given to the Project Manager and/or superintendent shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the Work, and lack of such supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5.04 Unless otherwise stipulated, the Contractor shall provide and pay for all labor, materials, tools, equipment, transportation, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the Work by the Contractor. Any additional work, material, or equipment needed to meet the intent of this provision shall be supplied by the Contractor without claim for additional payment, even though not specifically mentioned herein. 5.05 Any injury or damage to the Contractor or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6. DISORDERLY EMPLOYEES The Contractor agrees to employ only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City's Representative shall inform the Contractor in writing that any person or persons on the Project are, in his opinion, incompetent, unfaithful, or disorderly, such person or person shall be discharged from the Project and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7. HOURS OF WORK The Contractor may work Monday through Friday from 7 a.m. to 6 p.m., exclusive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime, weekends, and holidays only when approved in advance by the City's Representative. The time for Substantial Completion shall not be affected in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. 8. NATURE OF THE WORK 8.01 It is understood and agreed that the Contractor has, by careful examination, studied and compared the Plans and other Contract Documents, satisfied itself as to the nature and location of the Work, the conditions of the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the Work, the time needed to complete the Work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the Page 43 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 6 Work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any Work that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02 Any design errors or omissions noted by the Contractor shall be reported promptly to the City, but it is design professional unless otherwise specifically provided in the Contract Documents. Any nonconformity discovered by or which reasonably should have been discovered or made known to the Contractor shall be reported promptly to the City. 8.03 If the Contractor fails to perform the obligations of Paragraphs 8.01. and 8.02., the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the City for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized or reasonably should have recognized such error, inconsistency, omission or difference and knowingly failed to report it to the City. 9. POST-AGREEMENT AWARD MEETINGS 9.01 Prior to the commencement of the Work, the parties shall meet and attend a post-agreement award meeting at the time and place determined by City's Representative. At the post-agreement award meeting, the parties shall meet, discuss, and finalize all schedules, including commencement date, and/or specifications submitted for review. No later than ten (10) days prior to the post-agreement award meeting, the Contractor shall submit to City's Representative the following documents: (a) Sched including the starting and ending date, as well as an indication of the completion of stages of Work hereunder. Such document, once approved by the City and, if appli incorporated into this Agreement as a Contract Document and attached hereto as Exhibit E. If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. The Construction Schedule shall not be modified except by written change order. The Construction Schedule shall not exceed time limits current under the Contract Documents, shall be submitted with each pay application, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. (b) The names and addresses of all proposed subcontractors in writing. (c) Schedules of the starting and ending dates of subcontractors and the scope of Work contemplated for subcontractors. (d) Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Project Superintendent/Manager. Page 44 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 7 (e) For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the submission thereof. (f) Where applicable, materials procurement schedules and material supplier names, addresses and phone numbers. 9.02 The City's Representative, within five (5) working days after the initial post-agreement award conference or any other meetings, may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall thereafter sign the minutes and promptly return them to City's Representative. Where there is disagreement, City's Representative will make the final determination. 10. PROGRESS OF WORK 10.01 The Construction Schedule shall be in a detailed precedence- primavera-type format satisfactory to the City and the Consultant. The Construction Schedule shall also (i) provide a graphic representation of all activities and events that will occur during performance of the Work; (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. 10.02 Further, the parties shall be subject to the following: (a) The Contractor shall submit a Construction Schedule and schedule of values at the initial post- agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's Construction Schedule submitted herein. The Contractor shall promptly resubmit a revised Construction Schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the Work with dates at which the Contractor will start the several parts of the Work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the Work is not in accordance with the approved Construction Schedule, the City may so inform the Contractor and require the Page 45 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 8 Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03 The process of approving the Construction Schedule and updates to the Construction Schedule shall not constitute a warranty by the City that any non-Contractor milestones or activities will occur as set out in the Construction Schedule. Approval of the Construction Schedule does not constitute a commitment by the City to furnish any City-furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the City of any delays or potential delays. In the event the Construction Schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any adjustment to the Construction Schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04 The Contractor shall also prepare a submittal schedule promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the e submittal reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 10.05 In the event the City determines that the performance of the Work, as of a Milestone Date or otherwise, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime; (ii) supplying additional manpower, with the stage (a) The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the City under or pursuant to this Subparagraph. (b) The City may exercise the rights furnished the City under or pursuant to this Subparagraph as frequently as comply with any Milestone Date or completion date set forth in the Contract Documents. 10.06 Work Stoppage. If in the judgment of either the City or City's Representative any of the Work or materials furnished is not in strict accordance with this Agreement or any portion of the Work is being performed so as to create a hazardous condition, they may, in their sole discretion, order the Work of the Contractor or any subcontractor wholly or partially stopped until any objectionable person, work, or material is removed from the premises. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement, including the time of performance and deadlines therefore, nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. Page 46 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 9 11. SITE CONDITIONS AND MANAGEMENT 11.01 Where the Contractor is working around or in existing structures, it shall verify conditions at the site, including but not limited to, door openings and passages. Any items constructed or manufactured off-site or outside of buildings shall be done so that they are not too bulky for existing facilities. The Contractor shall provide special apparatus as required to handle any such items. All special handling equipment charges shall be at the Contractor's expense. Further, Contractor shall include in its price for the Work, all labor, materials, equipment and/or engineering services required to protect the adjacent properties and/or structures from damage due to performance of the Work. 11.02 The Contractor shall be responsible for all power, light, and water required to perform the Work. 11.03 Throughout the progress of the Work, the Contractor shall keep the working area free from debris of all types, and remove from premises all rubbish, resulting from any work being done by him. At the completion of the Work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied and charged back to the Contractor. 11.04 Layout of Work. Except as specifically provided herein, the Contractor shall lay out all Work in a manner acceptable to City's Representative in accordance with applicable City of College Station codes and ordinances. City's Representative will review the Contractor's layout of all structures and any other layout work done by the Contractor at the construction meeting, or at the Contractor's request, but this review does not relieve the Contractor of the responsibility of accurately locating all Work in accordance with the Plans and Specifications. 11.05 Lines and Grades. All lines and grades shall be furnished by the Contractor. Benchmarks and control stakes have preserved by the Contractor. In case of destruction or removal of the same by the Contractor, its subcontractors, or employees, such stakes, marks, etc. shall be replaced by the Contractor at the Contractor's expense. If the Contractor fails to do so, the City may do so and charge back the Contractor. Additional construction staking as needed for the Work, including lines and grades, shall be the sole responsibility of the Contractor, and the Contractor shall receive no extra time or compensation therefor. 11.06 The Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as any information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the City and the Consultant any errors, inconsistencies or omissions discovered by or made known to the Contractor. It is recognized that the Con otherwise specifically provided in the Contract Documents. Contractor acknowledges the City does not represent nor warrant the accuracy or completeness of information provided by the City related to existing conditions and locations of existing utilities and services. Such information if provided, is provided to the Contractor as a matter of convenience and does not substitute for the Contractor using due diligence to reasonably observe and or to access space to determine errors, inconsistencies or omissions. In all cases of interconnection of the Work with existing conditions, Contractor shall verify at the site all dimensions relating to such existing conditions. 11.07 Contractor's Structures. The building or locating of structures or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not Page 47 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 10 damage the property where such structures are allowed and shall at all times maintain sanitary conditions in and about such structures in a manner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City, its property, or third persons as a result of the location or use of such structures. 11.08 The Contractor and any entity over whom the Contractor has control shall not erect any sign on the Project site without the prior written consent of the City. 11.09 City may have other work related to the Project performed at the Project site during the time the Work is performed. Contractor should schedule its Work to coordinate with the work of other contractors and utilities with the understanding that some of that work may be performed at times other than as set out in the Contract Documents or as otherwise anticipated. City will endeavor to have such other work performed so as not to unduly interfere with Contractor's performance when Contractor notifies City of specific reasonable needs well in advance of those needs and where it is possible to do so. In the event of substantial delay caused by another contractor or a utility, after advance notice of its needs by Contractor, Contractor will be entitled to make a claim for an extension of time as provided herein. 11.10 When two or more contractors, including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one contractor before another can begin, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor, including Contractor if applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separate contractor at the Project site, or should any claim arising out of Contractor's separate contractor at the Project site, or should any claim arising out of Contractor's performance of the Work be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by applicable laws, indemnify and hold City harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against City to the extent based on a claim arising out of Contractor's negligence. 12. MATERIALS 12.01 Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, uarantees are required by the Contract Documents, the current edition at the time of Contract execution shall apply, unless another edition is specified in the Contract Documents. shall apply in full, except (1) they do not supersede more stringent standards set out in the Contract Documents, and (2) any exclusions or waivers that are inconsistent with the Contract Documents do not apply. 12.02 All materials shall be approved by the City prior to purchase by the Contractor. Unless otherwise specified herein, the Contractor shall purchase all materials and equipment outright and shall not subject the materials and equipment utilized in the Project to any conditional sales agreement, bailment, lease, or other agreement reserving Page 48 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 11 unto seller any right, title, or interest therein. Title to all materials, but not risk of loss, shall pass to the City upon delivery to the Project. 12.03 Where the City deems it necessary to supply materials, it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. Moreover, the Contractor shall, on behalf of the City, accept delivery of the materials set forth in the attached "List of Materials Ordered by the City". Under such circumstances, the Contractor shall promptly forward to the City for payment the supplier's invoice together with the Contractor's receipt in writing for such materials. (a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials. (b) Further, the Contractor shall repair, repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative. (c) Before transporting any of the materials furnished or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. (d) The City shall not be obligated to furnish materials in excess of the quantities, size, kind, and type set forth in the attached List of City Furnished Materials and List of Materials Ordered by the City. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such excess materials shall be their actual cost as stated by the City. (e) Upon delivery, the Contractor shall promptly receive, unload, transport, and handle all materials and equipment on the List of Materials Ordered by the City at its expense and shall be responsible for all shipping costs. 12.04 Materials and supplies shall be new and of good quality. Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished, reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12.05 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. 12.06 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a subcontractor, sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Page 49 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 12 12.07 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 12.08 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 12.09 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. 12.10 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Drawings, Product Data, Samples and similar submittals required by the Contract approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. 12.11 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 12.12 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been 12.13 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by th of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in S approval thereof. 12.14 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisi apply to such revisions. 12.15 Contractor shall be liable for and the City Page 50 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 13 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01 The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. 13.02 The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the Work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the Work will be ready for observation. 13.03 The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the Plans, Specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if said work is in accordance with the -Plans, -Specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04 City shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further, insurance changes required to ke shall be the responsibility of Contractor. 14. REJECTED WORK 14.01 All work deemed not in conformity with this Agreement as determined by the City in its sole discretion, may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations, inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the Work in accordance with the requirements of this Agreement and the other Contract Documents. 14.02 If the work or any part thereof is rejected by the City, it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: (a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. (b) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion. Page 51 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 14 14.03 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. 15. SUBCONTRACTING & SUBCONTRACTORS 15.01 The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02 Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the Work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Every subcontractor shall be bound by the terms and provisions of this Agreement and the Contract Documents as far as applicable to contractors shall assume toward the Work, which the Contractor, by these Documents, assumes toward the City and Consultant. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. 16. PAYMENT 16.01 The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such, is exempt from the payment of the sales tax on materials and supplies used in the performance of this Agreement. The Contractor shall issue exemption certificates to its suppliers and subcontractors in lieu of said sales tax for all such materials and supplies, and said exemption certificates must comply with the State -0.07 and shall be subject to the provision of the State Comptro - 0.09, effective October 1, 1969. 16.02 Progress Payment Applications. The Contractor shall submit applications for payment as provided for herein. Applications for payment will be processed by City's Representative. Before the first Application for Payment, the Contractor shall submit to the City a schedule of values allocated to various portions of the Work, The Schedule of Values shall not overvalue early job activities and shall follow the trade divisions of the Specifications so far as possible. Modifications must be approved by City. This schedule, unless objected to by the City, shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit F or before the 15th day of each month, the Contractor shall submit to City's Representative, for approval or modification, a statement, backed by the Schedule of Values, showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to and including the last day of the preceding month. The statement shall also include the value of all materials not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the Work. Page 52 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 15 16.03 Progress Payments. On or before the 30th calendar day following the City's receipt of a progress payment application made in conformity with Paragraph 16.02, the City shall pay to the Contractor the approved amount of the progress payment based on the Contractor's applications for payment, and the recommendation and approval of City's Representative. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of Work completed by the Contractor and approved by the City, but in each case less the aggregate of payments previously made, less retainage, and less amounts as City's Representative shall determine and the City may withhold in accordance with this Agreement. Upon Final Completion, including the delivery arranties, guarantees, required additional materials, releases, operation and maintenance manuals, and acceptance of the Work in accordance with this Agreement, the City shall pay the remainder of the balance due under this Agreement, less any sums withheld under other terms of this Agreement and less the retainage, which shall be retained for a period of thirty (30) calendar days from the date of Final Completion. Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. 16.04 Retainage. From each approved statement, the City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. OR: 16.04 Retainage. This section has been removed. No retainage will be deducted. 16.05 If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06 Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re-stocking charges actually incurred by the Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07 The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the Work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09 Unless otherwise provided in the Contract Documents: (a) Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; Page 53 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 16 (b) handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Amount but not in the allowances; and (c) Whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between Paragraph 16.9(b). 16.10 Suspension of Payments. The City, at any time, may suspend monthly progress payments on the Work if it determines that the projected liquidated damages may exceed retainage. The City, at any time, may suspend monthly progress payments if it believes that the Contractor will not complete the Work due to actual default or that the Contractor has represented or done some act that indicates that it will not complete the Work in accordance with this Agreement or within the time period submitted in its bid. Provided, however, City is in no way obligated 16.11 Withhold Funds. Regardless of any bond, the City may, on account of subsequently discovered evidence and in addition to the retainage withheld under Paragraph 16.04, withhold funds or nullify all or part of any acceptance or certificate to such extent as may be necessary to protect itself from loss on account of any of the following, or as otherwise provided in this Agreement: (a) Defective work. (b) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. (c) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. (d) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. (e) Claims made or reasonable evidence indicating claims will be made for damage to third parties, including adjacent property owners. (f) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. (g) City's determination of an amount of liquidated damages. (h) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. (i) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. (j) Corrections of mistakes, errors and overpayments in relation to prior pay applications and payments. provisions of this Paragraph. Page 54 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 17 17. EXTRA WORK CHARGES 17.01 No changes shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02 City Manager Approval. When the original contract amount plus all change orders is One Hundred Thousand Dollars ($100,000) or less, the City Manager or his designee may approve the written change order in accordance with 17.03 below, provided the change order does not increase the total amount set forth in the Contract to more than One Hundred Thousand Dollars ($100,000). For such contracts, when a change order results in a total contract amount that exceeds One Hundred Thousand Dollars ($100,000), the City Council of the City must approve such change order prior to commencement of the services or work. 17.03 For "Extra Work", as defined in Paragraph 1.09 and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original Contract price may not be increased by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be to Waive and Release any claim for such non-included cost. OR: 17.03 For construction contracts funded in whole or in part by Certificates of Obligations, for "Extra Work," as defined in Paragraph 1.09 and authorized through written change orders, and pursuant to Section 271.060 of the Texas Local Government Code, a contract with an original contract price of $1 million or more may not be increased by more than twenty-five percent (25%). If a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than $1 million increases the Contract Amount to $1 million or more, subsequent change orders may not increase the revised Contract Amount by more than twenty-five percent (25%). Written change orders may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be Waive and Release any claim for such non-included cost. 17.04 The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Completion of the Work shall not excuse the Contractor from Page 55 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 18 performing all the Work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the Work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the Work and the Contractor shall assume and pay the costs of the performance of the Work as contracted. (a) It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a written work order signed by City. (b) No claim for Extra Work of any kind will be allowed unless ordered in writing by the City. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive compensation or an adjustment in the construction time, it shall make written request to City's Representative for a written order from City authorizing such Extra Work. (c) Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the Work after making written requests for written orders in a change order and shall keep adequate and accurate account of the actual field costs therefor, as provided under Method C. (d) It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Method A - By agreed unit prices, or Method B - By agreed lump sum, or Method C - If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost (as defined in subsection (g) below) of the Work. (e) Method A - Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as follows: (1) The cost of materials shall be determined by the invoices; (2) The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, pu compensation, and all other insurance as may be required by law or ordinances or required and agreed to Page 56 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 19 by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1) No indirect or consequential damages will be allowed. (2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned man loading to actual man loading, or any other analysis that is used to show damages indirectly. (3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01 The date of beginning, the time for Substantial Completion and Final Completion of Work as specified in this Agreement are of the essence of this Agreement. 18.02 The Work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post-award conference. 18.03 The Work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04 The Work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION 19.01 The Contractor shall notify City's Representative when, in the Contractor's opinion, the Contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the Work has been Substantially Completed, City's Representative shall inspect the Work for the preparation of a final punch list. Page 57 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 20 (a) If City's Representative and the City find that the Work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the Work. City's Representative shall not be required to provide a list of unfinished work. (b) If the City Representative and City find that the Work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19.02 The Substantial Completion of the Work shall not excuse the Contractor from performing all of the Work, whether of a minor or major nature, necessary for Final Completion and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01 Contractor shall notify the City's Representative when it believes that the Work has reached Final Completion as defined in Paragraph 1.08. If the City's Representative and the City accept and deems such Work Finally Complete, then Contractor shall be so notified and certificates of completion and acceptance, as provided herein, shall be issued. A complete itemized statement of this Agreement account, certified by the City's Representative as correct, shall then be prepared and delivered to Contractor. Contractor or City, as the case may be, shall pay the balance due as reflected by said statement within thirty (30) calendar days. 20.02 The Contractor shall procure all required certificates of acceptance or completions issued by state, municipal, or other authorities and submit the same to the City. The City may withhold any payments due under this Agreement until the necessary certificates are procured and delivered. 20.03 Neither the final payment nor any acceptance nor certificate nor any provision of this Agreement shall relieve the Contractor of any responsibility for faulty workmanship or materials. At the option of the City, the Contractor shall remedy any defects and pay for any damage to other work which may appear after final acceptance of the Work. 21. DELAYS 21.01 The Contractor, in undertaking to complete the Work within the times herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such Work, whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise. 21.02 The City may, in its sole discretion, delay the Work during inclement weather in order to preserve the Project, insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Paragraph 22 to offset for such stoppage of the Work. 21.03 No payment or compensation of any kind shall be made to the Contractor for damages because of hindrance or delay in the progress of the Work, unless such delays (1) are caused by the actual interference, fraud, bad faith or misrepresentation by the City or its agents, (ii) extend for an unreasonable length of time; or (iii) were not contemplated by the parties at the time of contracting. In the event of any delay entitling Contractor to an y remedies under the Contract, regardless of the extent or frequency, shall not under any circumstances be construed as interference with the Con Page 58 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 21 21.04 In the event of delays resulting from changes ordered in the Work by the City or other delays caused by s resulting from increased storage costs or other costs necessary to protect the value of the Work. In no event shall any consequential or other damages be allowed or any other charges or claims be made by the Contractor for hindrances or delays resulting from any other cause. 22. EXTENSIONS OF TIME 22.01 The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including, but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completion, except when the Work has been delayed by one or more of the following: (a) An act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; (b) By changes ordered in the Work, or reductions thereto approved in writing; (c) By "rain days" (days with rainfall in excess of one-tenth of an inch) during the term of this Agreement that exceed the average number of rain days for such term for this locality, both as determined by the Texas A&M University weather service; or (d) By other causes that the City and the Contractor agree may reasonably justify delay and that were by unforeseen labor disputes, fire, natural disasters, acts of war, and other rare and unpredictable events. This term does not include normal delays incident to the delivery of materials, tools, or labor that on to bid. 22.02 If one or more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time, within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required by the City's Representative. Within ten (10) calendar days after receipt of a written request for an extension of time, which is supported by all requested documentation, the City shall, in writing and in its sole discretion, grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing and in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01 The time for the Substantial and Final Completion of the Work described herein are reasonable times for the completion of each, taking into consideration all conditions, including but not limited to the average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor's failure to meet the deadlines for Substantial and/or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the Work within the time herein specified, or any proper extension Page 59 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 22 thereof granted by the City's Representative pursuant to the terms of Paragraph 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of _______________________________ and ______/100 DOLLARS ($______________) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01 The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02 The Contractor shall take the necessary precautions to protect any areas adjacent to its Work. 24.03 The Work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01 Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (l) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative, and all work will be of good quality, free from faults and defects, and in conformance with this Agreement, the other Contract Documents, and recognized industry standards. 25.02 All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03 This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04 Where more than a one (l) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. 25.05 This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 25.06 Defective Work Discovered During Warranty Period. If any of the Work is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this Agreement within one (l) year after the date of the issuance of a certificate of Final Completion of the Work or a designated portion thereof, whichever is longer, or within one (l) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall promptly, upon receipt of written notice by the City, correct the defective work at no cost to the City. Two Hundred no 200.00 Page 60 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 23 25.07 The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08 If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the Work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the Work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09 The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10 The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (l) year after the installation or completion. The one (l) year warranty shall cover all Work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the Work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01 Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02 Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Paragraph 26.01, the Contractor or subcontractor as the case may be shall pay the City sixty dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03 The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable, without discount, no less than once each week. 26.04 No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll and that no rebates or deductions (except as shown) have been made or will be made in the future from the wages therein shown. 26.05 Payment of Subcontractors. The Contractor shall be solely and exclusively responsible for compensating any of the Contractor's employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by the City. In the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the Work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Page 61 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 24 Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 26.06 Affidavit of Bills Paid. Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 27. INSURANCE 27.01 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth below. During minimum requirements of this section. 27.02 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Excess Liability required for contract amounts exceeding $1,000,000. (d) (e) Workers' Compensation . 27.03 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 will be accepted. (b) Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. (c) "Claims Made" policies are not accepted. (d) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City of College Station. (e) The City of College Station, its agents, officials, employees and volunteers, are to be named as policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officials, employees or volunteers. 27.04 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) the current A.M. Best Key Rating Guide. Page 62 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 25 (b) Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. (c) Coverage shall be at least as broad as ISO form GC 00 01. (d) No coverage shall be excluded from the standard policy without notification of individual (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. 27.05 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) accordance with the current A.M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000.00 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 autos, leased or rented autos, non-owned autos, any autos and hired autos. (e) Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1,000,000.00, where such exposures exist. 27.06 Excess Liability. The following Excess Liability requirements shall apply: Unless otherwise agreed in writing, excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the Agreement, whichever is greater, per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000 in total value. 27.07 Additional Insured. Those policies set forth in Paragraphs 27.04, 27.05, and 27.06 shall contain an endorsement listing the City as -insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form acceptable to the City. Waiver of subrogation in a form acceptable to the City shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the Cit hereto as Exhibit C, and approved by the City before Work commences. Page 63 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 26 27.08 Until the Work is completed and accepted by the City, the Contractor shall purchase and main shall also cover portions of the Work stored off site after written approval of the City of the value established in the approval, and also portions of the Work in transit. This insurance shall include the interests of the City, the Contractor, subcontractors and sub-subcontractors in the Work and shall insure against the perils of fire, wind, storm, hail, lightning and extended coverage including flood and earthquake and shall include all-risk insurance for physical loss or damage, including, without duplication of coverage, theft, vandalism and malicious mischief. The insurance shall cover reasonable compensation for C result of an insured loss. This must be an all-risk policy incorporating the following language: Permission is given for the Project insured hereunder to become occupied, the insurance remaining in full force and effect until such time as the Project has been accepted by the City, all as currently approved by the Texas Board of Insurance Commissioners When permissible by law, the Certificate of Insurance must include the names of the insured Contractor and the City. The deductible under the policy, including that for flood shall not exceed $100,000.00 without the written approval of the City. 27.09 Insurance. Insurance requirements shall apply. (a) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Pr or through an executed coverage agreement on an approved Texas Department of Insurance Division his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. (b) Compensation insurance shall include the following terms: 1. employee are required. 2. be included in this policy. 3. contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. Page 64 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 27 (c) Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Definitions: An original certificate of insurance, a certificate of authority to self- (DWC-81, DWC-83, or DWC- for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the Work on the project until the vernmental entity. Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to delivering equipment or materials, or providing labor, transportation, or other service related to vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all Page 65 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 28 persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner pres on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that Page 66 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 29 materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Agreement, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. the Contractor that entitles the governmental entity to declare the Agreement void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the 27.09 Certificates of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance-approved form, and shall contain the following provisions and warranties: (a) The company is authorized to do business in the State of Texas. (b) The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Department of Insurance or ISO. (c) Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 28. BOND PROVISIONS 28.01 Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in uirements of Chapter 3503 of the Texas Insurance Code, all other applicable law, and the following: (a) The Contractor shall execute performance and payment bonds for the full Contract Amount. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents, which are attached as Exhibit B, together with valid Page 67 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 30 original powers of attorney, at the time of execution of this Agreement by Contractor and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit B. (d) The performance and payment bonds shall remain in effect for a period of one (1) year after Final Completion of the Work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02 The Contractor may make such changes and alterations as the City may require in the Work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned, in accordance with the provisions of Article 17. 29. SURETY 29.01 If the Contractor has abandoned the Project or the City has terminated the Contract for cause and the rk in compliance with this Agreement, then the City at its option may provide for completion of the Work in either of the following manners: (a) The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the Work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. (b) The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the Work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what to C shall be and remain bound therefor. However, should the cost to complete such new agreement prove to be less than that which would have been the cost to complete the Work under this Agreement, the Contractor shall be credited therewith after all deductions are made in accordance with this Agreement. 29.02 Should the cost to complete the Work exceed the Contract Amount and the Contractor fails to pay the amount due to the City within the time designated and there remains any machinery, equipment, tools, materials, or supplies on the Project site, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor at its respective address designated in this Agreement; provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived Page 68 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 31 from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 29.03 In the event the account shows that the cost to complete the Work is less than that which would have been the cost to City had the Work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the Project site shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01 The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. 30.02 The Contractor shall perform and require all subcontractors to perform the Work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 30.03 The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01 All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attn.: Assistant Chief". 31.02 The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the Work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the Work as may be necessary. 31.03 The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the Work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04 Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in section 1.11, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as defined in section 1.12). In the event Contractor engages in any of the activities prohibited in this section 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every Page 69 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 32 kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attor arising out of, incidental to or resulting from the activities prohibited in this section 31.04. 31.05 In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06 City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07 It is the Contractor's responsibility to comply with all Environmental Laws (as defined in section 1.10 of this Agreement) based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Subchapter 756 of the Tex. Health & Safety Code Ann. §756.022-023, and the requirements of 29 C.F.R., Subpart P Excavations (sections 1926.650 et. seq.) of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. 32.03 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty, responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 32.04 The Contractor must provide the City t to perform the trench safety inspections. The Contractor must make daily inspections to ensure that the systems comply with all applicable laws and regulations, and must maintain a permanent record of daily inspections available for examination by the City or other government authority. Page 70 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 33 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. 33. INDEMNITY 33.01 CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THE CONTRACT DOCUMENTS. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02 The indemnification contained in paragraphs 33.01 shall include but not be limited to the following specific instances: (a) The City is damaged due to the act, omission, mistake, fault or default of the Contractor. (b) In the event of any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) In the event of any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. (d) In the event of any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. (e) The removal of all debris related to the Work. (f) The acts and omissions of the subcontractors it hired. (g) The Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 33.03 The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. Page 71 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 34 33.04 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 33.01, 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. 33.05 The indemnity provisions provided herein shall survive the termination or expiration of this Agreement. 33.06 The indemnification obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers compensation acts, disability benefit acts or other employee benefit acts. 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. 34. RELEASE 34.01 The Contractor assumes full responsibility for the Work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's Work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. 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. 35. PERMITS AND LICENSES 35.01 The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the Work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 36. ROYALTIES AND LICENSING FEES 36.01 THE CONTRACTOR SHALL PAY ALL ROYALTIES AND LICENSING FEES. THE CONTRACTOR SHALL HOLD THE CITY HARMLESS AND INDEMNIFY THE CITY FROM THE FEES FOR SUITS, CLAIMS OR OTHERWISE, GROWING OUT OF INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, MATERIALS AND METHODS USED IN THE PROJECT. IT SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT RIGHTS. FURTHER, IF THE CONTRACTOR HAS REASON TO BELIEVE THAT THE DESIGN, SERVICE, PROCESS, OR PRODUCT Page 72 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 35 SPECIFIED IS AN INFRINGEMENT OF A PATENT, IT SHALL PROMPTLY GIVE SUCH INFORMATION E. 37. BREACH OF CONTRACT & DAMAGES 37.01 The City shall have the right to declare the Contractor in breach of this Agreement for cause when the City determines that this Agreement is not being performed according to its understanding of the intent and meaning of this Agreement. Such breach shall not in any way invalidate, abrogate, or terminate the Contractor's obligations under this Agreement. 37.02 Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to damages for breach of contract, upon but not limited to the following occurrences: (a) If the Contractor shall fail to remedy any default after written notice thereof from City's Representative, as City's Representative shall direct; or (b) If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or (c) If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 38. TERMINATION FOR CAUSE 38.01 At any time, and without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety for any of the following: (a) If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors and, after notice, fails to provide adequate assurance that it can remedy all of its defaults; or (b) If a receiver, trustee, or liquidator of any of the property or income of the Contractor is appointed; or (c) If the Contractor fails to prosecute the Work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or (d) If the Contractor fails to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or (e) If the Contractor fails for any reason other than the failure by City's Representative to make payments called upon when due; or (f) If the Contractor abandons the Work. Page 73 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 36 (g) If the Contractor commits a material default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 39. TERMINATION FOR CONVENIENCE 39.01 The performance of the Work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the Work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE 40.01 If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the Work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the Work itself costs incurred by the City (including, without limitation, applicable, general, administrative expenses, field overhead, the cost of necessary equipment, materials, field labor, additional fees paid to architects, engineers, attorneys or others to assist the City in connection with the termination and liquidated damages) in completing and/or correcting work by the Contractor that fails to meet any requirement of this Agreement or the other Contract Documents. 41. CLOSE OUT 41.01 After receipt of a notice of termination, whether for cause or convenience, unless otherwise directed by City's Representative, the Contractor shall, in good faith and to the best of its ability, do all things necessary in the light of such notice to assure the efficient and proper closeout of the terminated work (including the protection of City's property). Among other things, the Contractor shall, except as otherwise directed or approved by City's Representative, do the following: (a) Stop the work on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts for services, equipment, or materials, except as may be necessary for completion of such portion of the Work as is not terminated; (c) Terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by the notice of termination; Page 74 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 37 (d) Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Repre- sentative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (e) With the approval of City's Representative, settle all outstanding liabilities and all claims arising out of such termination, orders, and subcontracts; (f) Deliver to City's Representative, when directed by City's Representative, all documents and all property, which if the Work had been completed, Contractor would have been required to account for or deliver to City's Representative, and transfer title to such property to City's Representative to the extent not already transferred; and/or 42. TERMINATION CONVERSION 42.01 Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Paragraph 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 39. 43. HIRING 43.01 During the term of this Agreement and for a period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT 44.01 This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45. EFFECTIVE DATE 45.01 This Agreement goes into effect when duly approved by all the parties hereto and is contingent upon Contractor obtaining the bonds required herein. 46. OTHER TERMS 46.01 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. 46.02 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein Page 75 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 38 excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. 46.03 Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.04 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.05 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. 46.06 Mediation. Consultant, City's Representative or another party for review. Contractor will attend meetings called to review and discuss the claims and mitigation of the problem, and shall furnish any reasonable factual backup for the claim requested. The City may also elect to defer consideration of the claim until the Work is completed, in which case the same review options shall be available to the City at the completion of the Work. At any stage, the City, at its sole discretion, is entitled to refer a claim to mediation under the Construction Industry Mediation Rules of the American Arbitration Association, and, if this referral is made, Contractor will take part in the mediation process. The filing, mediation or rejection of a claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under City's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in College Station, Texas. 46.07 Arbitration. In the event of a dispute and upon the mutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.08 Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 46.09 Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this Agreement. 46.10 Authority to 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. Page 76 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 39 46.11 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 any way affect the validity of this Agreement, any part hereof, or the right of the City 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. 46.12 Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.13 Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.14 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. 46.15 Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. 46.16 Verification No Boycott Israel. To the extent this Contract is considered a contract for goods or services subject to § 2270.002 Texas Government Code, Contractor verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract. Page 77 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Page | 40 List of Exhibits A. Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule F. Schedule of Values CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: ________________ Title: Date: APPROVED: City Attorney Date: ______________ Assistant City Manager/CFO Date: ______________ JAMAIL & SMITH CONSTRUCTION, LP Page 78 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 EXHIBIT A DAVIS BACON WAGE RATES Page 79 of 328 General Decision Number: TX190007 01/04/2019 TX7 Superseded General Decision Number: TX20180016 State: Texas Construction Types: Heavy and Highway Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY Construction Projects Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 * SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Page 80 of 328 Structures)......................$ 12.56 ELECTRICIAN......................$ 26.35 FORM BUILDER/FORM SETTER Paving & Curb...............$ 12.94 Structures..................$ 12.87 LABORER Asphalt Raker...............$ 12.12 Flagger.....................$ 9.45 Laborer, Common.............$ 10.50 Laborer, Utility............$ 12.27 Pipelayer...................$ 12.79 Work Zone Barricade Servicer....................$ 11.85 PAINTER (Structures).............$ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor........$ 12.69 Asphalt Distributor.........$ 15.55 Asphalt Paving Machine......$ 14.36 Boom Truck..................$ 18.36 Broom or Sweeper............$ 11.04 Concrete Pavement Finishing Machine...........$ 15.48 Crane, Hydraulic 80 tons or less.....................$ 18.36 Crane, Lattice Boom 80 tons or less................$ 15.87 Crane, Lattice Boom over 80 tons.....................$ 19.38 Crawler Tractor.............$ 15.67 Directional Drilling Locator.....................$ 11.67 Directional Drilling Operator....................$ 17.24 Excavator 50,000 lbs or Less........................$ 12.88 Excavator over 50,000 lbs...$ 17.71 Foundation Drill, Truck Mounted.....................$ 16.93 Front End Loader, 3 CY or Less........................$ 13.04 Front End Loader, Over 3 CY.$ 13.21 Loader/Backhoe..............$ 14.12 Mechanic....................$ 17.10 Milling Machine.............$ 14.18 Motor Grader, Fine Grade....$ 18.51 Motor Grader, Rough.........$ 14.63 Pavement Marking Machine....$ 19.17 Reclaimer/Pulverizer........$ 12.88 Roller, Asphalt.............$ 12.78 Roller, Other...............$ 10.50 Scraper.....................$ 12.27 Spreader Box................$ 14.04 Page 81 of 328 Trenching Machine, Heavy....$ 18.48 Servicer.........................$ 14.51 Steel Worker Reinforcing.................$ 14.00 Structural..................$ 19.29 TRAFFIC SIGNAL INSTALLER Traffic Signal/Light Pole Worker......................$ 16.00 TRUCK DRIVER Lowboy-Float................$ 15.66 Off Road Hauler.............$ 11.88 Single Axle.................$ 11.79 Single or Tandem Axle Dump Truck.......................$ 11.68 Tandem Axle Tractor w/Semi Trailer.....................$ 12.81 WELDER...........................$ 15.97 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Page 82 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 1.Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2.Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3.The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 1/2) times the base hourly rate. 4.The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. 5.Except for Heavy/Highway Construction, building construction wage rates shall be paid to all workers except those workers engaged in site work and construction beyond five feet of buildings. Page 83 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Page 84 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 PERFORMANCE BOND Bond No.__________________________ THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, ______________________________________________, as Principal, hereinafter called __________, as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of ____________________________________________________________________ and __________ /100 Dollars ($__________________) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for __________________________________________________________________________ _________________________________________________________________________________________, all of such Work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having fully considered its ond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty (30) days from the Station shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be One Hundred Eighty Nine Thousand Seven Hundred Forty 53 189,740.53 Remove, Furnish and Installation of Warehouse Lift at College Station Utility Warehouse Page 85 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the Work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to th This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. Page 86 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Bond No.__________________________ FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) (Name of Contractor) By: __________________________________ By: ___________________________________ Name: _________________________________ Name: _________________________________ Title: __________________________________ Title: __________________________________ Date: __________________________________ Date: __________________________________ FOR THE SURETY: ATTEST/WITNESS (SEAL) _______________________________________ (Full Name of Surety) By: __________________________________ _______________________________________ Name: _________________________________ _______________________________________ (Address of Surety for Notice) Title: __________________________________ Date: __________________________________ By: ___________________________________ Name: _________________________________ Title: __________________________________ Date: __________________________________ FOR THE CITY: REVIEWED: THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: ______________________________________ _______________________________________ City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. JAMAIL & SMITH CONSTRUCTION, LP Page 87 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 TEXAS STATUTORY PAYMENT BOND Bond No.__________________________ THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, ______________________________________________________, as Principal, hereinafter ___________________________________________, a corporation organized and existing under the laws of the State of ______________, licensed to business in the ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of ______________________________________________________________________________________ and __________/100 Dollars ($______________) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the _____ day of _____________________, 20_____, for ____________________________________________________ _________________________________________________________________________________________, referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the Work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Texas One Hundred Eighty Nine Thousand Seven Hundred Forty 53 183 February 10 20 Remove, Furnish and Installation of Warehouse Elevaor Lift at College Station Utilities Warehouse Page 88 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 Bond No.__________________________ FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) (Name of Contractor) By: __________________________________ By: ___________________________________ Name: _________________________________ Name: _________________________________ Title: __________________________________ Title: __________________________________ Date: __________________________________ Date: __________________________________ FOR THE SURETY: ATTEST/WITNESS (SEAL) _______________________________________ (Full Name of Surety) By: __________________________________ _______________________________________ Name: _________________________________ _______________________________________ (Address of Surety for Notice) Title: __________________________________ Date: __________________________________ By: ___________________________________ Name: _________________________________ Title: __________________________________ Date: __________________________________ FOR THE CITY: REVIEWED: THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: ______________________________________ _______________________________________ City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. JAMAIL & SMITH CONSTRUCTION, LP Page 89 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Page 90 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 EXHIBIT D PLANS AND SPECIFICATIONS Page 91 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 EXHIBIT E CONSTRUCTION SCHEDULE Page 92 of 328 Contract No.___________ Construction Agreement Over $50,000 Form 05-01-19 EXHIBIT F SCHEDULE OF VALUES Page 93 of 328 Page 94 of 328 Page 95 of 328 Page 96 of 328 Page 97 of 328 Page 98 of 328 February 10, 2020 Item No. 4.5. Meter Reading Services contract with Alexander’s Contract Services Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of the second and last renewal of the City’s annual Electric and Water Meter Reading Services contract with Alexander’s Contract Services, Inc. for a not-to-exceed contract amount of $560,000. Relationship to Strategic Goals: Financial Sustainability Good Governance Core Services & Infrastructure Recommendation(s): Staff recommends approval of the renewal of the General Service Contract with Alexander’s Contract Services, Inc. for a period of one year. Summary: In October 2015, a formal request for proposals process (RFP 16-005) was conducted to select a firm to provide electric and water meter reading services. A total of five responses were received and upon final evaluation and scoring of all proposals, Alexander’s Contract Services, Inc. was determined to be the highest ranked firm offering their services at the best value to the City. On February 25, 2016, City Council approved an initial three-year contract term for a total of $1,650,000.00 with the option to renew for two additional one-year terms. Alexander’s Contract Services, Inc. has performed satisfactorily for the past three years under the original contract rates, terms and conditions. This renewal includes a 1.8% increase to the per-read cost as permitted by Contract 16300021. Contractor rates may not increase by more than 2% annually during renewal periods. As a matter of additional information, Alexander’s Contract Services, Inc. also assists in completing connect and disconnect work orders during heavy move-in and move-out periods in July and August. Budget & Financial Summary: Funds for this expenditure are budgeted and available in the Utility Customer Service budget. Reviewed & Approved by Legal: No Attachments: 1.16300021R2 Alexanders Renewal Ltr Meter Reading svcs Page 99 of 328 -----02/10/20xxxxxxxxx Page 100 of 328 Page 101 of 328 Page 102 of 328 1/16/2020 Leavitt Coastal Valley Insurance Services, Inc License #0598871 550-D East Betteravia Road Santa Maria CA 93454 Carmen Trejo (805)925-8607 (805)928-7210 carmen-trejo@leavitt.com Alexander's Contract Services, Inc. Alexander's Meter Reading Solutions 8655 Morro Rd. Ste. C Atascadero CA 93422 20/21 TX A X X X 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A X X X X ACP3009605060 1/17/2020 1/17/2021 1,000,000 Uninsured/Underinsured Motorist BI 100,000 B X X 7818-67-80 3/10/2019 3/10/2020 11,000,000 11,000,000 City of College Station Attn: Risk Management PO Box 9960 1102 Texas Avenue College Station, TX 77842 Carmen Trejo/CATREJ The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) Depositors Insurance Company 42587 Federal Insurance Company 20281 City of College Station are included as Additional Insureds with primary and non-contributory wording as respects to General Liability and Auto Liability. Waiver of Subrogation applies to General Liability. All forms apply when required by written contract. X Y ACP3009605060 1/17/2020 1/17/2021 Page 103 of 328 Page 104 of 328 Page 105 of 328 Page 106 of 328 Page 107 of 328 Page 108 of 328 Page 109 of 328 Page 110 of 328 Page 111 of 328 Page 112 of 328 Page 113 of 328 Page 114 of 328 Page 115 of 328 Page 116 of 328 February 10, 2020 Item No. 4.6. T&D Modular Office Building in Electric Yard Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of a contract with Ramtech Building Systems for the purchase, delivery, and installation of a modular building for a not- to-exceed amount of $123,190. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends awarding contract 20300251 to Ramtech Building Systems for a not-to-exceed amount of $123,190. Summary: Capital funds were allocated in the FY20 Electric General Plant budget for a modular building to be placed within the current CSU Service Center yard to provide additional office space. This will address current office space needs, and will relocate existing employees that are currently being housed in the Operations Center building out of this secured area to improve the department’s NERC (North American Electric Reliability Corporation) security. The existing Service Center building is being analyzed for future expansion or replacement, but a determination has not yet been finalized, and the existing facility cannot currently meet the needs of the department. Ramtech Building Systems was selected through an RFQ process and is part of a purchasing cooperative, 556-18. Budget & Financial Summary: Funding for the project is budgeted in the FY20 Electric Utility General Plant fund. Reviewed & Approved by Legal: No Attachments: 1.General Service Contract Page 117 of 328 Page 118 of 328 Page 119 of 328 Page 120 of 328 Page 121 of 328 Page 122 of 328 Page 123 of 328 Page 124 of 328 Page 125 of 328 Page 126 of 328 Page 127 of 328 Page 128 of 328 Page 129 of 328 Page 130 of 328 Page 131 of 328 Page 132 of 328 Page 133 of 328 Page 134 of 328 Page 135 of 328 Page 136 of 328 Page 137 of 328 Page 138 of 328 Page 139 of 328 Page 140 of 328 February 10, 2020 Item No. 4.7. Pavement Striping and Markings Contract Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a contract for annual pavement striping and markings in an amount not to exceed $250,000. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of this contract with DIJ Construction in the amount of $250,000. Summary: This contract is for the maintenance of pavement striping and markings. City staff rely on the expertise and resources of specialty contractors to perform this work. Only one bid was submitted in response to bid number 20-013. Budget & Financial Summary: Funds for pavement striping and markings are budgeted and available in the traffic operations fund. Reviewed & Approved by Legal: No Attachments: 1.20300230 Construction-DIJ Construction Inc. Page 141 of 328 Page 142 of 328 Page 143 of 328 Page 144 of 328 Page 145 of 328 Page 146 of 328 Page 147 of 328 Page 148 of 328 Page 149 of 328 Page 150 of 328 Page 151 of 328 Page 152 of 328 Page 153 of 328 Page 154 of 328 Page 155 of 328 Page 156 of 328 Page 157 of 328 Page 158 of 328 Page 159 of 328 Page 160 of 328 Page 161 of 328 Page 162 of 328 Page 163 of 328 Page 164 of 328 Page 165 of 328 Page 166 of 328 Page 167 of 328 Page 168 of 328 Page 169 of 328 Page 170 of 328 Page 171 of 328 Page 172 of 328 Page 173 of 328 Page 174 of 328 Page 175 of 328 Page 176 of 328 Page 177 of 328 Page 178 of 328 Page 179 of 328 Page 180 of 328 Page 181 of 328 Page 182 of 328 Page 183 of 328 Page 184 of 328 Page 185 of 328 Page 186 of 328 Page 187 of 328 Page 188 of 328 Page 189 of 328 Page 190 of 328 Page 191 of 328 Page 192 of 328 Page 193 of 328 Page 194 of 328 Page 195 of 328 Page 196 of 328 INSR ADDLSUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE United Fire & Casualty Company Travelers Property Cas. Co. of America Texas Mutual Insurance Company 1/15/2020 USI Southwest Austin 7600-C N. Capital of TX Hwy #200 Austin, TX 78731 512 451-7555 Cindy Ellis 512 451-7555 512 467-0113 cindy.ellis@usi.com D.I.J. Construction, Inc. P.O. Box 1609 Bertram, TX 78605-1609 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) provide a Blanket Waiver of Subrogation in favor of the same when required by written contract. Coverage is Primary and Non-Contributory, when required by written contract. Umbrella is follow-form coverage. 30 days notice of cancellation applies, when required by written contract, with the exception of 10 days notice of cancellation due to nonpayment of premium, per policy form. 2 of 2 #S27705515/M26659175 Page 198 of 328 Page 199 of 328 Page 200 of 328 Page 201 of 328 Page 202 of 328 Page 203 of 328 Page 204 of 328 Page 205 of 328 Page 206 of 328 Page 207 of 328 Page 208 of 328 Page 209 of 328 POLICY NUMBER: 85322447 Page 210 of 328 Page 211 of 328 Page 212 of 328 Page 213 of 328 Page 214 of 328 Page 215 of 328 Page 216 of 328 Page 217 of 328 Page 218 of 328 Page 219 of 328 Page 220 of 328 Page 221 of 328 Page 222 of 328 Page 223 of 328 Page 224 of 328 POLICY NUMBER: 85322447 Page 225 of 328 POLICY NUMBER: 85322447 Page 226 of 328 Page 227 of 328 Page 228 of 328 Page 229 of 328 Page 230 of 328 Page 231 of 328 Page 232 of 328 Policy Number: 85322447 Page 233 of 328 POLICY NUMBER: 85322447 Page 234 of 328 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B Agent copy This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/1/19 at 12:01 a.m. standard time, forms a part of: Policy no. 0001186139 of Texas Mutual Insurance Company effective on 10/1/19 Issued to: D I J CONSTRUCTION INC This is not a bill NCCI Carrier Code: 29939 Authorized representative 9/24/19 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page Page 235 of 328 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 06 01 Agent copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/1/19 at 12:01 a.m. standard time, forms a part of: Policy no. 0001186139 of Texas Mutual Insurance Company effective on 10/1/19 Issued to: D I J CONSTRUCTION INC This is not a bill NCCI Carrier Code: 29939 Authorized representative 9/24/19 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 06 01 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to:PER LIST ON FILE Page 236 of 328 February 10, 2020 Item No. 4.8. Franchise agreement with Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action on the first reading of a franchise agreement with Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste, for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial and multifamily locations within the city limits of College Station. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the franchise agreement. Summary: The proposed agreement would allow Texas Commercial Waste to collect demolition and construction debris, recyclables and organic waste from commercial, industrial and multifamily locations within the City limits of College Station. Budget & Financial Summary: A franchise fee is included and detailed in the attached franchise agreement. Reviewed & Approved by Legal: No Attachments: 1.Franchise Agreement 20300247 Texas Commercial Waste_signed Page 237 of 328 Page 238 of 328 Page 239 of 328 Page 240 of 328 Page 241 of 328 Page 242 of 328 Page 243 of 328 Page 244 of 328 Page 245 of 328 Page 246 of 328 Page 247 of 328 Page 248 of 328 Page 249 of 328 Page 250 of 328 Page 251 of 328 Page 252 of 328 Page 253 of 328 Page 254 of 328 February 10, 2020 Item No. 4.9. Franchise agreement with Maroon Dumpsters, LLC. Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the first reading of a franchise agreement with Maroon Dumpsters, LLC, for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial and multifamily locations within the city limits of College Station. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the franchise agreement. Summary: The proposed agreement would allow Maroon Dumpsters, LLC to collect demolition and construction debris, recyclables, and organic waste from commercial, industrial and multifamily locations within the City limits of College Station. Budget & Financial Summary: A franchise fee is included and detailed in the attached franchise agreement. Reviewed & Approved by Legal: No Attachments: 1.Franchise Agreement 20300290 - Maroon Dumpsters LLC _Signed Page 255 of 328 Page 256 of 328 Page 257 of 328 Page 258 of 328 Page 259 of 328 Page 260 of 328 Page 261 of 328 Page 262 of 328 Page 263 of 328 Page 264 of 328 Page 265 of 328 Page 266 of 328 Page 267 of 328 Page 268 of 328 Page 269 of 328 Page 270 of 328 Page 271 of 328 Page 272 of 328 Page 273 of 328 February 10, 2020 Item No. 4.10. Interlocal Cooperation Agreement and a Resolution for City of College Station Support and Consent to City of Bryan Municipal Setting Designation Application. Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an Interlocal Cooperation Agreement and a Resolution for City of College Station Support and Consent to City of Bryan Municipal Setting Designation Application. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Sustainable City Recommendation(s): Approve the Interlocal Cooperation Agreement (“ILA”) and the Resolution. Summary: The City of Bryan is pursuing a Municipal Setting Designation (“MSD”) on approximately 1,300 acres of land that contains contaminated groundwater inside the Bryan city limits from the Texas Commission on Environmental Quality (TCEQ). An MSD is defined by TCEQ as an official state designation given to property within a municipality or its extraterritorial jurisdiction that certifies that designated groundwater at the property is not to be used as potable water, and is prohibited from future use as potable water because that groundwater is contaminated in excess of the applicable potable-water protective concentration level. The prohibition associated with the City of Bryan’s MSD must be in the form of a City of Bryan ordinance, or a restrictive covenant that is enforceable by the City of Bryan and filed in the property records. As part of the application to TCEQ for a MSD, the applicant (City of Bryan) is required to provide documentation that, among other things, the application is supported by the City Council of each city with a boundary located not more than one-half mile from the Site and/or each municipality that owns or operates a groundwater supply well located not more than five miles from the Site. The City of College Station has a city limits boundary within one-half mile from the Site and operates a groundwater supply well within five miles of the Site. Additionally, with the creation of the proposed MSD and the associated ordinance which the City of Bryan will pass, future use of groundwater from within the designated site as potable water or for irrigation purposes will be prohibited. This item is for consideration and approval of an Interlocal Cooperation Agreement (ILA) and Resolution for the City of College Station City Council to support the City of Bryan’s application request to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site described in the attached documents. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.MSD ILA COCS-COB_v2_2_5_2020 Page 274 of 328 2.MSD Support Resolution by CS & Ex. A_2-5-2020 Page 275 of 328 1 INTERLOCAL COOPERATION AGREEMENT FOR CITY OF COLLEGE STATION SUPPORT AND CONSENT TO CITY OF BRYAN MUNICIPAL SETTING DESIGNATION APPLICATION THIS INTERLOCAL AGREEMENT (“Agreement”) is hereby made by and between the CITY OF BRYAN, TEXAS, a home rule municipal corporation (“Bryan”), and the CITY OF COLLEGE STATION, Texas, a home rule municipal corporation (“College Station”) each acting by and through its duly authorized city council and agents. The Cities of Bryan and College Station are collectively referred to herein as the “Cities,” or the “Parties,” and each is individually referred to as a “City,” or a “Party”. WHEREAS, the Parties are both political subdivisions of the State of Texas and are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of certain governmental functions or services; and WHEREAS, each Party is authorized to individually perform certain governmental functions and services related to public health and welfare and other governmental functions in which the contracting Parties are mutually interested; and WHEREAS, the Parties acknowledge and agree that each Party paying for the performance of governmental functions or services pursuant to this Agreement will make those payments only from current revenues, lawfully available ; and WHEREAS, through the Executive Director of the Texas Commission on Environmental Quality (“TCEQ”), Bryan is pursuing a Municipal Settings Designation (“MSD”) on approximately 1,300 acres of land that contains contaminated groundwater inside the city limits of the City of Bryan; and WHEREAS, Texas Health and Safety Code Section §361.805 requires Bryan to provide notice of the MSD application to certain municipalities; and WHEREAS, Texas Health and Safety Code Section §361.8065 requires that Bryan’s MSD application be supported by a resolution adopted by each municipality with a population of less than two million and a boundary located not more than one-half mile from the property for which the MSD designation is sought and/or a municipality or retail public utility that owns or operates a groundwater supply well located not more than five miles from the property for which the MSD designation is sought; and WHEREAS, College Station has a population of less than two million and part of College Station’s city limits is within one-half mile from the proposed boundary contained in Bryan’s MSD application and it owns or operates a groundwater supply well located no more than five miles from the property for which the MSD designation is sought; and WHEREAS, Bryan has requested that College Station pass a resolution in support of Bryan’s MSD application in order for Bryan to obtain TCEQ certification of the MSD application; and Page 276 of 328 2 WHEREAS, the Parties intend and agree that College Station’s support and consent to Bryan’s MSD application are lawful and serve as valid consideration by College Station for all purposes; and WHEREAS, the Parties intend and agree that College Station’s support and consent to Bryan’s MSD application shall be treated and credited as full in-kind payment and such payment is commensurate to the full amount that fairly compensates Bryan for performing the current and future governmental functions, services, and actions under this Agreement; and WHEREAS, throughout the life of the MSD, in the event Bryan obtains any official or formal reports regarding contaminants of concern, resulting from the monitoring of groundwater monitoring wells for the property for which the MSD designation is sought, Bryan will forward a copy of any such reports to College Station within 15 days of receipt; and WHEREAS, subject to receiving all required municipal and/or retail public utility support and consents, Bryan agrees to apply for an expansion of the MSD boundary, at Bryan’s sole cost and expense, if any contaminant of concern identified in the maps included in Bryan’s MSD application to TCEQ migrates outside of the existing MSD boundary; and WHEREAS, the Parties intend and agree that support and consent by College Station of Bryan’s MSD application shall not be construed to subject College Station to any responsibility or liability for any injury to persons or damage to property caused by any contaminant of concern or any other cause of action arising from the municipal setting designation implemented by Bryan. WHEREAS, College Station’s support and consent to Bryan’s MSD application to TCEQ is provided with the following comment: (1) The Texas Commission on Environmental Quality, as the state agency chartered to protect human health and the environment, is requested to thoroughly review the conditions of the designated property and issue a certificate of completion only when all contaminants of concern, through the applicable routes of exposure, have been addressed; and WHEREAS, the Parties agree that any person owning, operating, or controlling the designated property remains responsible for complying with all applicable federal and state laws and regulations; all ordinances, rules, and regulations of the City of Bryan and City of College Station, as applicable; and all environmental regulations, and that this consent to the municipal setting designation in itself does not change or waive any environmental assessment or cleanup requirements applicable to the designated property; and WHEREAS, Bryan, and College Station, pursuant to the terms, conditions, representations and assurances from Bryan, have determined that it will be in the best interests of both Cities to enter into this Agreement; NOW, THEREFORE, the Cities herein enter into this Agreement as follows: Page 277 of 328 3 1. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 2. Groundwater Monitoring Wells. Throughout the life of the MSD, in the event Bryan obtains any official or formal reports regarding contaminants of concern resulting from the monitoring of groundwater well for the property for which the MSD designation is sought, Bryan will forward a copy of such reports to College Station within 15 days of receipt. 3. Future Migration. Subject to receiving all required municipal and/or retail public utility support and consents, Bryan agrees to apply for an expansion of the MSD boundary at Bryan’s sole cost and expense, if any contaminant of concern identified in the maps included in Bryan’s MSD application to TCEQ migrates outside of the existing MSD boundary. 4. Resolution in Support of MSD. In consideration of Bryan’s obligations and responsibilities related to this Agreement and Bryan’s MSD application, the College Station City Council agrees to timely pass a resolution in support of Bryan’s MSD application in sufficient form and content to satisfy the condition of Texas Health and Safety Code §361.8065(a)(1) for Bryan to obtain TCEQ certification of the MSD application. 5. No Responsibility or Liability. The Parties intend and agree that support and consent by College Station of Bryan’s MSD application shall not be construed to subject College Station to any responsibility or liability for any injury to persons or damage to property caused by any contaminant of concern or any other cause of action arising from the municipal setting designation implemented by Bryan. Bryan agrees to promptly intervene in any lawsuit filed against College Station arising from Bryan’s MSD. Bryan also agrees to pay all of College Station’s legal fees and any damages, fines, and costs that may be awarded, assessed, or incurred from such action. 6. Governmental Immunity and Hold Harmless. As inducement for College Station’s support and consent to Bryan’s MSD application, and solely with respect to Bryan’s obligations to College Station under this Agreement, Bryan agrees to: (a) expressly waive its governmental immunity and any limitations as to damages contained in the Texas Tort Claims Act, and (b) to the extent permitted by law, hold College Station harmless from and against any and all claims or causes of action arising out of or in connection with Bryan’s MSD, College Station’s support and consent of Bryan’s MSD, and any future migration outside of the current MSD boundary of any contaminants of concern identified in the maps included in Bryan’s MSD application to TCEQ. 7. No Third Party Beneficiaries. This Agreement is not intended to create and does not create any rights in or benefits to any third party. Bryan and College Station will act independently in carrying out their respective obligations under this Agreement, and neither Bryan nor College Station confers any rights or assumes any responsibility to a third party in connection with this Agreement. 8. Not a Debt. The Parties intend and agree that the respective obligations of the Parties contained in this Agreement shall not constitute a debt for purposes of any provision of the Texas Constitution. The Parties acknowledge and agree that any payment for the performance of services or other obligations of a Party under this Agreement shall be made solely from current revenues, lawfully available. Page 278 of 328 4 9. Notice. Written notice shall be deemed to have been duly served if delivered in person to the individual listed below or if it is delivered or sent by certified mail to the business address as listed below. Each City has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other City in writing. BRYAN: Hand Delivery & Mail: City of Bryan Attn: City Manager 300 South Texas Avenue Bryan, Texas 77801 COLLEGE STATION: Hand Delivery: City of College Station Mail: City of College Station Attn: City Manager Attn: City Manager 1101 Texas Avenue P.O. Box 9960 College Station, Texas 77840 College Station, Texas 77842 10. Counterparts. 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. 11 . Jurisdiction and Venue. This Agreement has been made under and shall be governed by the laws of the State of Texas. The Cities agree that performance and all matters related thereto shall be in Brazos County, Texas. 12. Entire Agreement. It is understood that this Agreement contains the entire agreement between the Cities and supersedes any and all prior agreements, arrangements, or understandings between the Cities relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the Cities, either before or after the execution of this Agreement, shall affect or modify any terms or obligations hereunder. 13. Effective Date. This Agreement becomes effective upon full execution by both Parties and remains in effect as long as the MSD, as amended, remains active and in place, or is superseded by Texas or federal law, or other lawful authority. 14. Authority. Each City has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each City 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 Cities. Page 279 of 328 5 15. No 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. 16. No Assignment. This Agreement and all rights and obligations contained herein may not be assigned without the prior written approval of the other Party. 17. Invalid or Unenforceable Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 18. Duplicate Originals. The Parties may execute this Agreement in duplicate originals, each of equal dignity. If the Parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. EXECUTED this _________ day of _________________________, 2020. CITY OF COLLEGE STATION, TEXAS By: ____________________________ Karl Mooney, Mayor APPROVED: ATTEST: By: ____________________________ By: ____________________________ City Attorney Tanya Smith, City Secretary Page 280 of 328 6 EXECUTED this _________ day of _________________________, 2020. CITY OF BRYAN, TEXAS By: ____________________________ Andrew Nelson, Mayor APPROVED AS TO FORM ATTEST: By: ____________________________ By: ____________________________ Janis Hampton, City Attorney Mary Lynne Stratta, City Secretary Page 281 of 328 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SUPPORTING THE CITY OF BRYAN MUNICIPAL SETTING DESIGNATION (“MSD”) APPLICATION, WHICH WILL BE FILED BY THE CITY OF BRYAN WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (“TCEQ”). WHEREAS, Chapter 361, Subchapter W, of the “Texas Solid Waste Disposal Act,” authorizes the Texas Commission on Environmental Quality (“TCEQ”) to certify Municipal Setting Designations for properties upon receipt and approval of a properly submitted application to TCEQ; and WHEREAS, City of Bryan, Texas (“Applicant”) will file an application for approval of a Municipal Setting Designation (“MSD”) for property located wholly within the limits of the City of Bryan, Texas and more specifically shown on Exhibit “A” hereto (the “Site”); and WHEREAS, as part of the application to TCEQ for a MSD, the applicant is required to provide documentation that, among other things, the application is supported by the City Council of each city with a boundary located not more than one-half mile from the Site and/or each municipality that owns or operates a groundwater supply well located not more than five miles from the Site; and WHEREAS, the City of College Station has a boundary within one-half mile from the Site and operates a groundwater supply well within five miles of the Site; and WHEREAS, with the creation of the proposed MSD and the associated ordinance which the City of Bryan will pass, future use of groundwater from within the designated area as potable water or for irrigation purposes will be prohibited; and WHEREAS, the certification of a MSD for the Site is in the best interest of the community; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1. That the findings and recitation set out in the preamble of this Resolution are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes. PART 2. That the City of College Station City Council supports Applicant’s request to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site described on Exhibit “A.” PART 3. That this Resolution shall take effect immediately from and after its passage. Page 282 of 328 ADOPTED this _______ day of ________________________, 2020. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: ______________________________ City Attorney List of Exhibits: Exhibit “A” – MSD Property Description and MSD Boundary Page 283 of 328 Exhibit “A” MSD Property Description and MSD Boundary Page 284 of 328 Exhibit "A"Page 285 of 328 Page 286 of 328 Page 287 of 328 Page 288 of 328 Page 289 of 328 BRIARCREST DRSANDY POINT RD N H A R V E Y M I T C H E L L P W E WJB P W WELLBO R N R D FINF E A T H E R R D N T E X A S A V LEONARD RDW WJB P W S COL L E G E A VE MLK STE WJB PW W MLK ST N MA IN S T BRIARCREST DRE 29TH S T SANJACINTO LNS M A I N S T S TEXAS AV W SH 21BROADMOOR DR E V I L L A M A R I A R D W VILLA MARIA RDGROESBECK STNASH STE V ILLA MAR IA RD Proposed MSD BoundaryIPage 290 of 328 February 10, 2020 Item No. 5.1. Public Hearing and Consideration of Budget Amendment #1 Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action on Budget Amendment #1 amending Ordinance No. 4128 which will amend the budget for the 2019-2020 Fiscal Year in the amount of $6,244,467. Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends the City Council approve Budget Amendment #1. Summary: The proposed budget amendment is to increase the FY20 budget appropriations by $6,244,467. The charter of the City of College Station provides for the City Council to amend the annual budget in the event there are revenues available to cover increased expenditures and after holding a public hearing on such budget amendment. Attached is a summary with a description of the items included on the proposed budget amendment. Budget & Financial Summary: The City has resources or can reasonably expect resources to cover the appropriations in this budget amendment. The attached summary has the complete description of the items included on the proposed budget amendment. If approved, the net revised budget appropriations will be $347,408,119. Reviewed & Approved by Legal: No Attachments: 1.FY20 BA#1 2.FY20 Budget Amendment #1 Ordinance Page 291 of 328 Exhibit A – FY20 Budget Amendment #1 Detail Listing 1. Encumbrance Roll - $3,721,638 (Budget Amendment) A number of expenditures were not completed in FY19 due to timing issues. These goods and services were budgeted in FY19, but will not be received until FY20. The encumbrance roll increases the FY2020 budget appropriation in each applicable fund for the eligible items. The encumbrance roll also includes $1,791,468 from the Equipment Replacement Fund for vehicles that were ordered in FY19, but not yet delivered. Also included is $485,882 for IT related projects and equipment, $280,000 for Economic Development commitments and $593,666 for facilities repairs awaiting invoicing from the vendor. 2. PARD CIP – Aggie Field of Honor Fence & Shop Building- $2,125,000 (Budget Amendment) Two new debt funded projects for the Memorial Cemetery were presented on page 190 of the Proposed FY20 Budget Book; a perimeter fence around the Aggie Field of Honor budgeted at $400,000, and design and construction of a shop building within the Cemetery budgeted at $1,725,000. However, the budget for these projects was inadvertently left out of the Total Approved Net budget when the budget was approved in September 2019 because the Cemetery is a Special Revenue fund and those type of funds typically do not have projects. The Cemetery Fund has sufficient resources to service the anticipated project debt associated with these projects. 3. Fire Department Assistance to Firefighters Grant – ($315,597) (Budget Amendment - Revenue) In August of 2019, the CSFD was awarded a FEMA grant totaling $315,597 (90% -- or $286,906 - - of this will be funded by the federal government while 10% -- or $28,691 – will be funded by the City.) The grant monies are awarded for the purpose of supporting the Blue Card Hazard Zone Incident Command Training and Certification Program (Blue Card) and to purchase source- capturing diesel exhaust removal systems for three fire stations. 4. Fun for All Phase II - $649,058 (Budget Amendment) The construction contract for Phase II of the Fun for All Playground was approved by Council on 9/27/2019. Funding sources for this project will include contributions to be recorded in the Fun for All Fund as well as Parkland Dedication Funds. This amendment will increase the appropriations in the Fun for All Fund (Fund 4140) by $500,000 to cover revised amount of contributions expected. This Amendment will also increase appropriations for Parkland Dedication Zone C&D (Fund 4165) by $119,608 and the Parkland Dedication Zone 3 (Fund 4173) appropriations by $29,450 to be used on the Fun for All Project Phase II. 5. Sidewalk Zone 13 CIP – ST1703 Greens Prairie Road (West of Woodlake to Royder) - $31,000 (Budget Amendment) Additional funds are available to be spent out of Sidewalk Zone 13 for the Greens Prairie Road (ST1703) project. As Sidewalk Zone funds become available for projects, budget appropriations are requested. The requested $31,000 appropriation is in addition to the existing appropriation of $5,790 and will reduce the amount spent for the project from the Streets Capital Improvement Projects Fund. The project is currently under construction, which is expected to continue through FY20. 6. Brazos Central Appraisal District $33,368; General Fund (Budget Amendment) Original budget for the City’s payment to the Appraisal District was based on the estimated rates and levies. The 2020 adjusted levy statement dated 11/14/19 from Brazos Central Appraisal District increased the City’s payment from $461,447 to $494,815. Page 292 of 328 ORDINANCE NO. _________ AN ORDINANCE (BUDGET AMENDMENT #1) AMENDING ORDINANCE NO. 2019-4128 WHICH WILL AMEND THE BUDGET FOR THE 2019-2020 FISCAL YEAR AND AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED. WHEREAS, on September 26, 2019, the City Council of the City of College Station, Texas, adopted Ordinance No. 2019-4128 approving its Budget for the 2019-2020 Fiscal Year; and WHEREAS, on February 10, 2020, the City Council of the City of College Station, Texas, adopted Budget Amendment #1 amending the 2019-2020 Budget; and WHEREAS, this amendment was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the College Station City Charter, after notice of said hearing having been first duly given; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Ordinance No. 2019-4128 is hereby amended by amending the 2019-2020 Budget adopted thereto by a net amount of $6,244,467 as further detailed in Exhibit A attached hereto and incorporated herein for all purposes. PART 2: That this Budget Amendment #1 shall be attached to and made a part of the 2019-2020 Budget. PART 3:That except as amended hereby, Ordinance No, 2019-4128 shall remain in effect in accordance with its terms. PART 4:That this ordinance shall become effective immediately after passage and approval. PASSED and APPROVED this _________ day of __________________________2020. ATTEST: APPROVED: ____________________________________________________________ City Secretary Mayor APPROVED: _________________________ City Attorney Page 293 of 328 February 10, 2020 Item No. 5.2. Ordinance vacating and abandoning a 0.059 acre portion of Right-of-Way of Yellow Tanager Court, lying west of the intersection of Yellow tanager Court and Cinnamon Teal Drive of the Bird Pond Phase 2 Subdivision Sponsor:Anthony Armstrong Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 0.059 acre portion of Right-of-Way of Yellow Tanager Court, lying west of the intersection of Yellow tanager Court and Cinnamon Teal Drive of the Bird Pond Phase 2 Subdivision, according to the plat recorded in Volume 8698, Page 17, of the Deed Records of Brazos County, Texas. Relationship to Strategic Goals: • Core Services and Infrastructure • Diverse Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: The right-of-way abandonment will accommodate future development of the adjacent JP&M Investments property, also known as Waterford Estates. There is existing pavement in the right-of-way as described above that must be removed first in order to codify the abandonment. A final plat of the adjacent property to incorporate the abandoned ROW is currently being processed. The 0.059 acre right-of-way is located west of the intersection of Yellow tanager Court and Cinnamon Teal Drive of the Bird Pond Phase 2 Subdivision. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Vicinity Map 3.Location Map 4.Application Page 294 of 328 ORDINANCE NO. _________________ AN ORDINANCE ABANDONING APPROXIMATELY 2584 SQUARE FEET OF AN APPROXIMATELY 70-FOOT WIDTH RIGHT OF WAY OF YELLOW TANAGER COURT, SAID PORTION LYING WEST OF THE INTERSECTION OF YELLOW TANAGER COURT AND CINNAMON TEAL DRIVE OF THE BIRD POND ESTATES PHASE 2 SUBDIVISION; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of approximately 2584 square feet of an approximately 70–foot width right-of-way of Yellow Tanager Court, said portion lying west of the intersection of Yellow Tanager Court and Cinnamon Teal Drive of the Bird Pond Estates Phase 2 Subdivision, located in Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Right-of-Way”); and WHEREAS, in order for Right-of-Way to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Right-of-Way described in Exhibit "A" attached hereto and made a part of this Ordinance for all purposes: 1. Abandonment of the Right-of-Way will not result in property that does not have access to public roadways or utilities. 2. There is no public need or use for the Right-of-Way; 3. There is no anticipated future public need or use for the Right-of- Way; and 4. Abandonment of the Right-of-Way will not impact access for all public utilities to serve current and future customers; PART 2: That the Right-of-Way as described in Exhibit “A” be abandoned and vacated by the City only upon completion of the following conditions: 1. The City shall retain the Right-of-Way until such time that the Applicant has removed the existing pavement from the Right-of- Way in a form acceptable to the City. Page 295 of 328 ORDINANCE NO. ____Page 2 of 4 PASSED, ADOPTED and APPROVED this 10th day of February, 2020 ATTEST:APPROVED: _________________________________________________________ TANYA SMITH, City Secretary KARL MOONEY, Mayor APPROVED: ____________________________ City Attorney Page 296 of 328 Page 299 of 328 Page 300 of 328 Page 301 of 328 Page 302 of 328 Page 303 of 328 Page 304 of 328 Page 305 of 328 Page 306 of 328 Page 307 of 328 Page 308 of 328 Page 309 of 328 Page 310 of 328 Application for Abandonment of a Public Right-of-Way / Easement Location: Yellow Tanager Court Cinnamon Teal Drive EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 311 of 328 Page 312 of 328 February 10, 2020 Item No. 5.3. Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 15-foot wide portion of a Public Utility Easement lying within James Erwin Survey, Abstract No. 119, being a portion of the remainder of a called 270.800 acre tract as described by a deed to BCS Mission Ranch, L.P. recorded in volume 13842, page 179 of the Official Public Records of Brazos County, Texas. Sponsor:Alma Guerra Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 15-foot wide portion of a Public Utility Easement lying within James Erwin Survey, Abstract No. 119, being a portion of the remainder of a called 270.800 acre tract as described by a deed to BCS Mission Ranch, L.P. recorded in volume 13842, page 179 of the Official Public Records of Brazos County, Texas. Relationship to Strategic Goals: • Core Services and Infrastructure • Diverse Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: The 15-foot wide public utility easement abandonment will accommodate future development of the aforementioned lot. There are currently no existing utilities in the easement. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 313 of 328 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.254 ACRE, 15-FOOT WIDE PORTION OF A PUBLIC UTILITY EASEMENT, SAID PORTION LYING WITHIN THE JAMES ERWIN SURVEY, ABSTRACT NO. 119, BEING A PORTION OF THE REMAINDER OF A CALLED 270.800 ACRE TRACT AS DESCRIBED BY A DEED TO BCS MISSION RANCH, L.P. RECORDED IN VOLUME 13842, PAGE 179 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 15-foot wide portion of a Public Utility Easement, said portion lying within the James Erwin Survey, Abstract No. 119, being a portion of the remainder of a called 270.800 acre tract as described by a deed to BCS Mission Ranch, L.P. recorded in volume 13842, page 179 of the Official Public Records of Brazos County, as described in Exhibit “A”, attached hereto (such portion hereinafter referred to as the “Easement”); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1.Abandonment of the Public Utility Easement will not result in property that does not have access to public roadways or utilities. 2.There is no public need or use for the Public Utility Easement. 3.There is no anticipated future public need or use for the Public Utility Easement. 4.Abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. PART 2:That the Public Utility Easement as described in Exhibit “A” be abandoned and vacated by the City. Page 314 of 328 ORDINANCE NO. ____________Page 2 of 2 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 315 of 328 Page 316 of 328 EXHIBIT AexhibiterrrrrrrrrrrrrrrrrrrrrrrrrrPage 317 of 328 Page 320 of 328 Page 321 of 328 Page 322 of 328 February 10, 2020 Item No. 5.4. Automated Metering Infrastructure (AMI) and Meter & Operational Data Management (MODM) Systems Contract Approval Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action approving agreements with Landis+Gyr Technology, Inc., in the amount, not to exceed $6,808,946.42, and IPKeys Power Partners, Inc., in the amount not to exceed $517,000, to support the Electric Department’s Automated Metering Infrastructure (AMI) and Meter & Operational Data Management (MODM) System Implementation. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends that City Council approve both Agreements and authorize the City Manager or the City Manager’s designee to execute any additional and necessary project- related documents. Summary: Per Council’s direction, a feasibility study was conducted by consultant Tom Asp, Principal Engineer and Analyst at Power System Engineering, Inc., to investigate the costs, benefits and challenges of using Automated Metering Infrastructure (AMI) technology for the City’s Water and Electric Departments. In April 2018, Council received a presentation with the results of the feasibility study and directed the Electric Department staff to proceed with a Request for Proposal (RFP) for an AMI System and MODM System vendor. RFP 19-002 was released in August 2018 and nine proposals were received. After extensive evaluation of each of the vendors by Mr. Asp and a large cross-section of City stakeholders, Landis+Gyr was ultimately selected for the AMI communication network and backhaul, advanced meters, and meter installation. City Council's approval of the Landis+Gyr agreement is made contingent upon the City receiving, within thirty (30) calendar days from this City Council meeting, fully executed bonds that are compliant with the requirements set forth in the agreement. Power Partners (a.k.a. ElectSolve) was selected for the MODM System. Both the AMI and MODM software systems are proposed to be hosted by the vendors. Budget & Financial Summary: One-time costs for AMI/MODM System implementation are not to exceed $7,325,946.42, and are broken down as follows: Page 323 of 328 IMPLEMENTATION / ONE-TIME COSTS* LANDIS+GYR Communication Network Devices and Meters $5,114,612.30 Implementation Services, Year 1 License Fees, Training $465,380.58 Meter Installation $904,718.00 Contingency (5%)$324,235.54 Sub-total $6,808,946.42 IPKEYS POWER PARTNERS / ELECTSOLVE Implementation Services, Year 1 License Fees, Training $397,000 Test Environment $120,000 Sub-total $517,000.00 GRAND TOTAL AMI & MDM IMPLEMENTATION $7,325,946.42 *Final costs will fluctuate based on the number of meters at the time of deployment. Annual license and support fees begin in year two, totaling $173,686.32, and are broken down as follows: ANNUAL LICENSE AND SUPPORT FEES* Landis+Gyr $97,186.32 IPKeys Power Partners $76,500.00 GRAND TOTAL AMI & MDM RECURRING FEES $173,686.32 *Final costs will fluctuate based on the number of meters. Unit pricing is fixed as quoted for a period of three years. Beginning in year four, unit prices are subject to increase, and are capped by the percentage of the associated year’s Consumer Price Index (CPI). Reviewed & Approved by Legal: No Attachments: 1.Agreements are on file with the City Secretary Page 324 of 328 The Agreements are on file with the City Secretary’s Office. Page 325 of 328 February 10, 2020 Item No. 5.5. Data Backup and Recovery Solution Sponsor:Sindhu Menon, Director of Information Technologies Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a five year technical services agreement with Freeit Data Solutions not to exceed $517,118.90 to provide data backup and recovery. Relationship to Strategic Goals: Core Services & Infrastructure Recommendation(s): Staff recommends approval of the contract with Freeit Data Solutions in the amount of $517,118.90 to provide a data backup and recovery solution for 5 years. Summary: Currently the City of College Station IT Department uses Dell EMC and Commvault equipment for electronic data protection and backup. In some cases, the city still uses tape cartridges for backing up the older equipment. Data backups are located locally and in close proximity. The IT department is preparing for the next cyber event by replacing internet firewalls, desktop anti- virus software and email protection systems. In order to combat the increasing sophistication of attackers that seek to steal or encrypt data, the city needs to improve the data protection solution currently in place. The city also needs to improve the current data recovery solution and prepare for natural or man-made disasters. Freeit Data Protection recommends the Rubrik device that will provide a single platform for both data protection and disaster recovery. The Rubrik device will backup all our servers(including the older technology systems) and protect the data from attackers by using a combination of encryption and cloud storage services. Rubrik adds another layer of protection with the ability to detect and prevent ransomware attacks on data backups. Gartner has identified Rubrik as a leader in Data Resiliency Solutions market. With the Rubrik device, we would be able to retire the current Dell EMC and Commvault backup and recovery systems. Budget & Financial Summary: Pricing is based on the Texas Department of Information Resources Contract #Dir-TSO-3944.Funding for equipment and installation is through project CO2002- COMPHDW for $85,860.90. Funding for the 5 year (paid annually) subscription is available in the IT operating budget account #10011250-5201. The total contract value which includes a 5 year agreement is $517,118.90 Reviewed & Approved by Legal: No Attachments: None Page 326 of 328 February 10, 2020 Item No. 5.6. Council Representative Appointments Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the appointment of Councilmembers to boards and commissions. Relationship to Strategic Goals: Good Governance Recommendation(s): None Summary: This item is to consider filling the vacant seats with another Councilmember to particular boards held by former Councilmember Elianor Vessali. Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.Vacancies in 2020-2021 Council Appointed Reps Page 327 of 328 2020-2021 Council Appointed Representatives These are the vacant seats held by former Councilmember Elianor Vessali. Spring Creek Local Government Corporation Serve Karl Mooney Appointed 1/19-1/21 Vacant Open until after the Jan. 28, 2020 Sp. Election John Nichols Appointed 12/19-9/21 Thomas Jackson (Citizen)Appointed 01/20-1/22 Jane Kee (Citizen Member) Appointed 2/17; 01/20-1/22 INTERNAL COMMITTEES Architectural Advisory Committee Bob Brick Appointed 01/19 Vacant Open until after the Jan. 28, 2020 Sp. Election Linda Harvell Appointed 01/19 Ray Holliday (Citizen)Appointed 01/20 Ward Wells (Citizen)Appointed 01/19 Compensation and Benefits Vacant Open until after the Jan. 28, 2020 Sp. Election Bob Brick Appointed 12/17 Karl Mooney Appointed 01/15 Page 328 of 328