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01/28/2021 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular Internet: https://zoom.us/s/96239561490 Phone: 888 475 4499 And Webinar ID: 962 3956 1490 January 28, 2021 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1 *The City uses a third­party vendor to help host the meeting and if the call­in number is not  functioning access will be through the internet link only.       1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request.     Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Regular Agenda shall register with the City Secretary prior to 2 p.m. on the day of the meeting.  Individuals must register to speak or provide written comments at  https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling  979­764­3500. Upon being called to speak an individual must state their name and city of residence,  including the state of residence if the city is located out of state. Speakers are encouraged to identify  their College Station neighborhood or geographic location. Each speaker’s remarks are limited to  three (3) minutes. Any speaker addressing the Council through the use of a translator may speak for  six (6) minutes. At the (3) minute mark the City Secretary will announce that the speaker must  conclude their remarks.     2.Presentation     Proclamation honoring Bobby Maggard for his dedicated volunteer service as part of the Citizens  Fire Academy Alumni Association REHAB Team.     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.     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.  Page 1 of 62 City Council Regular Page 2 January 28, 2021 4.1.Presentation, discussion, and possible action of minutes for: • January 14, 2021 Workshop Meeting • January 14, 2021 Regular Meeting Sponsors:Tanya Smith Attachments:1.WKSHP011421 DRAFT Minutes 2.RM011421 DRAFT Minutes 4.2.Presentation,  discussion,  and  possible  action  regarding  a  change  order  to  the  Network  Hardware and Installation project service agreement with Avinext in the amount of $56,892.96. Sponsors:Sindhu Menon Attachments:1.20300705 Avinext CO1 (01­28­21) 4.3.Presentation, discussion, and possible action regarding a professional services contract with  Jones and Carter in the amount of $458,400 for the design of the Victoria Ave Rehabilitation  project. Sponsors:Emily Fisher Attachments:1.Project Map1 2.CRC­ Prof Serv AE with Construction­ Jones & Carter combined 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.Presentation,  discussion,  and  possible  action  regarding  the  City  of  College  Station's  retail  recruitment strategy. Sponsors:Aubrey Nettles Attachments:None 5.2.Presentation, discussion, and possible action on a resolution to name the basketball court in  Castlegate Park to the Alex Caruso Basketball Court. Sponsors:Colin Killian Attachments:1.Resolution 5.3.Presentation, discussion, and possible action regarding an update on the COVID­19 pandemic  and vaccine distribution. Sponsors:Brian Piscacek Attachments:None 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 2 of 62 City Council Regular Page 3 January 28, 2021 7.Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website and at College Station City Hall,  1101 Texas Avenue, College Station, Texas, on January 22, 2021 at 5:00 p.m. This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   meeting   so   that   appropriate   arrangements   can   be   made.   If   the   City   does  not   receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.”  City Secretary Page 3 of 62 January 28, 2021 Item No. 4.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • January 14, 2021 Workshop Meeting • January 14, 2021 Regular Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP011421 DRAFT Minutes 2.RM011421 DRAFT Minutes Page 4 of 62 WKSHP011421 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION JANUARY 14, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick – arrived late John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney via Teleconference at 4:10 p.m. on Thursday, January 14, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel the College Station City Council convened into Executive Session at 4:10 p.m. on January 14, 2021, in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas B.Consultation with attorney to receive legal advice; to wit: Page 5 of 62 WKSHP011421 Minutes Page 2 Legal review of the requirements of Sec. 39.02 of the Texas Penal Code. Legal advice regarding the Texas Open Meetings Act requirements related to the future agenda item posting in College Station’s council agendas. Legal advice regarding ranked choice elections. Legal advice regarding changing College Station elections from even-numbered to odd- numbered years. Legal advice regarding possible changes to College Station’s conflict of interest requirements. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Construction Board of Adjustments Planning and Zoning Commission Zoning Board of Adjustments City Secretary City Manager Council Self-Evaluation (Mayor Pro Tempore) Executive Session recessed at 6:34 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. Item 4.3, 4.7, 4.10, 4.17, and 4.18 was pulled from Consent for clarification. (4.3): Mary Ellen Leonard, Finance Director, explained that this agreement would authorize the City of College Station and the City of Midlothian to jointly prepare bids and proposals for the purchase of goods and services. Also, that City of Midlothian was best fit to the needs the City of College Station. (4.7): Councilmember Cunha, stated to the citizens that this contract is to provide utility bill printing and mailing services. Mary Ellen Leonard, Finance Director, also stated that these funds are budgeted and available in the Utility Customer Service and Public Communications budgets. (4.10): Emily Fisher, Public Works Assistant Director, explained that Woodson Village is in the Southgate area, in the vicinity of Haines Drive, Glade Street, Dexter Drive, and Timm Drive. This project includes the rehabilitation of water and wastewater lines in this area. (4.17): Debbie Eller, Community Services Director, explained that this agreement was focused on the families whose children are eligible for free- or reduced-lunches, and the program worked to increase family stability in the following areas: 1. Improving Health Outcomes - medical co- pays, prescription costs, vision needs, trolley passes; 2. Increasing Employment Opportunities - providing ID's, certification fees, uniforms, etc.; 3. Reducing Mobility - through rent and utility assistance. (4.18): Debbie Eller, Community Services Director, explained that this contract commits $464,000.00 of unobligated HOME grant funds from Program Year 2020. These funds will be provided to Elder-Aid, Inc. on a reimbursement basis and are budgeted and available through the Page 6 of 62 WKSHP011421 Minutes Page 3 Community Development FY 2021 (PY 2020) federal Community Development Block Grant Program budget. 5. Workshop Agenda 5.1 Presentation, discussion, and possible action on the election of Mayor Pro Tempore. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to appoint Bob Brick as Mayor Pro Tempore. The motion carried unanimously. 5.2. Presentation, discussion, and possible action relating to a legislative update and preview of the 87th Texas State Legislature. Jennifer Rodriguez, legislative consultant, provided a legislative update and preview of the upcoming legislative session. Ms. Rodrigues explained that pre-filing of legislation began November 9, 2020. Current legislators and legislators-elect are able to file bills in advance of the legislature convening January 12th, and as of January 13th there are 1,078 House bills and 310 Senate bills filed. SENATE Lieutenant Governor Dan Patrick returns to preside over the Senate having first been elected to that position in 2014. He previously served two four-year terms in the State Senate representing part of Harris County. HOUSE State Representative Dade Phelan of Beaumont was elected Speaker of the House of Representatives Tuesday. He replaces Speaker Dennis Bonnen who did not seek re-election in 2020. Speaker Phelan was first elected to the legislature in 2014 and served as Chairman of State Affairs in 2019. Some key legislative issues for cities include: State Budget for the 2022-2023 Biennium, Redistricting, COVID-19. Other legislative issues expected are Chapter 313 Extension, Clean Up Bills for SB 2 and HB 3 from 2019, Taxpayer Funded Lobbying, RMA Funding, Reauthorization of the Plumbing License Law, and MOU. At 7:18 p.m., the Mayor recessed the Workshop meeting. The Workshop meeting reconvened at 10:02 p.m. 5.3. Presentation, discussion, and possible action of potential alternatives to address the symptoms of residential over-occupancy. Jade Broadnax, Planning and Development, stated that City Council requested that City staff draft a Restricted Occupancy Overlay ordinance and associated handbook that would allow area property owners to request an overlay zoning restricting occupancy to no more than two unrelated persons in their neighborhood. Successful prosecution of those who have violated the city-wide “no more than four unrelated” ordinance has been largely due to admittance of guilt. Due to the issues that prevail when attempting to enforce by relationship status, staff presented alternative options for addressing the symptoms of overoccupancy. Page 7 of 62 WKSHP011421 Minutes Page 4 Alternatives 1.Increase fines for common code violations (limited authority) 2.Remove ability to register rental property if excessive code violations occur 3.Requiring more onsite parking To Address: •Trash, Parking, More than Four Unrelated, Weeds and Grass, Noise/Disorderly Conduct At approximately 10:50 p.m., Mayor Mooney opened the Citizens Comments. Fred Dupriest, College Station, came before Council to express his concerns: 1.We do enforce the 4-unrelated with a high success rate. We are not actually measuring success in enforcement, but success in court. 2.You cannot oppose the 2-unrelated based on difficulty of enforcement, without also opposing the 4-unrelated. Is staff proposing abandoning the 4-unrelated? 3.The 2-unrelated cannot be obtained in the neighborhoods with the history of behavioral issues. Behavioral issues are a red herring. 4.The purpose of the 2-unrelated is to protect young starter families from having to compete the cash flow from the 4-unrelated, rent by the room business model. There being no comments, the Citizens Comments was closed at 11:00 p.m. Staff recommended that the Council provide direction as appropriate. The Planning & Zoning Commission heard this item at their January 7th meeting. Council directed staff to bring back at a later date to continue the discussion on the symptoms of residential over-occupancy. 5.4. Presentation, discussion, and possible action regarding an overview of the Rental Registration Program and information regarding a cost analysis completed on the registration fee. Debbie Eller, Community Services Director, presented an overview of the Rental Registration Program and provide information regarding a cost analysis completed on the registration fee. Information Required: The information required to register the Rental Property is as follows: Address of the Rental Property Owner and contact (email/phone) information for the owner Type of rental property such as single-family, duplex, etc. In the case of an absentee owner (out of town). Local contact with contact information The local contact cannot be someone who is on the lease. Local contact must reside within thirty (30) miles of College Station City Hall. Rental Registration Fee Analysis Expense FY2020 Full Cost Allocation for RR (28%) $ 33,338.28 Salary & Office Space $ 62,454.50 Supplies, Phone, & Postage 2,400.00 Page 8 of 62 WKSHP011421 Minutes Page 5 Total Exp $ 98.265.78 Approximate # of New Reg Annually 1,000 Cost per Reg (As per FY2021) $ 98.28 Staff recommendation Increase fee to move towards full fee support •$60.00 with approval of Updated Fee Resolution in March (300% Increase – 61% Full Fee Support) •$100.00 beginning 10/1/2021 Majority of the Council requested staff to bring back ideas of an annual rental registration fee. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan- College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.) No discussion needed. Council resumed the Executive Session at 11:34 p.m. 8. Adjournment There being no further business, Mayor Mooney adjourned the Workshop of the College Station City Council at 12:05 a.m. on Friday, January 15, 2021. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 9 of 62 RM011421 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION JANUARY 14, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney via Teleconference at 7:18 p.m. on Thursday, January 14, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Presentations Presentation to the Planning and Development Services Department in recognition of receiving the Planning Excellence award from the Texas Chapter of the American Planning Association, recognizing a commitment to professional planning. Mayor Mooney recognized and presented to the Planning and Development Services Department an award for achieving the American Planning Association’s “Program for Planning Excellence.” 3.Hear Visitors Comments Wyatt Galbreath, College Station, stated that with the new city hall being constructed he believes this is a new age for College Station the time has come for our city to update its image and symbolism by considering the adoption of a flag he has designed. While we do have a flag already it uses our logo, Page 10 of 62 RM011421 Minutes Page 2 which he believes should be separate from the flag itself. With his flag design, the city would have a true form of representation independent from our logo. Lorraine Madewell, College Station, came before Council to express her interest in having the city consider changing and ordinance to amend Chapter 6: Article V: Sec. 6-147 “Any enclosure that houses fowl must be at least 100 feet from any dwelling other than the dwelling occupied by the owner of the fowl,” to read “50 feet from any dwelling other than the dwelling occupied by the owner.” She also suggests that language should be added to control the number of fowl and suggests that for 50 feet 6 birds, 75 feet 10 birds, and 100 feet a 10+ birds’ maximum should allowed. Michael Weinstein, College Station, states that he was representing the TAMU Student Body wanted to express that their goals have come to a halt because of COVID19 and the restrictions that are being forced on the community. Mr. Weinstein feels that the City and State have been overly restricted and individual citizens are be deprived of their rights. 4.CONSENT AGENDA 4.1. Presentation, possible action, and discussion of minutes for: December 10, 2020 Workshop Meeting December 10, 2020 Regular Meeting December 29, 2020 Special Meeting 4.2. 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 Contract 20-201) in the annual not-to-exceed amount of $150,000. 4.3 Presentation, discussion, and possible action on a cooperative purchasing interlocal agreement with the City of Midlothian. 4.4 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 Siddons-Martin Emergency Group through the BuyBoard Purchasing Cooperative (Contract 571-18) Estimated annual expenditure: $150,000. 4.5 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 Lonestar Freightliner Group, LLC through the BuyBoard Purchasing Cooperative (Contract 601-19) Estimated annual expenditure: $180,000. 4.6 Presentation, discussion, and possible action on approving annual tire purchases and retread services from Southern Tire Mart, LLC through the BuyBoard Purchasing Cooperative (Contract 553-18) in the annual not-to-exceed amount of $300,000. 4.7 Presentation, discussion, and possible action regarding the renewal of an existing contract between the City of College Station and Xpedient Mail in the amount of $210,000. Page 11 of 62 RM011421 Minutes Page 3 4.8 Presentation, discussion, and possible action regarding Ordinance No. 2021-4233 temporarily amending Chapter 38, “Traffic and Vehicles,” Article VI. “Traffic Schedules,” Section 38-1013 “Traffic Schedule XIII, Temporary Speed Limits,” amending the posted speed limit on FM 2818 for the FM 2818 widening project. 4.9 Presentation, discussion, and possible action regarding a professional services contract with Freese and Nichols, Inc. in the amount of $1,933,920 for the final design of the Carters Creek Wastewater Treatment Plant Diversion Lift Station and Force Main project. 4.10 Presentation, discussion, and possible action on a Construction Contract with Elliott Construction in the amount of $5,055,913; for construction of the Woodson Village Rehabilitation Project, Resolution No. 01-14-21-4.10 Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt, and the rejection of Bid 20-030. 4.11 Presentation, discussion, and possible action on the purchase of a single “145kV S &C Mark V Circuit Switcher”, to Priester Mell & Nicholson, Inc. The Mark V Circuit Switcher will be maintained in electrical inventory and expensed when necessary. The total purchase is for an amount not to exceed $130,353. 4.12 Presentation, discussion, and possible action on a contract change order in the amount of $148,223.75 with Techline Inc for Pad Mounted Solid Di-Electric Switchgears. 4.13 Presentation, discussion, and possible action regarding Change Order No. 1 deducting $100,000 from the Construction Contract with CF McDonald Electric, Inc. to install previously purchased VFD at Dowling Road Pump Station. 4.14 Presentation, discussion, and possible action regarding the approval of an annual blanket order for the purchase of Cement Treated Base and Type D Grade 1 Cement Treated Recycled Crushed Concrete Base with Brazos Paving, Inc. for an amount not to exceed $668,000. 4.15 Presentation, discussion, and possible action of Ordinance No. 2021-4234 amending Chapter 38, “Traffic nd Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time", removing parking along Fall Circle. 4.16 Presentation, discussion, and possible action of Ordinance No. 2021-4235 amending Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” removing parking along Buena Vista Dr, Lonetree Dr, Estes Park, Black Hawk Ln, and Silverthorne Ln. 4.17 Presentation, discussion, and possible action regarding a funding agreement with College Station Independent School District in the amount of $250,000 for the COVID-19 Family Empowerment Program. 4.18 Presentation, discussion, and possible action on approving a contract for the grant of federal HOME Community Housing Development Organization (CHDO) Set-Aside funds to Elder-Aid, Inc. in the amount of $464,000 for the purchase and rehabilitation costs related to the creation of four affordable rental units located at 3332-3334 Longleaf and 3308-3310 Bluestem. Page 12 of 62 RM011421 Minutes Page 4 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 5.REGULAR AGENDA 5.1. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2021-4236 for Budget Amendment 1 amending Ordinance No. 2020-4206 which will amend the budget for the 2020-2021 Fiscal Year in the amount of $4,224,326. Mary Ellen Leonard, Finance Director, stated that the proposed budget amendment is to increase the FY21 budget appropriations by $4,224,326 primarily because of the annual encumbrance roll. The encumbrance roll recognizes expenditures in a prior fiscal year where the goods and services were ordered but not received in that fiscal year. Specialty vehicles and equipment typically are included on the encumbrance roll. This amendment also includes an Interfund transfer totaling $379,444 from the Court Technology Fund. The City has resources or can reasonably expect resources to cover the appropriations in this budget amendment. If approved, the net revised budget appropriations will be $315,720,510. 1.Encumbrance Roll - $3,650,488 (Budget Amendment) and $379,444 (Interfund Transfer) 2.Parkland Dedication CIP - $35,215 (Budget Amendment) 3.General Government CIP – Future Department Relocation – $800,000 (Budget Amendment) 4.Sidewalk Zones 1 and 3 CIP - $16,223 (Budget Amendment) 5.Northgate Parking Fund- $300,000 (Budget Amendment) 6.Brazos Central Appraisal District- $22,400 (Budget Amendment) At approximately 7:44 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:44 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Crompton, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021- 424236, Budget Amendment 1 amending Ordinance No. 2020-4206 which will amend the budget for the 2020-2021 Fiscal Year in the amount of $4,224,326. The motion carried unanimously. 5.2 Public Hearing, presentation, discussion, and possible action regarding the Annual Review of the Comprehensive Plan and Unified Development Ordinance (UDO). Jade Broadnax, Planning and Development Services, stated that the Annual Review of the UDO is an on-going effort to ensure the development codes of the City of College Station address local land development patterns and best planning practices. The Annual Review highlights the major Comprehensive Plan initiatives and UDO amendments that occurred during FY2020. It covers the Comprehensive Plan and all associated master plans, programs, and small-area plans. The review also includes amendments that were made to the Unified Development Ordinance, which helps implement the Comprehensive Plan’s vision. This Annual Review is organized into the following categories and each item is labeled with the associated plan(s). Infrastructure projects that were completed, under construction, or under design Programs that occurred Tourism, community, and economic development initiatives Page 13 of 62 RM011421 Minutes Page 5 Items that were postponed due to the COVID-19 pandemic The Planning & Zoning Commission heard this item at their January 7th Regular meeting where they unanimously voted to recommend approval. Staff recommends that the Council receive the Annual Update and provide direction as appropriate. At approximately 8:03 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:03 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve the Annual Review of the Comprehensive Plan and Unified Development Ordinance (UDO). The motion carried unanimously. 5.3 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4237 amending Appendix A, “Unified Development Ordinance,“ Article 4 "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from T Townhouse to PDD Planned Development District on approximately 5 acres of land generally located at the intersection of Towers Parkway and Momma Bear Drive. Alyssa Halle-Schramm, Planning and Development Services, stated that this request is to rezone approximately 5 acres of the Pershing Pointe Villas townhouse development located near the intersection of Deacon Drive West and Holleman Drive South from T Townhouse to PDD Planned Development District with a base zoning district of T Townhouse. The tract was rezoned to T Townhouse in October 2016 and Preliminary Planned as part of a larger townhouse development in March 2017. In March 2020, the Preliminary Plan was revised to modify one phase of the development to accommodate a detached single-family product. This request is in effort to provide additional single-family housing types for the remaining unplatted portion of the overall development. Townhouse zoning is proposed as the base zoning district with a modification to allow Duplex as a permitted use. A second modification has been proposed to allow the duplex units to meet the dimensional and buffer standards of the base zoning district. The Planning & Zoning Commission heard this item at their December 3, 2020 Regular meeting where they unanimously voted to recommend approval. Staff recommends approval of the rezoning. At approximately 8:08 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:08 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Cunha, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021- 4237 amending Appendix A, “Unified Development Ordinance,“ Article 4 "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from T Townhouse to PDD Planned Development District on approximately 5 acres of land generally located at the intersection of Towers Parkway and Momma Bear Drive. The motion carried unanimously. Page 14 of 62 RM011421 Minutes Page 6 5.4 Public Hearing, presentation, discussion and possible action regarding Ordinance No. 2021- 4238 amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from R-4 Multi-Family to PDD Planned Development District on approximately 11 acres of land generally located at 3445 Cain Road. Rachel Lazo, Planning and Development Services, stated that the applicant has requested a rezoning of approximately 11 acres of land from R-4 Multi-Family to PDD Planned Development District. The subject property is designated as Urban on the Comprehensive Plan Future Land Use and Character Map. The Urban land use designation is intended for areas that should have a more intense level of development activity typically consisting of townhomes, duplexes, and high-density multi- family. The property is currently zoned R-4 Multi-family, a zoning district for low to medium density condominium units and apartment complexes. The proposed zoning permits attached single-family townhomes, allowing the property to be developed consistent with the Comprehensive Plan. The property can be marketed under the current zoning of R-4 Multi-Family which allows for residential uses. However, the applicant is proposing to incorporate the subject property into the larger Mission Ranch Subdivision development and provide access from Holleman Drive South as well as through the main entry corridor of Mission Ranch. Modifications •Dimensional Standards Front: 15 ft. Side: 7.5 ft. Rear: 10 Impervious Cover as designed in master detention report •Off-Street/Single-Family Parking 1 space per bedroom •Lots No street frontage Private access owned/maintained by HOA Community Benefits •Buffer 10-foot landscape buffer 6-foot opaque fence •Sidewalks on both sides of access drives with connection to public sidewalk The Planning & Zoning Commission heard this item at their December 17, 2020, Regular meeting where they unanimously voted to recommend approval. Staff recommends approval of the rezoning. At approximately 8:17 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:17 p.m. MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4238 amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from R-4 Multi-Family to PDD Planned Development District on approximately 11 acres of land generally located at 3445 Cain Road. The motion carried Page 15 of 62 RM011421 Minutes Page 7 unanimously. 5.5 Presentation, discussion, and possible action regarding a professional services contract with The Arkitex Studio, Inc. in the amount of $145,175 for the design of the Facilities Maintenance Relocation project. Emily Fisher, Public Works Assistant Director, explained that this contract is for the design of a new Facilities Maintenance office building and workshop to be located near the current Public Works Operations Center off W. King Cole Dr. Currently, the division uses a portion of the old fire station located at 1207 Texas Ave as office and workshop space. The scope of this project is to construct a 7,000-sf metal building to be used as office, storage, and workshop space. A budget in the amount of $900,000 is currently appropriated for this project in the Facilities and Technology Capital Improvement Projects Fund. A total of $148 has been committed or spent to date, leaving a balance of $899,852 for this contract and future expenses. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to approve a professional services contract with The Arkitex Studio, Inc. in the amount of $145,175 for the design of the Facilities Maintenance Relocation project. The motion carried unanimously. 5.6 Presentation, discussion, and possible action regarding an update on the COVID-19 pandemic and vaccine distribution. Brian Piscacek, Assistant to the City Manager, stated that the Council has requested information related to the ongoing COVID-19 pandemic and the status of vaccine distribution. The presentation provided an update regarding these subjects and include the latest plans and developments in our community. Impact on City Operations •COVID’s effect on City employees •Over 630 cases related to COVID: includes exposures, potential exposures, symptoms, testing, and confirmed positive cases •Recent increase in cases, consistent with general public •Currently managing 35 total cases •Cases spread across the organization •Eligible employees have begun receiving vaccines •Potential changes to EMS operations Brazos County Vaccine Distribution Plan •Coordinating partners: Brazos County, City of College Station, City of Bryan, TAMU, CHI St. Joseph Health, Baylor Scott & White •Retired Army Colonel Jim Stewart leading the initiative •Providing centralized vaccine distribution •Keys: location, staffing, management oversight, communication •Brazos County hub: CHI St. Joseph Health •Received an additional 1,200 doses of the Moderna vaccine •Administering this week for 1B patients – expected to utilize every dose by the end of the week •Unknown as this point when additional doses will be provided by DSHS Page 16 of 62 RM011421 Minutes Page 8 •Five other Brazos County providers receiving another 800 doses of the Moderna vaccine this week •Baylor Scott & White also moving into 1B Phase (Pfizer) – eligible patients will be contacted •Challenges: paperwork, time lag in reporting 5.7 Presentation, discussion, and possible action regarding Ordinance No. 2020-4239 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Jeff Capps, Interim City Manager, stated to Council that on January 8, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, and December 7, 2020. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4239 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. 5.8 Presentation, discussion, and possible action regarding the appointment of Councilmembers to boards and commissions. Appointments of Councilmembers to Boards and Committees: Arts Council: Bob Brick BioCorridor Board: Linda Harvell Spring Creek Local Government Corporation: Karl Mooney Architectural Advisory Committee: Bob Brick, Linda Harvell Audit Committee: Elizabeth Cunha Compensation and Budget: Elizabeth Cunha Transportation and Mobility: Linda Harvell (Chair) Elizabeth Cunha (BPG Chair designated by Linda Harvell), Bob Brick **All other Boards and Committees will remain the same Councilmember Representatives. ** 5.9 Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions: Arts Council MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to appoint Coleen Bradfield and reappoint Patricia Burchfield to the Arts Council. The motion carried unanimously. Architectural Advisory Committee Joe Fix – 2-year term Audit Committee Michelle McMillin – 2-year term Page 17 of 62 RM011421 Minutes Page 9 B/CS Library Sharon Rosedahl – 2-year term Megan Wilson – 2-year term Bicycle, Pedestrian, and Greenways Advisory Board Nancy “Joy” Chmelar – (Position C) for 1-year unexpired term Construction Board of Adjustments MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to appoint Joe Fix to Position 1 for a 3 year term, Tiona Broussard to Position 2 for a 3 year term and Roger Winckler to Alternate 1 for a 2 year term to the Construction Board of Adjustments. The motion carried unanimously. Joint Relief Funding Review Committee Lisa Halperin – 3-year term Parks and Recreation Board David White – (Position 7) for 1-year unexpired term Debe Shafer - Chair Planning and Zoning Commission MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to appoint William Wright to Position 1 for a 1 year unexpired term and Jason Cornelius to Position 4 for a 2 year unexpired term to the Planning and Zoning Commission. The motion carried unanimously. Zoning Board of Adjustments MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to appoint Mark Smith to Position 3 as Chair for a 2 year term, James Hutchins to Alternate 1 for a 2 year term, and John Max Crittenden to Alternate 2 for a 2 year term to the Zoning Board of Adjustments. The motion carried unanimously. 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. Councilmember Nichols requested a discussion of options on the ordinance regulating the housing of fowl. Mayor Mooney requested ongoing updates on COVID-19. Councilmember Maloney requested an update on the YMCA. 7.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 9:54 p.m. on Thursday, January 14, 2021. Page 18 of 62 RM011421 Minutes Page 10 ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 19 of 62 January 28, 2021 Item No. 4.2. ClearPass Change Order - Network Upgrade Project Sponsor:Sindhu Menon, Director of Information Technologies Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a change order to the Network Hardware and Installation project service agreement with Avinext in the amount of $56,892.96. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the change order. Summary: The Change Order for the Network Upgrade Project includes the implementation of ClearPass. ClearPass allows the City to secure the network switches located at various City buildings. A one-time cost will be charged to the Network Upgrade Project (CO2000). The one-time cost includes $38,500 for the license, $4,400 for the VM (Virtual Machine) hardware purchase, and $8,500 for the design, installation, and configuration. The recurring costs included are $566.72 for 1- year VM hardware service and $4,926.24 for 1-year support. Budget & Financial Summary: Budget in the amount of $855,000 is included for this project in the Facilities and Technology Capital Improvement Projects Fund. A total of $794,294 has been committed or spent to date, leaving a balance of $60,706 for this contract and future expenses. Reviewed & Approved by Legal: No Attachments: 1.20300705 Avinext CO1 (01-28-21) Page 20 of 62 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE 20300705 CO2000 N/A Network Upgrade Project. Hardware, Software and Installation. The Personal Computer Store, Inc. dba Avinext 56,892.96 n n n n n n 1 Project CO2000 is a budget approved SLA for FY20 with funding through the IT Replacement fund. Change order 1 is adding ClearPass VM, licensing, installation and 1st year support. A new total contract cost of $848,291.96 which is a 7.19% increase to the original contract amount. N/A 01/28/2021 N/A N/A N/A N/A N/A N/A N/A N/A 1/14/2021 1/14/2021 1/14/2021 Page 21 of 62 CHANGE ORDER NO. 1 DATE: 12/22/2020 Contract No. 20300705 PROJECT: Network Upgrade Project CO2000 PO #21200177 OWNER:CONTRACTOR: City of College Station The Personal Computer Store, Inc. dba Avinext P.O. Box 9960 1400 University Dr. East College Station, Texas 77842 College Station, Texas 77840 PURPOSE OF THIS CHANGE ORDER: Add ARUBA ClearPass VM with 1 Year Support; ClearPass Licensing with 1 Year Support; and Design, Install and Configuration. See Quotation 193052-B attached for details. ITEM ADDED NO UNIT DESCRIPTION QUANTITY COST 1 ea ARUBA CLEARPASS CX000V VM APPL E-LTU 2 $4,400.00 2 ea ARUBA 1Y FC 24X7 CLEARPASS CX000V VM SVC 2 $566.72 3 ea ARUBA CLEARPASS NL AC 5K CE E-LTU 1 $38,500.00 4 ea ARUBA 1Y FC 24X7 CLEARPASS NL AC 5KCESVC 1 $4,926.24 5 ea Design, Install and Configuration - Avinext Network Consultant 1 $8,500.00 TOTAL $56,892.96 PO #21200177 Line 2 - CO2000-INSTALL- 41379971-6523 $8,500.00 $42,900.00 Add New Line 4 - MNT CPWARE- 10011250-5201 $5,492.96 TOTAL CHANGE ORDER $56,892.96 ORIGINAL CONTRACT AMOUNT $791,399.00 CHANGE ORDER NO. 1 ClearPass VM, Licensing, Design/Install/Config & 1 Year Support.$56,892.96 7.19%CHANGE REVISED CONTRACT AMOUNT $848,291.96 7.19% TOTAL CHANGE ORIGINAL CONTRACT TIME N/A Days Time Extension No. 1 N/A Days Revised Contract Time N/A Days APPROVED ______________________________________________________________________________________________ The Personal Computer Store, Inc. dba Avinext Date DEPARTMENT DIRECTOR Date ______________________________________________________________________________________________ CITY PROJECT MANAGER Date ASST CITY MGR - CFO Date ______________________________________________________________________________________________ BUDGET Date CITY ATTORNEY Date __________________________________________ CITY MANAGER Date Add New Line 3 - CO2000-COMPSFTW- 41379971-6522 UNIT PRICE THE NET AFFECT OF THIS CHANGE ORDER IS 7.19% INCREASE. $2,200.00 $38,500.00 $8,500.00 $283.36 $4,926.24 1/11/2021 1/11/2021 1/14/2021 1/14/2021 1/14/2021 1/14/2021 Page 22 of 62 ~ Avinex t AV SAVVY. NETWORK SMART. Formerly MicroAge College Station The Personal Computer Store, Inc. 1400 University Drive East -College Station, TX 77840 Phone (979)846-9727 Fa x (979)268-1017 www.Avinext.com 2 3 4 5 6 7 8 9 10 11 12 13 14 City of College Station 310 Krenek Tap Road College Station, TX 77842 United States Net 30 days Part DescriQtion ClearPass VM with 1 Year Support JZ399AAE ARUBA CLEARPASS CXOOOV VM APPL E-L TU H9WX2E ARUBA 1Y FC 24X7 CLEARPASS CXOOOV VM SVC ClearPass Licensing with 1 Year Support JZ404AAE ARUBA CLEARPASS NL AC SK CE E-L TU H9XQ6E ARUBA 1Y FC 24X7 CLEARPASS NL AC 5KCESVC COMHPEDIR2 Hewlett Packard Enterprise DIR-TS0-4160 Contract Design, Install and Configuration Unrecognized devices to the internet Automatic vlan changes for phones, pc's, printers, etc .. TLS config (wireless laptops connection) Config for switch configurations SER35220 Avinext Network Consultant Sub Total 12/15/20 10:59:03 uotation Quote# Date 12/14/2020 Qty ! Price I Ext. Price I 2 $2,200.00 $4,400.00 2 $283.36 $566.72 1 $38,500.00 $38,500.00 1 $4 ,926.24 $4 ,926.24 1 $0.00 $0.00 1 $8,500.00 $8,500.00 $56,892.96 Sub Total $56,892.96 Sales Tax $0.00 Shipping $0.00 Total $56,892.96 Page 1 I 2 1 of 2 Page 23 of 62 Please contact me if I can be of further assistance. QUOTES ARE VALID FOR 30 DAYS FROM THE DATE SHOWN ABOVE. PRICES SUBJECT TO CHANGE -PRICES BASED UPON TOTAL PURCHASE-ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED -GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE TO THREE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS -WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE HELD LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, OR DAMAGES RELATED TO THIS AGREEMENT. 12/15/20 10:59:03 Page 2 I 2 2 of2 Page 24 of 62 January 28, 2021 Item No. 4.3. Victoria Rehab Design contract Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a professional services contract with Jones and Carter in the amount of $458,400 for the design of the Victoria Ave Rehabilitation project. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval. Summary: This project includes the reconstruction of Victoria Avenue from FM 2154 to Woodlake Drive. The construction will include a 2 lane major collector concrete roadway section with storm sewer with roadside ditches, sidewalks, and illumination. Budget & Financial Summary: Budget in the amount of $1,151,000 is currently appropriated in the Streets Capital Improvement Project Fund, with $240,376.67 expended or committed to date, leaving a remaining balance of $910,623.33 for this contract and related expenses. Reviewed & Approved by Legal: No Attachments: 1.Project Map1 2.CRC- Prof Serv AE with Construction- Jones & Carter combined Page 25 of 62 REDMAN LNP1-735FM 2154I& GN RD KOPPE BRIDGE RDFM 2154FM 2154FM 2154FM 2154FM 2154FM 2154FM 2154FM 2154FM 2154I& GN RD SDOWLINGRD I& G N RD I& G N R D City of College Station N 0 1,100550Feet This product is for informational purposes only and has not been prepared for and is not suitable for legal, engineering, construction, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of certain geographic features. No warranty, expressed or implied, is made by the City of College Station as to the accuracy, completeness, suitability, or timeliness of the inform ation contained herein.The City of College Station assumes no responsibility for any private or commercial use, misuse, reliance, or interpretation of the information provided herein, or any loss resulting therefrom . Page 26 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 1 CRC 12-11-2020 CITY OF COLLEGE STATION ARCHITECTS & ENGINEERING PROFESSIONAL SERVICES CONTRACT WITH CONSTRUCTION This Contract is between the City of College Station, a Texas home-rule municipal corporation, and ____________________________________________, a___________________ corporation professional services as described herein and the City agrees to pay the Consultant for those services. ARTICLE I SCOPE OF SERVICES 1.01 In consideration of the compensation stated in paragraph 2.01 below, the Consultant agrees to provide the City with the professional services as described in , the Scope of Services, which is incorporated herein by reference for all purposes, and which services may be more generally described as follows : ARTICLE II PAYMENT 2.01 with all terms and conditions of this Contract, the City shall pay the Consultant according to the terms set forth in Except in the event of a duly authorized change order, approved by the City as provided in this Contract, the total cost of all professional services provided under this Contract may not exceed ______________________________________________________ and ____/100 Dollars ($_____________). ARTICLE III TIME OF PERFORMANCE AND CONSTRUCTION COST 3.01 The Consultant shall perform all professional services necessary for the complete design and construction documentation of the Project within the times set forth below and in Section 3.02. Consultant expressly agrees that such times are as expeditious as is prudent considering the ordinary professional skill and care of a competent engineer or architect. Furthermore, the Consultant shall perform with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. (a) Conceptual Design: _____ calendar days after the authorization to commence planning. Jones & Carter, Inc.Texas Victoria Avenue Rehab (FM 2154 to Woodlake) Four Hundred Fifty Eight Thousand Four Hundred 00 458,400 Page 27 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 2 CRC 12-11-2020 (b) Preliminary Design: _____ calendar days after authorization to commence PPD. (c) Final Design: _____ calendar days after authorization to commence final design. 3.02 All design work and other professional services provided under this Contract must be completed by the following date: _______________________________. 3.03 Time is of the essence of this Contract. The Consultant shall be prepared to provide the professional services in the most expedient and efficient manner possible and with adequate resources and manpower in order to complete the work by the times specified. Promptly after the execution of this Contract, the Consultant shall prepare and submit for the City to approve in project submissions by authorities having jurisdiction over the Project. The time limits established by this schedule over which Consultant has control shall not be exceeded without written approval from the City. In the event that a deadline provided in this Contract is not met by the Consultant, Consultant shall provide the City with a written narrative setting forth in a reasonable degree of detail a plan of recovery to overcome or mitigate the delay which may include (i) employing additional people, or (ii) accelerating the work by working longer hours on any portion of the Project that approval, Consultant shall execute the Recovery Plan at no additional cost to the City. 3.04 Co -consultants under the terms of this Contract. Such services include normal civil, structural, mechanical and electrical engineering services, plumbing, food service, acoustical and landscape services, and any other design services that are normally or customarily furnished and reasonably necessary for the Project. The Consultant shall contract and employ at its expense sub-consultants necessary for the design of the Project, and such sub-consultants shall be licensed as required by the State of Texas and approved in writing by the City. 3.05 The Consultant shall designate a principal of the firm reasonably satisfactory to the City s services to be performed hereunder through to completion, and who shall be available for general consultation throughout the Project. Any replacement of that principal shall be approved in writing (which shall not be unreasonably withheld) by the City, prior to replacement. 3.06 Consultant shall be responsible for the coordination of its services with those of its ign and used on the Project, regardless of whether such drawings and documents are prepared by Consultant. Consultant shall be responsible for the completeness and accuracy of all drawings and specifications submitted by or through Consultant and for its compliance with all applicable codes, ordinances, regulations, laws and statutes. Upon receipt from the City, the Consultant shall review the services and information furnished by the May 2022 Page 28 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 3 CRC 12-11-2020 ltant shall provide prompt written notice to the City if the Consultant becomes aware of any error, omission or inconsistency in such services or information. Once notice has been provided to the City, the Consultant shall not proceed without written instruction from the City to do so. 3.07 judgment as a design professional familiar with the construction industry. 3.08 The construction budget for this Project, which is established as a condition of this Contract is $____________________. This construction budget shall not be exceeded unless the amount is changed in writing by the City. ARTICLE IV CONCEPTUAL DESIGN 4.01 planning, the Consultant shall meet with the City for the purpose of determining the nature of the Project. The Consultant shall inquire in writing as to the information it believes the City may have in its possession that is necessary for the Consultant's performance. The City shall provide the information within its possession that it can make available to the Consultant. The City shall designate a representative to act as the contact person on behalf of the City. 4.02 The Consultant shall determine the City's needs with regard to the Project, including, but not limited to, tests, analyses, reports, site evaluations, needs surveys, comparisons with other municipal projects, review of budgetary constraints and other preliminary investigations necessary for the Project. Consultant shall verify the observable existing conditions of the Project and verify any existing as-built drawings. Consultant shall confirm that the Project can be designed and constructed within the time limits outlined in this Contract. Consultant shall prepare a detailed design phase schedule which includes all review and approval periods during the schematic design, design development and construction document phases. Consultant shall confirm that the Project can be designed and constructed for the dollar amount of the Project budget, if applicable. 4.03 The Consultant shall prepare a Conceptual Design that shall include schematic layouts, surveys, sketches and exhibits demonstrating the considerations involved in the Project. The Consultant shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and and budget. The Consultant shall reach an understanding with the City regarding the requirements of the Project. The Conceptual Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. Upon the City's request, the Consultant shall meet with City staff and the City Council to make a presentation of its report. Page 29 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 4 CRC 12-11-2020 ARTICLE V PRELIMINARY DESIGN 5.01 The City shall direct the Consultant to commence work on the Preliminary Design by sending to the Consultant a letter of authorization to begin work on the Preliminary Design pursuant to this Contract. Upon receipt of the letter of authorization to commence Preliminary Design, the Consultant shall meet with the City for the purpose of determining the extent of any revisions to the Conceptual Design. 5.02 The Consultant shall prepare the Preliminary Design of the Project, including, but not limited to, the preliminary drawings and specifications and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. The Consultant shall submit to the City a detailed estimate of the construction costs of the Project, based on current area, volume, or other unit costs. This estimate shall also indicate both the cost of each category of work involved in constructing the Project and the time required for construction of the Project from commencement to final completion. 5.03 Upon completion of the Preliminary Design of the Project, the Consultant shall so notify the City. Upon request the Consultant shall meet with the City staff and City Council to make a presentation of its Preliminary Design of the Project. The Consultant shall provide an explanation of the Preliminary Design, including any material changes and deviations that have taken place the Project requirements and construction can be completed within the Project budget and schedule. ARTICLE VI FINAL DESIGN 6.01 The City shall direct the Consultant to commence work on the Final Design of the Project by sending to the Consultant a letter of authorization to begin work on the Final Design phase of the Project. Upon receipt of the Letter of Authorization to proceed with Final Design of the Project, the Consultant shall immediately prepare the Final Design, including, but not limited to, the bid documents, contract, drawings, and specifications, to fix and describe the size and character of the Project as to structural, mechanical, and electrical systems, materials, and such other elements as may be appropriate. The Final Design of the Project shall comply with all applicable laws, statutes, ordinances, codes and regulations. 6.02 s approval of the Final Design, the Consultant warrants that the Final Design will be sufficient and adequate to fulfill the purposes of the Project. 6.03 The Consultant shall prepare and separately seal the special provisions, the technical specification current pre-approved, Page 30 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 5 CRC 12-11-2020 the construction contractor. The Consultant hereby agrees that no changes, modifications, prior written approval of the City. 6.04 The Consultant shall provide the City with complete contract documents sufficient to be advertised for bids by the City. The contract documents shall include the design and specifications and other changes that are required to fulfill the purpose of the Project. Upon completion of the Final Design of the Project, with the submission of the complete contract documents, and upon request of the City, the Consultant shall meet with City staff and the City Council to present the Final Design of the Project. The Consultant shall provide an explanation of the Final Design, including identification of all material changes and deviations that have taken place from the Preliminary Design Documents and a cost estimate. The Consultant shall verify that, to the best of budget and schedule. ARTICLE VII BID PREPARATIONS & EVALUATION 7.01 The Consultant shall assist the City in advertising for and obtaining bids or negotiating proposals for the construction of the Project. Upon request, the Consultant shall meet with City staff and the City Council to present, and make recommendations on, the bids submitted for the construction of the Project. 7.02 The Consultant shall review the construction contractors' bids, including subcontractors, suppliers, and other persons required for completion of the Project. The Consultant shall evaluate each bid and provide these evaluations to the City along with a recommendation on each bid. If the lowest bid for the construction of the Project exceeds the final cost estimate set forth in the Final Design of the Project, then the Consultant, at its sole cost and expense, shall revise the construction documents so that the total construction costs of the Project will not exceed the final cost estimate contained in the Final Design of the Project. 7.03 Where substitutions are requested by a construction contractor, the Consultant shall review the substitution requested and shall recommend approval or disapproval of such substitutions. ARTICLE VIII CONSTRUCTION 8.01 The Consultant shall be a representative of, and shall advise and consult with, the City (1) during construction, and (2) at the City's direction from time to time during the correction, or warranty, period described in the construction contract. The Consultant shall have authority to act on behalf of the City only to the extent provided in this Contract unless modified by written instrument. 8.02 The Consultant shall make visits to the site, to inspect the progress and quality of the executed work of the construction contractor and its subcontractors and to determine if such work Page 31 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 6 CRC 12-11-2020 is proceeding in accordance with the contract documents. The minimum number of site visits and their frequency shall be established by the City and Consultant prior to commencement of construction. Consultant shall periodically review the as-built drawings for accuracy and completeness, and shall report its findings to the City. 8.03 The Consultant shall keep the City informed of the progress and quality of the work. The Consultant shall employ the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license in discovering and promptly reporting to the City any defects or deficiencies in such work and shall disapprove or reject any work failing to conform to the contract documents. 8.04 The Consultant shall review and approve shop drawings and samples, the results of tests and inspections, and other data that each construction contractor or subcontractor is required to provide. The Consultant's review and approval shall include a determination of whether the work complies with all applicable laws, statutes, ordinances and codes and a determination of whether the work, when completed, will be in compliance with the requirements of the contract documents. 8.05 The Consultant shall determine the acceptability of substitute materials and equipment that may be proposed by construction contractors or subcontractors. The Consultant shall also receive and review maintenance and operating instruction manuals, schedules, guarantees, and certificates of inspection, which are to be assembled by the construction contractor in accordance with the contract documents. 8.06 The Consultant shall issue all instructions of the City to the construction contractor as well as interpretations and clarifications of the contract documents pertaining to the performance of the work. Consultant shall interpret the contract documents and judge the performance thereunder by the contractor constructing the Project, and Consultant shall, within a reasonable time, render such interpretations and clarifications as it may deem necessary for the proper execution and progress of the work. Consultant shall receive no additional compensation for providing clarification of the drawings and specifications. 8.07 The Consultant shall review the amounts owing to the construction contractor and recommend to the City, in writing, payments to the construction contractor of such amounts. The Consultant's recommendation of payment, being based upon the Consultant's on-site inspections and its experience and qualifications as a design professional, shall constitute a recommendation by the Consultant to the City that the quality of such work is in accordance with the contract for payment. 8.08 Upon notification from the construction contractor that the Project is substantially complete, the Consultant shall conduct an inspection of the site to determine if the Project is substantially complete. The Consultant shall prepare a checklist of items that shall be completed prior to final acceptance. Upon notification by the construction contractor that the checklist items Page 32 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 7 CRC 12-11-2020 designated by the Consultant for completion have been completed, the Consultant shall inspect the Project to verify final completion. 8.09 The Consultant shall not be responsible for the work of the construction contractor or any of its subcontractors, except that the Consultant shall be responsible for the construction contractor's schedules or failure to carry out the work in accordance with the contract documents if such failures result from the Consultant's negligent acts or omissions. This provision shall not alter the Consultant's duties to the City arising from the performance of the Consultant's obligations under this Contract. 8.10 The Consultant shall conduct at least one on-site inspection during the warranty period and shall report to the City as to the continued acceptability of the work. 8.11 The Consultant shall not execute change orders on behalf of the City or otherwise alter the financial scope of the Project without an advance, written authorization from the City. 8.12 The Consultant shall perform all of its duties under this Article VIII so as to not cause any delay in the progress of construction of the Project. 8.13 The Consultant shall assist the construction contractor and City in obtaining a Certificate of Occupancy by accompanying governing officials during inspections of the Project if requested to do so by the City. ARTICLE IX CHANGE ORDERS, DOCUMENTS & MATERIALS 9.01 No changes shall be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid except upon the prior written order from authorized personnel of the City. The Consultant shall not execute change orders on behalf of the City or otherwise alter the financial scope of the Project. 9.02 When the original contract amount plus all change orders is $100,000 or less, the City Manager or his delegate may approve the written change order provided the change order does not increase the total amount set forth in the contract to more than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council must approve such change order prior to commencement of the services. 9.03 When the original contract amount plus all change orders is equal to or greater than $100,000, the City Manager or his delegate may approve the written change order provided the change order does not exceed $50,000, and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract, the City Council must approve such change order prior to commencement of the services or work. Thereafter, any additional change orders exceeding $50,000 or any additional change orders totaling 25 percent following such council approval, must be approved by City Council. Page 33 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 8 CRC 12-11-2020 9.04 Any request by the Consultant for an increase in the Scope of Services and an increase in the amount listed in paragraph two of this Contract shall be made and approved by the City prior to the Consultant providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Consultant agrees to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute. 9.05 The Consultant shall furnish the City______________ (_____) sets of plans and specifications. It is hereby agreed that additional copies shall be provided to the City at the City's expense. The Consultant shall provide the City ______________ (_____) sets of reproducible, mylar record drawings that clearly show all the changes made during the construction process, based upon the marked-up prints, drawings, and other data furnished by the construction contractor to the Consultant. The Consultant shall provide copies of Work Product including documents, computer files if available, surveys, notes, and tracings used or prepared by the Consultant. The foregoing documentation, the Consultant's Work Product, and other information in the preparation. The Consultant shall furnish one set of digital files representing the final record drawings. ARTICLE X WARRANTY, INDEMNIFICATION & RELEASE 10.01 As an experienced and qualified design professional, the Consultant warrants that the information provided by the Consultant reflects the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. The Consultant warrants that the design preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, and the performance of all other services under this Contract are performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. Approval of the City shall not constitute, or be deemed, a release of the responsibility and liability of the Consultant, its employees, agents, or associates for the exercise of skill and diligence to promote the accuracy and competency of their Work Product or any other document, nor shall the City's approval be deemed to be the assumption of responsibility by the City for any defect or error in the aforesaid documents prepared by the Consultant, its employees, associates, agents, or subcontractors. 10.02 The Consultant shall promptly correct any defective Work Product, including designs or specifications, furnished by the Consultant at no cost to the City. The City's approval, acceptance, use of, or payment for, all or any part of the Consultant's services hereunder or of the Project itself shall in no way alter the Consultant's obligations or the City's rights hereunder. One 1 One 1 Page 34 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 9 CRC 12-11-2020 10.03 In all activities or services performed hereunder, the Consultant is an independent contractor and not an agent or employee of the City. The Consultant and its employees are not the agents, servants, or employees of the City. As an independent contractor, the Consultant shall be responsible for the professional services and the final Work Product contemplated under this Contract. Except for materials furnished by the City, the Consultant shall supply all materials, equipment, and labor required for the professional services to be provided under this Contract. The Consultant shall have ultimate control over the execution of the services it is to provide under this Contract. The Consultant shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees or subcontractors, and the City shall have subcontractors. 10.04 The Consultant must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and other persons, as well as its personal property, while in the vicinity of the Project or any of the work being done on or for the Project. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of the Consultant, its officers, employees, agents, subcontractors, invitees, licensees, and other persons. 10.05 Indemnity. (a) To the fullest extent permitted by law, Consultant agrees to indemnify and hold harmless the City, its Council members, officials, officers, agents, employees, and volunteers (separately and collectively referred to in this and against all claims, damages losses and resulting from any negligent act, error or omission, intentional tort or willful misconduct, intellectual property infringement or including failure to pay a subconsultant, subcontractor, or supplier pursuant to this Contract by Consultant, its employees, subcontractors, subconsultants, or others for whom caused in whole or in part by the Consultant Parties. IF THE CLAIMS, ETC. ARE CAUSED IN PART BY CONSULTANT PARTIES, AND ALSO IN PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OR ALL OF THE INDEMNITEES OR ANY OTHER THIRD PARTY, THEN CONSULTANT SHALL ONLY INDEMNIFY ON A COMPARATIVE BASIS, AND ONLY FOR THE AMOUNT FOR WHICH CONSULTANT PARTIES ARE FOUND LIABLE AND NOT FOR ANY AMOUNT FOR WHICH ANY OR ALL INDEMNITEES OR OTHER THIRD PARTIES ARE LIABLE. (b) To the fullest extent permitted by law, Consultant agrees to defend the Indemnitees where the indemnifiable acts listed in section 10.05.1 above occur outside the course of performance of professional services (i.e. non- professional services) and the claim is not based wholly or partly on the Page 35 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 10 CRC 12-11-2020 negligence of, fault of, or breach of contract by the governmental agency, the exercises control, other than the Consultant or Consultant Parties. (c) Consultant shall procure liability insurance covering its obligations under this section. (d) It is mutually understood and agreed that the indemnification provided for in this section 10.05 shall indefinitely survive any expiration, completion or termination of this Contract. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 10.06 Release. The Consultant releases, relinquishes, and discharges the City, its Council members, officials, officers, agents, employees, and volunteers from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Consultant or its employees and any loss of or damage to any property of the Consultant or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Consultant's work to be performed hereunder. Both the City and the Consultant expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Consultant or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Consultant, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 10.07 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification, release or other obligations under Paragraphs 10.05 and 10.06, such legal limitations are made a part of the obligations and shall operate to amend same to the minimum extent necessary to bring the provision(s) into conformity with the requirements of such limitations, and as so modified, the obligations set forth therein shall continue in full force and effect. ARTICLE XI INSURANCE 11.01 General. The Consultant shall procure and maintain at its sole cost and expense for the duration of this Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, volunteers, employees or subcontractors. The policies, limits and endorsements required are as set forth on below . Page 36 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 11 CRC 12-11-2020 minimum requirements of this section: 11.02 Types. Consultant shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) ensation . (d) Professional Liability. 11.03 Certificates of Insurance. shall be primary insurance with respect to the City, its officials, agents, employees and volunteers. Any self-insurance or insurance policies maintained by the City, its officials, agents, employees to it. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Contract, attached hereto as Exhibit C, and approved by the City before any letter of authorization to commence planning will issue or any work on the Project commences. 11.04 General Requirements Applicable to All Policies. The following General Requirements 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. (c) accepted, except for Professional Liability insurance. (d) Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits of liability except after thirty (30) calendar days prior written notice has been given to the City of College Station. (e) The Certificates of Insurance shall be prepared and executed by the insurance carrier or its authorized agent on the most current State of Texas Department of Insurance-approved forms. 11.05 Commercial General Liability Requirements. The following Commercial General Liability requirements shall apply: (a) Coverage shall be the current A. M. Best Key Rating Guide. (b) Minimum Limit of $1,000,000 per occurrence for bodily injury and property damage with a $2,000,000 annual aggregate. (c) No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. Page 37 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 12 CRC 12-11-2020 (d) The coverage shall not exclude premises/operations; independent contracts, products/completed operations, contractual liability (insuring the indemnity provided herein), and where exposures exist, Explosion Collapse and Underground coverage. (e) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 11.06 Business Automobile Liability Requirements. The following Business Automobile Liability requirements shall apply: (a) the current. A. M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned autos, leased or rented autos, non-owned autos, any autos and hired autos. (e) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 11.07 /Employers Liability Insurance Requirements. The following Contract: (a) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Consultant, the Consultant, all employees of any and all subcontractors, and all other persons providing services on the Pr policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Consultants 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) insurance shall include the following terms: i. Employer's Liability limits of $1,000,000 for each accident is required. ii. Page 38 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 13 CRC 12-11-2020 iii. Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. (c) Pursuant to the explicit terms of Title 28, Section 110.110(c)(7) of the Texas Administrative Code, this Contract, the bid specifications, this Contract, and all subcontracts on this Project must include the terms and conditions set forth below, 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: i. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage 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 Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in § 406.096 [of the Texas Labor 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 provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. ii. 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. iii. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. iv. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior Page 39 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 14 CRC 12-11-2020 to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. v. 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 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. vi. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. vii. 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. viii. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. ix. 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: Page 40 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 15 CRC 12-11-2020 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 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. x. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation 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-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. xi. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental 11.01 Professional Liability Requirements. The following Professional Liability requirements shall apply: (a) the current A.M. Best Key Rating Guide. (b) Minimum of $1,000,000 per claim and $2,000,000 aggregate, with a maximum deductible of $100,000.00. Financial statements shall be furnished to the City of College Station when requested. (c) Consultant must continuously maintain professional liability insurance with prior acts coverage for a minimum of two years after completion of the Project or Page 41 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 16 CRC 12-11-2020 termination of this Contract, as may be amended, whichever occurs later. Coverage under any renewal policy form shall include a retroactive date that precedes the earlier of the effective date of this Contract or the first performance of services for the Project. The purchase of an extended discovery period or an extended reporting period on this policy will not be sufficient to comply with the obligations hereunder. (d) Retroactive date must be shown on certificate. ARTICLE XII USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 12.01 Any and all drawings, specifications and other documents prepared, furnished, or both prepared and furnished by Consultant or any Subconsultant or other designer contracted under Consultant pursuant to this Contract (including, without limitation, the Construction Documents) ("Work Product"), shall be the exclusive property of the City, whether the Project is completed or not. Upon completion or termination of this Contract, Consultant shall promptly deliver to the City all records, notes, data, memoranda, models, and equipment of any nature that are within business. The City shall be furnished and permitted to retain reproducible copies and electronic versions of Consultant's Work Product and related documents and information relating to the Project. 12.02 Consultant warrants to City that (i) Consultant has the full power and authority to enter into this Contract, (ii) Consultant has not previously assigned, transferred or otherwise encumbered the rights conveyed herein, (iii) Work Product is an original work of authorship created by ent by Consultant, and does not infringe on any copyright, patent, trademark, trade secret, contractual right, or any other proprietary right of any person or entity, (iv) Consultant has not published the Work Product (including any derivative works) or any portion thereof outside of the United States, and (v) to the best of the Consultant's knowledge, no other person or entity, except City, has any claim of any right, title, or interest in or to the Work Product. 12.03 Consultant shall not seek to invalidate, attack, or otherwise do anything either by act of omission or commission which might impair, violate, or infringe the title and rights assigned to City by Consultant in this Article 12 of the Contract. 12.04 The documents prepared by Consultant may be used as a prototype for other facilities by the City. The City may elect to use the Consultant to perform the site adaptation and other architectural or engineering services involved in reuse of the prototype. If so, the Consultant is obligated to perform the work for an additional compensation that will fairly compensate the Consultant and its sub-consultants only for the additional work involved. It is reasonable to expect that the fair additional compensation will be significantly less than the fee provided for under this Contract. If the City elects to employ a different architect or engineer to perform the site adaptation and other architectural or engineering services involved in reuse of the prototype, that architect or engineer will be entitled to use Consultant's sub-consultants on the same basis that Consultant Page 42 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 17 CRC 12-11-2020 would have been entitled to use them for the work on the reuse of the prototype, and such architect or engineer will be entitled, to the extent allowed by law, to duplicate the design and review and refer to the construction documents, approved shop drawings and calculations, and change order drawings in performing its work. The Consultant will not be responsible for errors and omissions of a subsequent architect or engineer. The Consultant shall commit its subconsultants to the terms of this subparagraph. The provisions of this section shall survive termination of this Contract. 12.05 In the event of termination of this Contract for any reason, the City shall receive all Work Product and original documents prepared to the date of termination and shall have the right to use those documents and any reproductions in any way necessary to complete the Project. 12.06 Only the details of the drawings relating to this Project may be used by the Consultant on other projects, but they shall not be used as a whole without written authorization by the City. The City-furnished forms, conditions, and other written documents shall not be used on other projects by the Consultant. ARTICLE XIII TERMINATION 13.01 The City may terminate this Contract at any time upon thirty (30) calendar days written The Consultant shall be compensated for the services satisfactorily performed prior to the termination date. 13.02 If, through any cause, the Consultant fails to fulfill its obligations under this Contract, or if the Consultant violates any of the agreements of this Contract, the City has the right to terminate this Contract by giving the Consultant five (5) calendar days written notice. The Consultant will be compensated for the services satisfactorily performed prior to the termination date. 13.03 No term or provision of this Contract shall be construed to relieve the Consultant of liability to the City for damages sustained by the City because of any breach of contract and/or negligence by the Consultant. The City may withhold payments to the Consultant for the purpose of setoff until the exact amount of damages due the City from the Consultant is determined and paid. ARTICLE IV MISCELLANEOUS TERMS 14.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 14.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: Page 43 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 18 CRC 12-11-2020 City of College Station Attn: _________________ Attn: _______________________ PO BOX 9960 ____________________________ 1101 Texas Ave ____________________________ College Station, TX 77842 ____________________________ ______________@cstx.gov ____________________________ 14.03 No action or failure to act by the City shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. No waiver of any provision of the Contract shall be of any force or effect, unless such waiver is in writing, expressly stating to be a waiver of a specified provision of the Contract and is signed by the party to be bound thereby. In addition, no waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition and shall not in any way limit or waive that party thereafter to enforce or compel strict compliance with the Contract or any portion or provision or right under the Contract. 14.04 This Contract represents the entire and integrated contract between the City and the Consultant and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 14.05 This Contract and all rights and obligations contained herein may not be assigned by the Consultant without the prior written approval of the City. 14.06 Invalidity. If any provision of this Contract shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Contract with legal terms and conditions approximating the original intent of the parties. 14.07 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Contract as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Contract excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Contract without necessity of additional consideration. James Smith, PE jsmith Jones & Carter, Inc. Brian Dobiyanski, PE 150 Venture Drive Suite 100 College Station, Texas 77845 bdobiyanski@jonescarter.com Page 44 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 19 CRC 12-11-2020 14.08 The Consultant, its agents, employees, and subconsultants must comply with all applicable federal and state laws, the charter and ordinances of the City of College Station, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Consultant must obtain all necessary permits and licenses required in completing the services required by this Contract. 14.09 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. If there is a conflict between a provision in any documents provided by Consultant made a part of this Contract and any other provision in this Contract, the latter controls. 14.10 This Contract goes into effect when duly approved by all the parties hereto. 14.11 Notice of Indemnification. City and Consultant hereby acknowledge and agree that this Contract contains certain indemnification obligations and covenants. 14.12 Verification No Boycott Israel. To the extent this Contract is considered a contract for goods or services subject to §2270.002 Texas Government Code, Consultant verifies that it i) does not boycott Israel and ii) will not boycott Israel during the term of this Contract. Page 45 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter Page 20 CRC 12-11-2020 List of Exhibits A. Scope of Services B.Payment Schedule C Certificates of Insurance CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: Title: Date: By: APPROVED: Printed Name: Title:______________________________ City Attorney Date: __________________ Date:________________ Assistant City Manager/CFO Date: __________________ JONES & CARTER, INC. Page 46 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter CRC 12-11-2020 EXHIBIT A SCOPE OF SERVICES Page 47 of 62 Page 48 of 62 Page 49 of 62 Page 50 of 62 Page 51 of 62 Page 52 of 62 Page 53 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter CRC 12-11-2020 EXHIBIT B PAYMENT TERMS Compensation is based on actual hours of work/time devoted to providing the described professional services. The Consultant will be paid at a rate of $ per hour, or at the rates per service or employee shown below. The City will reimburse the Consultant for actual, non-salary expenses at the rate of percent ( %) above the written change order, the total payment for all invoices on this job, including both salary and non- salary expenses, shall not exceed the amount set forth in paragraph 2.01 of this Contract: ($ ). The Consultant must submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. -OR- Payment is a fixed fee in the amount listed in paragraph 2.01 of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The Consultant may submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. Schedule of Payment for each phase: Page 54 of 62 Page 55 of 62 Contract No.__________ A&E Professional Services with Construction Jones & Carter CRC 12-11-2020 EXHIBIT C CERTIFICATE(S) OF INSURANCE Page 56 of 62 Page 57 of 62 Page 58 of 62 January 28, 2021 Item No. 5.1. College Station Retail Recruitment Strategy Sponsor:Aubrey Nettles, Assistant Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the City of College Station's retail recruitment strategy. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): Staff recommends Council observe the presentation and offer feedback. Summary: This item was requested by Council Member Harvell on December 10, 2020. The City of College Station began working with The Retail Coach and adopted a retail recruitment strategy under the direction of Economic Development Director Natalie Ruiz in 2015. Since that time, retail has flourished in College Station, including the recognition of a secondary retail market in south College Station. With the onset and longevity of COVID-19, the city’s retail strategy has pivoted as necessary to sustain existing businesses and backfill vacated spaces while continuing to actively recruit new retail opportunities. Staff will give insight into our recruitment strategy, while also highlighting national retail forecasts for 2021. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 59 of 62 January 28, 2021 Item No. 5.2. Renaming Castlegate Basketball Court Sponsor:Colin Killian, Communications and Marketing Reviewed By CBC:Parks & Recreation Board Agenda Caption:Presentation, discussion, and possible action on a resolution to name the basketball court in Castlegate Park to the Alex Caruso Basketball Court. Relationship to Strategic Goals: Core Services and Infrastructure Neighborhood Integrity Recommendation(s): The Parks & Recreation Advisory Board recommended the renaming of the court, 7 in favor and 1 abstained. Summary: Local basketball phenom, Alex Caruso, grew up playing and honing his skills on the court in Castlegate Park near his home. Caruso went on to play for Texas A&M University and won an NBA championship with the Lakers in 2020. Local community leaders would like to see his name honored through this renaming. Budget & Financial Summary: None. Reviewed & Approved by Legal: No Attachments: 1.Resolution Page 60 of 62 RESOLUTION NO. ________Page 1 of 1 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE NAMING OF THE BASKETBALL COURT LOCATED IN CASTLEGATE PARK AT 4455 CASTLEGATE DR., COLLEGE STATION, TEXAS, “ALEX CARUSO COURT”. WHEREAS, in 2020, Alex Caruso became the first homegrown College Station athlete to earn a professional world championship, helping the Los Angeles Lakers to the NBA title as the starting point guard in the title game; and WHEREAS, Caruso grew up across the street from the basketball court located in Castlegate Park and spent countless hours as a youngster learning the game and practicing there; and WHEREAS, Caruso has an outstanding high school athletic career at A&M Consolidated High School, leading the Tigers to a school-record number of wins; and he went on to star at Texas A&M, leading the Aggies to a school-record 28 victories as a senior; and WHEREAS, Caruso has proven to be an outstanding citizen and role model whose wholesome image and standout accomplishments have brought distinction and credit to his family, Texas A&M, and the College Station community; and WHEREAS, the name “Alex Caruso Court” commemorates the historical, cultural, and social significance for future generations, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the facts and recitations set forth in the preamble of this Resolution are declared true and correct. PART 2:That the City Council in order to commemorate the contributions of Alex Caruso hereby approves the designation of the basketball court in Castlegate Park at 4455 Castlegate Drive, College Station, Texas, as “Alex Caruso Court.” PART 3:That this Resolution shall take effect immediately from and after its passage. ADOPTED this _______ day of ________________________, 20__. ATTEST:APPROVED: _______________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 61 of 62 January 28, 2021 Item No. 5.3. Update on COVID-19 Pandemic and Vaccine Distribution Sponsor:Brian Piscacek, Assistant to the City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an update on the COVID- 19 pandemic and vaccine distribution. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommend Council receive the presentation and provide direction as desired. Summary: The Council has requested information related to the ongoing COVID-19 pandemic and the status of vaccine distribution. Staff provided a presentation to that end during the January 14, 2020, Regular Meeting. In the subsequent discussion, Council directed staff to provide additional updates at regular intervals. This presentation will summarize the latest developments related to vaccine distribution and the impacts of COVID-19 in our community. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 62 of 62