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HomeMy WebLinkAbout04/14/2016 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers7:00 PMThursday, April 14, 2016 1. Pledge of Allegiance, Invocation, Consider absence request. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping " items required by law. Items may be removed from the consent agenda by majority vote of the Council. Presentation, possible action, and discussion of minutes for: • March 31, 2016 Workshop • March 31, 2016 Regular 16-02052a. Sponsors:Mashburn WKSHP033116 DRAFT Minutes.docx RM033116 DRAFT Minutes.docx Attachments: Presentation, possible action, and discussion on purchase quote with Med-Eng, LLC for the purchase of two (2) new Explosive Ordinance Device suits for a total amount of $64,247.98. 16-01592b. Sponsors:Norris MedEng Bomb Suit Quote.pdf EOD 10 Sole Source Letter - January 2016.pdf Attachments: Presentation, possible action, and discussion regarding approval of 16-01782c. Page 1 College Station, TX Printed on 4/8/2016 April 14, 2016City Council Regular Meeting Agenda - Final a professional services contract #15300410 with Dunham Engineering for $50,000 to provide design services to recoat four clarifiers at the Carters Creek Wastewater Treatment Plant. Sponsors:Coleman Presentation, possible action, and discussion on a construction contract with Progressive Commercial Aquatics, Inc. for $79,722 for painting and repairs to the Adamson Lagoon flume slides and slide structures. 16-01832d. College Station Adamson repaint 16300350 Progressive Commercial Swim - reduced Attachments: Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, TexPool. 16-01882e. Sponsors:Kersten TEXPOOL ResolutionAttachments: Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, Texas Short Term Asset Reserve (“TexSTAR”). 16-01892f. Sponsors:Kersten TEXSTAR ResolutionAttachments: Presentation, possible action, and discussion regarding a Real Estate Contract with Red Rock Alchemy, LLC conveying 5.621 acres of City property described as Lots 6-14, Block 1 of the Pooh's Park Subdivision Section One located at Holleman Drive at Lassie Lane in the amount of $2,495,000. 16-01962g. Sponsors:Ruiz and Eller Holleman Property - Location Map Real Estate Contract - Holleman Attachments: Presentation, possible action, and discussion to ratify an agreement between McAlister Opportunity Fund 2012, LP, and the City of College Station designating a two -acre site within the Brazos County Municipal Utility District #1 as a possible option site for a future fire station 16-01972h. Sponsors:Hurt Option Site Agreement Executed.pdfAttachments: Presentation, possible action, and discussion on an ordinance amending Chapter 10, Traffic Code, Section 3, F., Temporary Speed Limits Established for Certain Described Streets, Traffic 16-01982i. Page 2 College Station, TX Printed on 4/8/2016 April 14, 2016City Council Regular Meeting Agenda - Final Schedule XIII - Temporary Speed Limits Speed Limits, of the College Station Code of Ordinances by amending the posted speed limit on FM 2154 between Mile Post 15.513 to Mile Post 15.994 to 50 mph and Greens Prairie Trail from the intersection with FM 2154 to Flagstone Court to 35 mph for the duration of the Texas Department of Transportation managed FM 2154 & Greens Prairie Trail Intersection Improvements project when reduced speed limit signs are posted. Sponsors:Harmon FM 2154Temporary Speed Limit Reduction Ordinance.docx Project Map.pdf Attachments: Presentation, possible action, and discussion regarding approval of the construction contract (Contract No. 16300229) with Brazos Paving in the amount of $1,099,608.81 for the Luther Street Rehabilitation Project. 16-01992j. Sponsors:Harmon Project Map.pdfAttachments: Presentation, possible action, and discussion on a construction contract (Contract No. 16300230) with Larry Young Paving in the amount of $3,935,724.15 for the construction of the Rock Prairie Road Widening Project. 16-02002k. Sponsors:Harmon Rock Prairie West location map GIS.pdfAttachments: Presentation, possible action, and discussion regarding approval of a Professional Services Contract (No. 16300135) with Halff Associates Inc. in the amount of $389,509 for the professional engineering services related to design and associated construction phase services of the Veterans Park and Athletic Complex Build-Out, Phase 1. 16-02012l. Sponsors:Harmon Presentation, possible action, and discussion regarding approval of a resolution allowing the mayor to sign an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the City of College Station ’s cost participation in the TXDOT FM 2154 and Green’s Prairie Trail Intersection Improvements project. 16-02022m. Sponsors:Harmon 2 RES TXDOT-revised 452015.docx Partially_Execute AFA_FM2154_0540-04-072_CoCS.pdf Project Map.pdf Attachments: Page 3 College Station, TX Printed on 4/8/2016 April 14, 2016City Council Regular Meeting Agenda - Final Regular Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public hearing.· The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. APPROVED _____________________ City Manager I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on April 8, 2016 at 5:00 p.m. _____________________ City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. Page 4 College Station, TX Printed on 4/8/2016 April 14, 2016City Council Regular Meeting Agenda - Final If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 5 College Station, TX Printed on 4/8/2016 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0205 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:4/4/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion of minutes for: • March 31, 2016 Workshop • March 31, 2016 Regular Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:WKSHP033116 DRAFT Minutes.pdf RM033116 DRAFT Minutes.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: • March 31, 2016 Workshop • March 31, 2016 Regular Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: • March 31, 2016 Workshop • March 31, 2016 Regular College Station, TX Printed on 4/8/2016Page 1 of 1 powered by Legistar™ WKSHP033116 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION MARCH 31, 2016 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: TAMU Student Liaison Blanche Brick Wayne Beckermann, VP/Municipal Affairs Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham, absent City Staff: Kelly Templin, City Manager Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Ian Whittenton, Records Management Administrator Tanya McNutt, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Berry at 4:30 p.m. on Thursday, March 31, 2016 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 7784 0. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072- Real Estate, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:30 p.m. on Thursday, March 31, 2016 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:  Juliao v. City of College Station, Cause No. 14-002168-CV-272, in the 272nd District Court of Brazos County, Texas WKSHP033116 Minutes Page 2  City of College Station, Texas, v. Embrace Brazos Valley, Inc., Cause No. 15-000804-CV- 85, In the 85th Judicial District Court, Brazos County, Texas. B. Consultation with Attorney to seek legal advice; to wit:  Legal advice related to the proposed economic development non-profit corporation  Legal issues related to the contracts associated with the Enterprise Resource Planning (ERP) System  Legal advice related to a pole attachment collection matter  Legal issues related to the City’s funding of and possible guarantee for a lease for certain funding partners C. Deliberation on the purchase, exchange, lease, or value of real property; to wit:  Property located generally in the west side ETJ area adjacent to the College Station, Brazos County, Texas, city limits on North Dowling Rd. D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  Council Self Evaluation The Executive Session adjourned at 6:15 p.m. 3. Take action, if any, on Executive Session. MOTION: Upon a motion made by Councilmember Mooney and seconded by Councilmember Aldrich, the City Council voted six (6) for and none (0) opposed, to authorize the City Manager to negotiate a reasonable and favorable settlement in the pole attachment collection matter and authorize the City Manager to execute all documents to complete the settlement. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Berry, the City Council voted six (6) for and none (0) opposed, to approve and ratify the terms of a settlement agreement between the City and Embrace Brazos Valley to settle: City of College Station Texas v. Embrace Brazos Valley, Inc.; Cause No. 15-000804-CV-85, in the 85th Judicial District Court of Brazos Count, Texas, for the proceeds from the sale of 4205 Cedar Creek Ct, Lot 3 Block 2 of Creek Meadows, Sec 4, Phase 1 in College Station, Texas and give the City Manager authority to execute and approve any documents relate to the settlement. 4. Presentation, possible action, and discussion on items listed on the consent agenda. (2f): Jeff Kersten, Assistant City Manager, gave clarification on the certificate of obligation process. (2h): Donald Harmon, Director of Public Works and David Schmitz, Director of Parks and Recreation, gave clarification on public engagement with regards to the design of the Larry J. Ringer library expansion project. WKSHP033116 Minutes Page 3 5. Presentation, possible action, and discussion relating to receiving the annual audit reports and Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2015. Jeff Kersten, Assistant City Manager, introduced Jimmy Ingram of Ingram, Wallis & Associates, who presented the results of the fiscal year 2015 audit and the 2015 CAFR. This item was presented to the Audit Committee on March 29th. The reports provide a summary of the City's financial position as of September 30, 2015. 6. Presentation, possible action, and discussion regarding the status of the Fun For All Park Project. David Schmitz, Director of Parks and Recreation, reported that the Fun for All Park Project will be designed as a new all-abilities fully accessible park to provide inclusive play for everyone. The improvements will be added to the existing Stephen C. Beachy Central Park and will be constructed primarily by funds donated by charitable civic groups, as well as private citizens. The design contract is included on the consent agenda. Budget for the design of the Fun for All Park Project is included in the Community Park Land Zone C Fund and the Neighborhood Park Land Zone 3 Fund. Mr. Schmitz also introduced Werner Rose, College Station Rotary, and David Gerling and Craig Griffith, College Station Noon Lions, who gave an update on organizing, planning, and community engagement activities related to the fundraising for this project. They reported over $1,000,000 in cash and pledges with over $465,000 of that having already been received. 7. Council Calendar Council reviewed the calendar. 8. Presentation, possible action, and discussion on future agenda items: a Councilmember may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any delibe ration shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There were no future agenda items. 9. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Annexation Task Force, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Convention & Visitors Bureau, Design Review Board, Economic Development Committee, Gigabit Broadband Initiative, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, WKSHP033116 Minutes Page 4 Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Twin City Endowment, Youth Advisory Council, Zoning Board of Adjustments, Mayor Berry reported on the Research Valley Partnership. Councilmember Nichols reported on the Convention and Visitors Bureau. Councilmember Brick reported on the Transportation and Mobility Committee. Councilmember Nichols noted that National Public Health Week is April 4th-10th. Councilmember Mooney reported that on April 5, the YMCA Natatorium Advisory Council will visit a current YMCA in the Woodlands for planning purposes. Councilmember Aldrich noted that the Arts Council of the Brazos Valley will host Boots and BBQ on April 2nd. 10. Adjournment There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 7:04 p.m. on Thursday, March 31, 2016. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM033116 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION MARCH 31, 2016 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham, absent City Staff: TAMU Student Liaison Kelly Templin, City Manager Wayne Beckermann, VP/Municipal Affairs Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Ian Whittenton, Records Management Administrator Tanya McNutt, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called t o order by Mayor Berry at 7:15 p.m. on Thursday, March 31, 2016 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Moony, the City Council voted six (6) for and none (0) opposed, to approve the Absence Request by Councilmember Benham. The motion carried unanimously. 1. Pledge of Allegiance, Invocation, consider absence request. Presentation Proclamation recognizing National Community Development Week. Mayor Berry presented the proclamation to Community Development staff, proclaiming March 28 – April 2 as National Community Development Week. RM033116 Minutes Page 2 Mayor Berry accepted a gift from the City of Koriyam, Japan, presented by Layne and Keiko Westover, in gratitude for College Station families who hosted ten Japanese middle school and high school students during the past week. Hear Visitors Comments Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Staff Sgt. Roland L. Castro. Robert Rose, 3201 Walnut Creek Ct., Bryan, came before council to raise the awareness of air quality monitoring in College Station and request that council consider monitoring stations. Buck Prewitt, 2302 Scotney Court, came before council to request that council consider postponing a decision and conduct additional stakeholder meetings on the issue of concrete paving standards. He also requested that the Impact Fee Advisory Committee include a member of the Bryan-College Station Home Builders Association. Stephan Turner, 2901 Camille Dr., stated that she does not believe traffic patterns have been improved nor safety enhanced at Brothers Boulevard into the Southwood Valley Elementary School by Ordinance 2015-3714 and requested that Council take appropriate action to determine whether its goals were met after the implementation of the new traffic pattern. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  March 10, 2016 Workshop  March 10, 2016 Regular Meeting 2b. Presentation, possible action, and discussion on approval of a construction contract with Jamail and Smith Construction, LP; in the amount of $137,644.43, for installation of new chain link fence and wood decking at Bee Creek, Jack and Dorothy Miller, Luther Jones, Central, and Wolf Pen Creek Parks. 2c. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and H&B Construction, LTD. in the not to exceed amount of $1,500,000 for Annual Electric System Construction & Maintenance Labor. 2d. Presentation, possible action, and discussion on a bid award for the purchase of various electric capacitor banks which will be maintained in electrical inventory and expended as needed. The total recommended award is $52,425 and will be awarded to the lowest responsible bidder. 2e. Presentation, possible action, and discussion on the first renewal of a price agreement with Techline, Inc., for the annual purchase of wire and cable not to exceed $659,700. RM033116 Minutes Page 3 2f. Presentation, possible action, and discussion to approve Resolution 03-31-16-2f, by the City Council of the City of College Station, Texas, directing publication of notice of intention to issue certificates of obligation, series 2016; and providing an effective date. 2g. Presentation, possible action, and discussion regarding a Professional Services Contract (Contract No. 16300291) with Luna Architecture & Design, Inc. in the amount of $207,390 for the professional engineering services related to the design of the Fun for All Park Project. 2h. Presentation, possible action, and discussion regarding the approval of a Professional Services Contract (Contract No. 16300336) with Komatsu Architecture in the amoun t of $727,453 for the design, bidding, and construction administration for the Larry J. Ringer Library Expansion project. 2i. Presentation, possible action, and discussion regarding approval of a construction contract (Contract No. 16300237) with SJ&J Construction, LLC in the amount of $167,088 for the Southland Drainage Improvements project. 2j. Presentation, possible action, and discussion regarding a Professional Services Contract (No. 16300323) with Mitchell & Morgan, LLP. in the amount of $944,474 for the professional engineering services related to the preliminary and final design and associated construction phase services of the Lakeway Drive-Pebble Creek Parkway Extension Project, and approval of Resolution 03-31-16-2j, declaring intention to reimburse certain expenditures with proceeds from debt. 2k. Presentation, possible action, and discussion on a Professional Services Contract (No. 16300034) with Don Durden, Inc. dba Civil Engineering Consultants in the amount of $58,000 for the Preliminary Engineering Report related to Southside Improvements: Park Place, Holik, Glade, and Anna Streets Project. 2l. Presentation, possible action, and discussion to approve an Interlocal Agreement between City of College Station and Wellborn Special Utility District for the cost participation in relocation of Wellborn Special Utility District infrastructure due to the roadway improvements at Greens Prairie Trail and FM 2154. 2m. Presentation, possible action, and discussion on Ordinance 2016-___, amending Chapter 1, "General Provisions" Section 17 "Certain Acts Prohibited on Public and Private Property" of the Code of Ordinances of the City of College Station, Texas prohibiting the distribution of handbills on public facilities, providing a severability clause, declaring a penalty, and providing an effective date. Mayor Berry noted that item 2m was pulled from the agenda and will be considered at a later date. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Shultz, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda, less item 2m. The motion carried unanimously. REGULAR AGENDA RM033116 Minutes Page 4 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3755, amending Chapter 10, “Traffic Code,” of the Code of Ordinances of the City of College Station, Texas, to remove parking along the 500 Block of First Street and the 200 Block of Spruce Street. Danielle Singh, Planning and Development, reported that this item amends Chapter 10 “Traffic Code,” by removing parking from the 500 Block of First Street and the 200 Block of Spruce Street. The parking removal is needed to allow aerial fire access to the Sterling Northgate Apartments (currently under development). Letters were mailed to the property owners adjacent to the parking removal. Additionally, on March 1. The applicant held a meeting with the property owners to discuss the parking removal. At approximately 7:42 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:42 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3755, amending Chapter 10, “Traffic Code,” of the Code of Ordinances of the City of College Station, Texas, to remove parking along the 500 Block of First Street and the 200 Block of Spruce Street. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3756, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to PDD Planned Development District for approximately 2 acres being A&M Super Storage at Wellborn, Block 1, Lot 1, College Station, Brazos County, Texas, located at 4000 Greens Prairie Road West, generally located near the intersection of Wellborn Road and Greens Prairie Road West. Jessica Bullock, Planning and Development, reported that the applicant is requesting a Planned Development District zoning on approximately two acres to expand an existing commercial use in the Wellborn Community. The site is currently developed as A&M Super Storage, which started when the property was located in the Extraterritorial Jurisdiction (ETJ). The PDD uses a base zoning district of Suburban Commercial and aims to make the current use and some development characteristics conforming such as setbacks, single- family height protection, signage, covered/uncovered storage, and paving standards. The Planning and Zoning Commission considered this item on March 3 and voted 4-0-1 to recommend approval. At approximately 7:50 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:50 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3756, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," RM033116 Minutes Page 5 of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to PDD Planned Development District for approximately 2 acres being A&M Super Storage at Wellborn, Block 1, Lot 1, College Station, Brazos County, Texas, located at 4000 Greens Prairie Road West, generally located near the intersection of Wellborn Road and Greens Prairie Road West. The motion carried unanimously. 3. Presentation, possible action, and discussion on appointing a Capital Improvements Advisory Committee (aka Impact Fee Advisory Committee or "IFAC") to consider the imposition of a roadway impact fee. 4. Presentation, possible action, and discussion on appointing a Capital Improvements Advisory Committee (aka Impact Fee Advisory Committee or "IFAC") to consider the imposition of Water and/or Wastewater impact fee(s). Items 3 & 4 were presented and discussed together. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) against, to appoint the following to the Roadway Capital Improvements Advisory Committee (aka Roadway Impact Fee Advisory Committee): Planning and Zoning Commission, Randy French, and Don Hellriegel , as well as to appoint the following to the Water and/or Wastewater Capital Improvements Advisory Committee (aka Water and/or Wastewater Impact Fee Advisory Committee): Planning and Zoning Commission and Randy French, Don Hellriegel, and Roger Kirk Joseph. The motion carried unanimously. 5. Adjournment. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 8:15 p.m. on Thursday, March 31, 2016. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0159 Name:Bid Award to Med-Eng Status:Type:Bid Award Consent Agenda File created:In control:3/14/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion on purchase quote with Med-Eng, LLC for the purchase of two (2) new Explosive Ordinance Device suits for a total amount of $64,247.98. Sponsors:Brandy Norris Indexes: Code sections: Attachments:MedEng Bomb Suit Quote.pdf EOD 10 Sole Source Letter - January 2016.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on purchase quote with Med-Eng, LLC for the purchase of two (2) new Explosive Ordinance Device suits for a total amount of $64,247.98. Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure Recommendation(s): Staff Recommends Council Approval Summary: The Police Department's Bomb Unit is a regional asset that serves the City of College Station as well as all counties within the seven county Council of Governments region. The explosive ordinance device suits, or bomb suits, that the technicians are currently utilizing have expired and the suits must be replaced. The new suits that need to be purchased are the latest in the market and have a life of seven years, at which time new suits will need to be purchased again. Only one quote was received for this purchase because Med-Eng is a sole source provider of the bomb suits. Budget & Financial Summary: The total cost of $64,247.98 will provide two suits the bomb technicians. At this time, it is not believed that the Police Department's budget has the capacity to purchase the suits. However, it is of utmost importance that the bomb technicians be outfitted in unexpired safety equipment. The purchase of these suits can be made with the Police Department's seizure funds. If, upon a complete budget analysis, it is determined that one of the suits can be supported by the general Police Department budget, a transfer will be done at that time to replenish the seizure funds utilized. Attachments: 1. Copy of quote from Med-Eng 2. Sole Source Letter from Med-Eng College Station, TX Printed on 4/8/2016Page 1 of 2 powered by Legistar™ File #:16-0159,Version:1 College Station, TX Printed on 4/8/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0178 Name:Clarifier Recoat Design Status:Type:Contract Consent Agenda File created:In control:3/18/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion regarding approval of a professional services contract #15300410 with Dunham Engineering for $50,000 to provide design services to recoat four clarifiers at the Carters Creek Wastewater Treatment Plant. Sponsors:David Coleman Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a professional services contract #15300410 with Dunham Engineering for $50,000 to provide design services to recoat four clarifiers at the Carters Creek Wastewater Treatment Plant. Relationship to Strategic Goals: Core services and infrastructure Recommendation:Staff recommends approval of this contract. Summary: The Carters Creek Wastewater Treatment Plant has 8 clarifiers that allow solids to settle out of the water. They are large circular concrete basins that have conical bottoms and a rotating steel structure that sweeps the bottom and collects the solids, as well as weirs to allow clear water to flow out of the basin. In 4 of the clarifiers, these steel components were last painted 10 years ago, and they are due to be recoated, to extend their service life. This design contract will provide a bid package to recoat the steel components of clarifiers 2A, 2B, 3A, and 3B. The scope of the contract includes: •Engineering design specifications & drawings for construction/repairs. •Provide recommendation for lowest responsive bidder. •Inspect the construction to ensure work quality & contract compliance. •Review and recommend/approve Contractor pay applications. •Review and recommend/approve contract change orders, if needed. •Provide substantial completion inspection and create punch-list. •Provide warranty inspection prior to expiration, and coordinate completion of any required warranty repairs. Dunham Engineering has previous experience with this equipment and does an excellent job with projects like this. The Dunham President signed this contract in August 2015, but staff delayed the College Station, TX Printed on 4/8/2016Page 1 of 2 powered by Legistar™ File #:16-0178,Version:1 execution for operational reasons, and Dunham has confirmed they are still good with the price and scope. Staff recommends approval of the contract. Budget & Financial Summary: Funds are available in the Wastewater Operations Budget. Reviewed and Approved by Legal:Yes Attachment: Contract available in City Secretary’s office College Station, TX Printed on 4/8/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0183 Name:Construction Contract # 16300350 Painting and Repair of Adamson Lagoon Slide Status:Type:Presentation Consent Agenda File created:In control:3/24/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion on a construction contract with Progressive Commercial Aquatics, Inc. for $79,722 for painting and repairs to the Adamson Lagoon flume slides and slide structures. Sponsors: Indexes: Code sections: Attachments:College Station Adamson repaint 16300350 Progressive Commercial Swim - reduced Action ByDate Action ResultVer. Presentation, possible action, and discussion on a construction contract with Progressive Commercial Aquatics, Inc. for $79,722 for painting and repairs to the Adamson Lagoon flume slides and slide structures. Relationship to Strategic Goal:Neighborhood Integrity; Diverse Growing Economy Recommendation(s):Staff recommends approval and award of the construction contract with Progressive Commercial Aquatics, Inc.; for the painting of Adamson Lagoon slide structure and flumes, in the amount of $79,722 and twenty five (25) construction days. Summary:The proposed contract includes repainting both slides; inside and out. Repair of any fiberglass, re-caulking the seams of each slide, and checking bolts and replacing where needed. In addition, the entire metal slide structure itself will be sanded, primed, and repainted. Budget & Financial Summary:Progressive Commercial Aquatics, Inc.; a Buy Board Contractor, was asked to submit a quote for the repair and painting of both flumes, as well as the metal slide structure at Adamson Lagoon. Buy Board Contractors vendors have been competitively procured, so members automatically have compliance with Texas local and state procurement requirements. Funds are available from the general fund allocated through the SLA process of the FY ‘16 budget. Attachments: 1. Painting and refurbishing Proposal 2. Construction Contract with Progressive Commercial Aquatics, Inc., (on file in the City Secretary’s College Station, TX Printed on 4/8/2016Page 1 of 2 powered by Legistar™ File #:16-0183,Version:1 Office) College Station, TX Printed on 4/8/2016Page 2 of 2 powered by Legistar™ Project Name: Adamson Lagoon Slides Attn: Amy Atkins Date: 3/16/16 Buyboard#451-14 Quote:  $45,000.00 ---BOTH Slides Refinished inside and out with the color of their choosing. Seams removed and re-caulked, any fiberglass repair work, bolts checked, and replaced where needed.  $32,400.00— Slide Structure sand/prime/repaint.  Since Payment Performance Bond is needed please add 3% to the total which is $2,322.  Estimated time to complete the slide resurfacing and structure would be between 20-25 days.  Buyboard Hourly Rate is $95/hr plus all materials and travel. Refinishing Projects are all custom to each facility so each facility is quoted based on amount of labor, materials and travel. Grand Total with Bond: $79,722 Myles Phelps Progressive Commercial Aquatics, Inc. 15616 Schmidt Loop Manor, Texas 78653 (512) 278-0801 Fax (512) 350-2154 Website www.proaquatic.com E-MailTPHELPS4@austin.rr.com Form Revised on 7-10-12 Contract No. 16300350 Page 1 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT CONTRACT NO. 16300350 This Agreement is entered into by and between the City of College Station, a Texas home-rule municipal corporation (the “City”) and Progressive Commercial Aquatics, Inc., a corporation (the “Contractor”), for the construction and/or installation of Painting and Repair of Adamson Lagoon Slides. 1. DEFINITIONS 1.01. Calendar Day. A "calendar day" is any day of the week or month, no days being excepted. 1.02. City. Whenever the word "City" is used, it shall mean and be understood as referring to the City of College Station, Texas. 1.03. City's Representative. Whenever the words "City's Representative" or "Representative" are used, it shall mean and be understood as referring to the City Manager or his delegate, who shall act as City's agent. The City's Representative may inspect and issue instructions but shall not directly supervise the Contractor. 1.04. Contract Amount. The term “Contract Amount” shall mean the amount of Contractor’s lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor’s Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices times the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. 1.05. Contract Documents. The term "Contract Documents" shall mean those documents listed in Paragraph 2.01. 1.06. Contractor. Whenever the word "Contractor" is used, it shall mean the person(s), partnership, or corporation who has agreed to perform the work embraced in this Agreement and the other Contract Documents. 1.07. Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.08. Final Completion. The term "Final Completion" shall mean that all the work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. 1.09. Interpretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.10. Nonconforming work. The term "nonconforming work" shall mean work or any part thereof that is rejected by City 's Representative as not conforming with the Contract Documents. 1.11. Parties. The "parties" are the City and the Contractor. Form Revised on 7-10-12 Contract No. 16300350 Page 2 1.12. Project. The term "Project" shall mean and include all that is required to obtain a final product that is acceptable to the City. The term "work" shall have like meaning. 1.13. Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contact with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.14. Substantially Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including retainage, however, shall be withheld until Final Completion and acceptance of the work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.15. Work. The term "work" as used in this Agreement shall mean and include all that is required herein to obtain a final product that is acceptable to the City. The term "Project" shall have like meaning. This Project includes the following: Painting and repair of the Adamson Lagoon flume slides. 1.16. Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2. CONTRACT DOCUMENTS 2.01. The Contract Documents and their priority shall be as follows: 2.01.01. This signed Agreement 2.01.02. Addendum to this Agreement 2.01.03. General Conditions 2.01.04. Special Conditions 2.01.05. Technical specifications 2.01.06. Drawings 2.01.07. Instructions to Bidders and any other notices to Bidders or Contractor 2.01.08. Performance bond, Payment bonds, Bid bonds and Special bonds 2.01.09. Contractor's Proposal 2.02. Where applicable, the Contractor will be furnished three (3) sets of plans, drawings, specifications, and related Contract Documents for its use during construction. Plans and specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03. The Contractor shall distribute copies of the plans and specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the plans and specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04. All drawings, specifications, and copies thereof furnished by the City shall not be re-used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the plans and specifications and “as built” drawings, are to be returned to the City on request at the completion of the work. All Contract Documents, models, mockups, or other representations are the property of the City. In the event of inconsistencies within or between parts of the Contract Documents, the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more stringent requirement, either or both in accordance with the City’s interpretation. The terms and conditions Form Revised on 7-10-12 Contract No. 16300350 Page 3 of this Clause 2.04, however, shall not relieve the Contractor of any of the obligations set forth in Paragraphs 8.01. and 8.02. 3. AWARD OF CONTRACT 3.01. Upon the award of the contract by the City Council, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents, bonds, and certificates of insurance required herein. 3.02. Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the work in the most expedient and efficient possible manner in order to complete the work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the Project shall be commenced on the date to be specified in the notice to proceed. The notice to proceed may be given by oral notification or set by City's Representative at the post-contract award conference. The notice to proceed may not be given, nor may any work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments, particularly those required under Paragraphs 27 and 28 (Insurance & Bonds). 3.03. Contract Amount. Except in the event of a duly authorized change order approved by the City as provided in this Contract, and in consideration of the Contractor’s final completion of all work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed Seventy Nine Thousand Seven Hundred Twenty Two and 00/100 Dollars ($79,722.00). 4. CITY'S REPRESENTATIVE 4.01. The Contractor shall forward all communications, written or oral, to the City through the City's Representative. 4.02. The City's Representative may periodically review and inspect the work of the Contractor. 4.03. The City's Representative shall appoint, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the work performed under this Agreement and ensure that said work is performed in accordance with the plans and specifications. 4.04. The Contractor shall regard and obey the directions and instructions of City's Representative, any subordinate supervisors or inspectors appointed by the City provided such directions and instructions are consistent with the obligations of this Agreement. 4.05. Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may, within two (2) days from receipt of such order, make written appeal to City's Representative for his decision. Form Revised on 7-10-12 Contract No. 16300350 Page 4 5. INDEPENDENT CONTRACTOR 5.01. In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the work on the Project. The Contractor shall have ultimate control over the execution of the work under this Agreement. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Agreement. 5.02. The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the work and fulfillment of this Agreement. The subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project during the progress of the work a competent Project Manager and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors. All directions given to the Project Manager shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5.03. Unless otherwise stipulated, the Contractor shall provide and pay for all labor, materials, tools, equipment, transportation, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the work by the Contractor. It shall be the responsibility of the Contractor to furnish a completed work product that meets the requirements of the City. Any additional work, material, or equipment needed to meet the intent of this specification shall be supplied by the Contractor without claim for additional payment, even though not specifically mentioned herein. 5.04. Any injury or damage to the Contractor or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6. DISORDERLY EMPLOYEES The Contractor agrees to employ only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City's Representative shall inform the Contractor in writing that any person or persons on the work are, in his opinion, incompetent, unfaithful, or disorderly, such person or person shall be discharged from the work and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7. HOURS OF WORK The Contractor may work Monday through Friday from 7 a.m. to 6 p.m., exclusive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime, weekends, and holidays only when approved in advance by the City's Representative. The time for Substantial Completion shall not be affected in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. 8. NATURE OF THE WORK 8.01. It is understood and agreed that the Contractor has, by careful examination, studied and compared the various Drawings and other Contract Documents, satisfied itself as to the nature and location of the Form Revised on 7-10-12 Contract No. 16300350 Page 5 work, the conditions of the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the work, the time needed to complete the work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any work on the Project that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02. Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the City, but it is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or which reasonably should have been discovered or made known to the Contractor shall be reported promptly to the City. 8.03. If the Contractor fails to perform the obligations of Paragraphs 8.01. and 8.02., the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the City for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized or reasonably should have recognized such error, inconsistency, omission or difference and knowingly failed to report it to the City. 9. POST-AGREEMENT AWARD MEETINGS 9.01. Prior to the commencement of the work, the parties shall meet and attend a post-agreement award meeting at the time and place determined by City's Representative. At the post-agreement award meeting, the parties shall meet, discuss, and finalize all schedules, including commencement date, and/or specifications submitted for review. No later than ten (10) days prior to the post-agreement award meeting, the Contractor shall submit to City's Representative the following documents: (a) Schedules of work contemplated, including the starting and ending date, as well as an indication of the completion of stages of work hereunder. (b) The names and addresses of all proposed subcontractors in writing. (c) Schedules of the starting and ending dates of subcontractors and the scope of work contemplated for subcontractors. (d) Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Project Superintendent/Manager. (e) For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the submission thereof. (f) Where applicable, materials procurement schedules and material supplier names, addresses and phone numbers. Form Revised on 7-10-12 Contract No. 16300350 Page 6 9.02. The City's Representative, within five (5) working days after the initial post-agreement award conference or any other meetings, may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall thereafter sign the minutes and promptly return them to City's Representative. Where there is disagreement, City's Representative will make the final determination. 10. PROGRESS OF WORK 10.01. Unless otherwise specifically provided, the Contractor shall prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conducive to the economy of the Project; provided, however, that the order and time of prosecution shall be such that the Project shall be Substantially Completed in accordance with this Agreement, the plans and specifications, and within the time of completion designated in the schedules agreed upon by the parties. 10.02. Further, the parties shall be subject to the following: (a) The Contractor shall submit a progress schedule and payment schedule of the work contemplated by this Agreement at the initial post-agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's schedule submitted herein. The Contractor shall promptly resubmit a revised schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the work with dates at which the Contractor will start the several parts of the work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the work is not in accordance with the approved progress and payment schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03. The process of approving Contractor’s schedules and updates to Contractor’s schedules shall not constitute a warranty by the City that any non-Contractor milestones or activities will occur as set out in the Contractor’s schedules. Approval of a contractor’s schedules does not constitute a commitment by the City to furnish any City-furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a Claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance Form Revised on 7-10-12 Contract No. 16300350 Page 7 with the requirements of the construction schedules and shall promptly advise the City of any delays or potential delays. In the event any schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04. Work Stoppage. If in the judgment of either the City or City's Representative any of the work or materials furnished is not in strict accordance with this Agreement or any portion of the work is being performed so as to create a hazardous condition, they may, in their sole discretion, order the work of the Contractor or any sub contractor wholly or partially stopped until any objectionable person, work, or material is removed from the premises. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement, including the time of performance and deadlines therefore, nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. 11. SITE CONDITIONS AND MANAGEMENT 11.01. Where the Contractor is working around or in existing structures, it shall verify conditions at the site, including but not limited to, door openings and passages. Any items constructed or manufactured off-site or outside of buildings shall be done so that they are not too bulky for existing facilities. The Contractor shall provide special apparatus as required to handle any such items. All special handling equipment charges shall be at the Contractor's expense. Further, Contractor shall include in its price for the Work, all labor, materials, equipment and/or engineering services required to protect the adjacent properties and/or structures from damage due to performance of the Work. 11.02. The Contractor shall be responsible for all power, light, and water required to perform the work. 11.03. Throughout the progress of the work, the Contractor shall keep the working area free from debris of all types, and remove from premises all rubbish, resulting from any work being done by him. At the completion of the work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied and charged back to the Contractor. 11.04. Layout of Work. Except as specifically provided herein, the Contractor shall lay out all work in a manner acceptable to City's Representative in accordance with applicable City of College Station codes and ordinances. City's Representative will review the Contractor's layout of all structures and any other layout work done by the Contractor at the construction meeting, or at the Contractor's request, but this review does not relieve the Contractor of the responsibility of accurately locating all work in accordance with the plans and specifications. 11.05. Lines and Grades. All lines and grades shall be furnished by the Contractor. Benchmarks and control stakes have been provided by the City’s Representative. All benchmarks and control stakes shall be carefully preserved by the Contractor. In case of destruction or removal of the same by the Contractor, its subcontractors, or employees, such stakes, marks, etc. shall be replaced by the Contractor at the Contractor's expense. If the Contractor fails to do so, the City may do so and charge back the Contractor. Additional construction staking as needed for the work, including lines and grades, shall be the sole responsibility of the Contractor, and the Contractor shall receive no extra time or compensation therefor. 11.06. Contractor's Structures. The building or locating of structures for housing men or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not damage the property where such structures are allowed and shall at all times maintain sanitary conditions in and about such structures in a manner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City, its property, or third persons as a result of the location or use of such structures. Form Revised on 7-10-12 Contract No. 16300350 Page 8 11.07. The Contractor and any entity over whom the Contractor has control shall not erect any sign on the Project site without the prior written consent of the City. 11.08. City may have other work related to the Project performed at the Project site during the time the Work is performed. Contractor should schedule its Work to coordinate with the work of other contractors and utilities with the understanding that some of that work may be performed at times other than as set out in the Contract Documents or as otherwise anticipated. City will endeavor to have such other work performed so as not to unduly interfere with Contractor's performance when Contractor notifies City of specific reasonable needs well in advance of those needs and where it is possible to do so. Although Contractor should anticipate some delays and interference to its sequence of Work because of work by other contractors and utilities, and will not be entitled to either an extension of time or additional compensation because of them, in the event of substantial delay caused by another contractor or a utility, after advance notice of its needs by Contractor, Contractor will be entitled to make a claim for an extension of time as provided herein. 11.09. When two or more contractors, including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one contractor before another can begin, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor, including Contractor if applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separate contractor at the Project site, or should any claim arising out of Contractor's separate contractor at the Project site, or should any claim arising out of Contractor's performance of the Work at the Project site be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by applicable laws, indemnify and hold City harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against City to the extent based on a claim arising out of Contractor's negligence. 12. MATERIALS 12.01. Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, codes, manufacturer’s instructions and guarantees are required by the Contract Documents, the current edition at the time of Contract execution shall apply, unless another edition is specified in the Contract Documents. References to standards, codes, manufacturer’s instructions and guarantees shall apply in full, except (1) they do not supersede more stringent standards set out in the Contract Documents, and (2) any exclusions or waivers that are inconsistent with the Contract Documents do not apply. 12.02. All materials shall be approved by the City prior to purchase by the Contractor. Unless otherwise specified herein, the Contractor shall purchase all materials and equipment outright and shall not subject the materials and equipment utilized in the Project to any conditional sales agreement, bailment, lease, or other Form Revised on 7-10-12 Contract No. 16300350 Page 9 agreement reserving unto seller any right, title, or interest therein. Title to all materials, but not risk of loss, shall pass to the City upon delivery to the Project. 12.03. Where the City deems it necessary to supply materials, it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. Moreover, the Contractor shall, on behalf of the City, accept delivery of the materials set forth in the attached "List of Materials Ordered by the City". Under such circumstances, the Contractor shall promptly forward to the City for payment the supplier's invoice together with the Contractor's receipt in writing for such materials. (a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials. (b) Further, the Contractor shall repair, repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative. (c) Before transporting any of the materials furnished or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. (d) The City shall not be obligated to furnish materials in excess of the quantities, size, kind, and type set forth in the attached List of City Furnished Materials and List of Materials Ordered by the City. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such excess materials shall be their actual cost as stated by the City. (e) Upon delivery, the Contractor shall promptly receive, unload, transport, and handle all materials and equipment on the List of Materials Ordered by the City at its expense and shall be responsible for all shipping costs. 12.04. Materials and supplies shall be new and of good quality. Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished, reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12.05. Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01. The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. Form Revised on 7-10-12 Contract No. 16300350 Page 10 13.02. The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the work will be ready for observation. 13.03. The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the plans, specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if the work is in accordance with the plans, specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04. City shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further, insurance changes required to keep Contractor’s insurance in effect shall be the responsibility of Contractor. 14. REJECTED WORK 14.01. All work deemed not in conformity with this Agreement as determined by the City in its sole discretion, may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations, inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the work in accordance with the requirements of this Agreement and the other Contract Documents. 14.02. If the work or any part thereof is rejected by the City, it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: (a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. (b) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion. 15. SUBCONTRACTING & SUBCONTRACTORS 15.01. The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02. Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Form Revised on 7-10-12 Contract No. 16300350 Page 11 Every subcontractor shall be bound by the terms and provisions of this Agreement and the Contract Documents as far as applicable to their work. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. 16. PAYMENT 16.01. The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such, is exempt from the payment of the sales tax on materials and supplies used in the performance of this Contract. The Contractor shall issue exemption certificates to its suppliers and Subcontractors in lieu of said sales tax for all such materials and supplies, and said exemption certificates must comply with the State Comptroller’s Ruling No. 95-0.07 and shall be subject to the provision of the State Comptroller’s Ruling No. 95-0.09, effective October 1, 1969. 16.02. Progress Payment Applications. The Contractor shall submit applications for payment as provided for herein. Applications for payment will be processed by City's Representative. Before the first Application for Payment, the Contractor shall submit to the City a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City may require. This schedule, unless objected to by the City, shall be used as a basis for reviewing the Contractor’s Applications for Payment. On or before the 15th day of each month, the Contractor shall submit to City's Representative, for approval or modification, a statement showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to and including the last day of the preceding month. The statement shall also include the value of all materials not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the work. 16.03. Progress Payments. On or before the 30th calendar day following the City's receipt of a progress payment application made in conformity with Paragraph 16.02, the City shall pay to the Contractor the approved amount of the progress payment based on the Contractor's applications for payment, and the recommendation and approval of City's Representative. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of work completed by the Contractor and approved by the City, but in each case less the aggregate of payments previously made, less retainage, and less amounts as City's Representative shall determine and the City may withhold in accordance with this Agreement. Upon Final Completion, including the delivery of all close out documents, such as “as built” drawings, warranties, guarantees, required additional materials, releases, operation and maintenance manuals, and acceptance of the work in accordance with this Agreement, the City shall pay the remainder of the balance due under this Agreement, less any sums withheld under other terms of this Agreement and less the retainage, which shall be retained for a period of thirty (30) calendar days from the date of Final Completion. Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. 16.04. Retainage. From each approved statement, the City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. 16.05. If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06. Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re-stocking charges actually incurred by the Form Revised on 7-10-12 Contract No. 16300350 Page 12 Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07. The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09. Unless otherwise provided in the Contract Documents: (a) allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; (b) Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Amount but not in the allowances; (c) whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Paragraph 16.9(a) and (2) changes in the Contractor’s costs under Paragraph 16.9(b). 16.10. Suspension of Payments. The City, at any time, may suspend monthly progress payments on the work if it determines that the projected liquidated damages may exceed retainage. The City, at any time, may suspend monthly progress payments if it believes that the Contractor will not complete the work due to actual default or that the Contractor has represented or done some act that indicates that it will not complete the work in accordance with this Agreement or within the time period submitted in its bid. Provided, however, City is in no way obligated to Contractor’s surety to withhold payment pursuant to the provisions of this Paragraph. 16.11. Withhold Funds. Regardless of any bond, the City may, on account of subsequently discovered evidence and in addition to the retainage withheld under Paragraph 16.04, withhold funds or nullify all or part of any acceptance or certificate to such extent as may be necessary to protect itself from loss on account of any of the following, or as otherwise provided in this Agreement: (a) Defective work. (b) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. (c) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. (d) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. (e) Claims made or reasonable evidence indicating claims will be made for damage to third parties, including adjacent property owners. (f) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. (g) City's determination of an amount of liquidated damages. (h) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. Form Revised on 7-10-12 Contract No. 16300350 Page 13 (i) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. Provided, however, City is in no way obligated to Contractor’s surety to withhold payment pursuant to the provisions of this Paragraph. 17. EXTRA WORK CHARGES 17.01. No changes shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02. For "Extra Work", as defined in Paragraph 1.07 and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original contract price may not be increased by more than twenty -five percent (25%). Written change orders that do not exceed twenty -five percent (25%) of the original contract amount may be made or approved by the City Manager or his delegate if the change order is less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor’s requested change order and Contractor’s failure to include any such cost shall act to Waive and Release any claim for such non included cost. 17.03. The Contractor shall complete all work as specified or indicated in the Contract Documents. The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Completion of the work shall not excuse the Contractor from performing all the work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the work and the Contractor shall assume and pay the costs of the performance of the work as contracted. (a) It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a written work order signed by City. (b) No claim for Extra Work of any kind will be allowed unless ordered in writing by the City. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive compensation or an adjustment in the construction time, it shall make written request to City's Representative for a written order from City authorizing such Extra Work. (c) Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the work after making written requests for written orders in a change order and shall keep adequate and accurate account of the actual field costs therefor, as provided under Method C. (d) It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Method A - By agreed unit prices, or Method B - By agreed lump sum, or Form Revised on 7-10-12 Contract No. 16300350 Page 14 Method C - If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost of the work. (e) Method A - Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as follows: (1) The cost of materials shall be determined by the invoices; (2) The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, worker's compensation, and all other insurance as may be required by law or ordinances or required and agreed to by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1) No indirect or consequential damages will be allowed. (2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned manloading to actual manloading, or any other analysis that is used to show damages indirectly. (3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent Form Revised on 7-10-12 Contract No. 16300350 Page 15 an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01. The date of beginning, the time for Substantial Completion and Final Completion of work as specified in this Agreement are of the essence of this Agreement. 18.02. The work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post-award conference. 18.03. The work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid 25 calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04. The work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION 19.01. The Contractor shall notify City's Representative when, in the Contractor's opinion, the contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the work has been Substantially Completed, City's Representative shall inspect the work for the preparation of a final punch list. (a) If City's Representative and the City find that the work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the work. City's Representative shall not be required to provide a list of unfinished work. (b) If the City Representative and City find that the work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19.02. The Substantial Completion of the work shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01. Contractor shall notify the City's Representative when it believes that the work has reached Final Completion as defined in Paragraph 1.08. If the City's Representative and the City accept and deems such work Finally Complete, then Contractor shall be so notified and certificates of completion and acceptance, as provided herein, shall be issued. A complete itemized statement of this Agreement account, certified by the City's Representative as correct, shall then be prepared and delivered to Contractor. Contractor or City, as the case may be, shall pay the balance due as reflected by said statement within thirty (30) calendar days. 20.02. The Contractor shall procure all required certificates of acceptance or completions issued by state, municipal, or other authorities and submit the same to the City. The City may withhold any payments due under this Agreement until the necessary certificates are procured and delivered. 20.03. Neither the final payment nor any acceptance nor certificate nor any provision of this Agreement shall relieve the Contractor of any responsibility for faulty workmanship or materials. At the option of the City, the Contractor shall remedy any defects and pay for any damage to other work which may appear after final acceptance of the work. Form Revised on 7-10-12 Contract No. 16300350 Page 16 21. DELAYS 21.01. The Contractor, in undertaking to complete the work within the times herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise. 21.02. The City may, in its sole discretion, delay the work during inclement weather in order to preserve the Project, insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Paragraph 22 to offset for such stoppage of the work. 21.03. In the event of delays resulting from changes ordered in the work by the City or other delays caused by the City or for the City’s convenience, the Contractor may apply to the City for recovery of incidental damages resulting from increased storage costs or other costs necessary to protect the value of the work. In no event shall any consequential or other damages be allowed or any other charges or claims be made by the Contractor for hindrances or delays resulting from any other cause. 22. EXTENSIONS OF TIME The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including, but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completion, except when the work has been delayed by one or more of the following: (1) an act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; (2) by changes ordered in the work, or reductions thereto approved in writing; (3) by "rain days" (days with rainfall in excess of one-tenth of an inch) during the term of this Agreement that exceed the average number of rain days for such term for this locality, both as determined by the Texas A&M University weather service; or (4) by other causes that the City and the Contractor agree may reasonably justify delay and that were beyond the Contractor’s reasonable control and ability to estimate, predict, or avoid, such as delays caused by unforeseen labor disputes, fire, natural disasters, acts of war, and other rare and unpredictable events. This term does not include normal delays incident to the delivery of materials, tools, or labor that reasonably could have been predicted and/or accounted for in the Contractor’s proposal or decision to bid. If one or more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time, within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required by the City's Representative. Within ten (10) calendar days after receipt of a written request for an extension of time, which is supported by all requested documentation, the City shall, in writing and in its sole discretion, grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing and in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01. The time for the Substantial and Final Completion of the work described herein are reasonable times for the completion of each, taking into consideration all conditions, including but not limited to the average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor's failure to meet the deadlines for Substantial and/or Final Form Revised on 7-10-12 Contract No. 16300350 Page 17 Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02. As a result of the difficulty in estimation, calculation and ascertainment of City’s damages due to a failure of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Paragraph 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of One Hundred and 00/100 DOLLARS ($100.00) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01. The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02. The Contractor shall take the necessary precautions to protect any areas adjacent to its work. 24.03. The work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01. Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (l) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative and that all work will be of good quality, free from faults and defects, and in conformance with this Agreement, the other Contract Documents, and recognized industry standards. 25.02. All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03. This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04. Where more than a one (l) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. 25.05. This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. Form Revised on 7-10-12 Contract No. 16300350 Page 18 25.06. Defective Work Discovered During Warranty Period. If any of the work is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this Agreement within one (l) year after the date of the issuance of a certificate of Final Completion of the work or a designated portion thereof, whichever is longer, or within one (l) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall promptly correct the defective work at no cost to the City. 25.07. After receipt of written notice from the City to begin corrective work, the Contractor shall promptly begin the corrective work. The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08. If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09. The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10. The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (l) year after the installation or completion. The one (l) year warranty shall cover all work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01. Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02. Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Paragraph 26.01, the Contractor or subcontractor as the case may be shall pay the City Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03. The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable, without discount, no less than once each week. 26.04. No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll and that no rebates or deductions (except as shown) have been made or will be made in the future from the wages therein shown. 26.05. Payment of Subcontractors. The Contractor shall be solely and exclusively responsible for compensating any of the Contractor's employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by Form Revised on 7-10-12 Contract No. 16300350 Page 19 the City. In the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 26.06. Affidavit of Bills Paid. Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 27. INSURANCE 27.01. The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth in Exhibit B. 28. BOND PROVISIONS 28.01. Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City’s discretion, such bonds shall be executed in accordance with all requirements of Article 7.19-1 of the Texas Insurance Code, all other applicable law, and the following: (a) The Contractor shall execute performance and payment bonds for the full Contract Amount. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents, which are attached as Exhibit C, together with valid original powers of attorney, at the time of execution of this Agreement and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit C. (d) The performance and payment bonds shall remain in effect for a period of one (1) year after Final Completion of the work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02. The Contractor may make such changes and alterations as the City may require in the work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned, in accordance with the provisions of Article 17. Form Revised on 7-10-12 Contract No. 16300350 Page 20 29. SURETY 29.01. If the Contractor has abandoned the Project or the City has terminated the contract for cause and the Contractor’s Surety, after notice demanding completion is sent, fails to commence the completion of the work in compliance with this Agreement, then the City at its option may provide for completion of the work in either of the following manners: 29.01.01. The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. 29.01.02. The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what would have been the cost under this Agreement, such increase together with all of the City’s damages due to Contractor’s abandonment and/or default, including liquidated damages, as provided pursuant to Paragraph 38, entitled “TERMINATION FOR CAUSE” shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete such new agreement prove to be less than that which would have been the cost to complete the work under this Agreement, the Contractor shall be credited therewith after all deductions are made in accordance with this Agreement. 29.02. Should the cost to complete the work exceed the Contract Amount and the Contractor fails to pay the amount due to the City within the time designated and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor at its respective address designated in this Agreement; provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 29.03. In the event the account shows that the cost to complete the work is less than that which would have been the cost to City had the work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01. The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. 30.02. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. Form Revised on 7-10-12 Contract No. 16300350 Page 21 30.03. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01. All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attn.: Assistant Chief". 31.02. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. 31.03. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04. Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in Paragraph 31.07, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as hereafter defined at Paragraph 31.07). In the event Contractor engages in any of the activities prohibited in this Paragraph 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys’ fees, arising out of, incidental to or resulting from the activities prohibited in this Paragraph 31.04. 31.05. In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06. City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07. For purposes of this Agreement, the term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which are defined as a hazardous Form Revised on 7-10-12 Contract No. 16300350 Page 22 substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). It is the Contractor's responsibility to comply with this Paragraph 31.07 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Tex. Health & Safety Code Ann. §756.022-023 (Vernon 1992), as amended, and the requirements of 29 C.F.R., Sections 1926.650 through 1926.653 inclusive, “Excavation, Trenching and Shoring,” of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. 32.03 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty, responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 32.04 The Contractor must provide the City the name of the “competent person” required by OSHA standards to perform the trench safety inspections. The Contractor must make daily inspections to ensure that the systems comply with all applicable laws and regulations, and must maintain a permanent record of daily inspections available for examination by the City or other government authority. 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. 33. INDEMNITY 33.01. CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THIS CONTRACT. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED Form Revised on 7-10-12 Contract No. 16300350 Page 23 BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02. The indemnifications contained in paragraphs 33.01 shall include but not be limited to the following specific instances: (a) In the event the City is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the City for such damage. (b) The Contractor shall indemnify and hold harmless and defend the City from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) The Contractor shall indemnify and hold harmless and defend the City from any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. (d) The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. (e) The Contractor shall also be responsible for the removal of all related debris. (f) The Contractor shall also be responsible for subcontractors hired by it. (g) The Contractor shall indemnify, hold harmless, and defend the City from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 33.03. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 33.04. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 33.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 34. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their Form Revised on 7-10-12 Contract No. 16300350 Page 24 employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. 35. PERMITS AND LICENSES The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work. 36. ROYALTIES AND LICENSING FEES The Contractor shall pay all royalties and licensing fees. The Contractor shall hold the City harmless and indemnify the City from the payment of any royalties, damages, losses or expenses including attorney's fees for suits, claims or otherwise, growing out of infringement or alleged infringement of patents, materials and methods used in the Project. It shall defend all suits or claims for infringement of any patent rights. Further, if the Contractor has reason to believe that the design, service, process, or product specified is an infringement of a patent, it shall promptly give such information to City's Representative. 37. BREACH OF CONTRACT & DAMAGES 37.01. The City shall have the right to declare the Contractor in breach of this Agreement for cause when the City determines that this Agreement is not being performed according to its understanding of the intent and meaning of this Agreement. Such breach shall not in any way invalidate, abrogate, or terminate the Contractor's obligations under this Agreement. 37.02. Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to damages for breach of contract, upon but not limited to the following occurrences: (a) If the Contractor shall fail to remedy any default after written notice thereof from City's Representative, as City's Representative shall direct; or (b) If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or (c) If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 38. TERMINATION FOR CAUSE Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety at any time for any of the following: 38.01. If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law Form Revised on 7-10-12 Contract No. 16300350 Page 25 for the relief of debtors and, after notice, fails to provide adequate assurance that it can remedy all of its defaults; or 38.02. If a receiver, trustee, or liquidator of any of the property or income of the Contractor shall be appointed; or 38.03. If the Contractor shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or 38.04. If the Contractor shall fail to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or 38.05. If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or 38.06. If the Contractor abandons the Work. 38.07. If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 39. TERMINATION FOR CONVENIENCE 39.01. The performance of the work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the work itself or by others, pursuant to the foregoing, then the Contractor and/or Contractor’s surety will reimburse City for all costs incurred by the City (including, without limitation, applicable, general, administrative expenses, field overhead, the cost of necessary equipment, materials, field labor, additional fees paid to architects, engineers, attorneys or others to assist the City in connection with the termination and liquidated damages) in completing and/or correcting work by the Contractor that fails to meet any requirement of this Agreement or the other Contract Documents. 41. CLOSE OUT 41.01. After receipt of a notice of termination, whether for cause or convenience, unless otherwise directed by City's Representative, the Contractor shall, in good faith and to the best of its ability, do all things necessary in the light of such notice to assure the efficient and proper closeout of the terminated work Form Revised on 7-10-12 Contract No. 16300350 Page 26 (including the protection of City's property). Among other things, the Contractor shall, except as otherwise directed or approved by City's Representative, do the following: (a) Stop the work on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts for services, equipment, or materials, except as may be necessary for completion of such portion of the work as is not terminated; (c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination; (d) Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Representative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (e) With the approval of City's Representative, settle all outstanding liabilities and all claims arising out of such termination, orders, and subcontracts; (f) Deliver to City's Representative, when directed by City's Representative, all documents and all property, which if the work had been completed, Contractor would have been required to account for or deliver to City's Representative, and transfer title to such property to City's Representative to the extent not already transferred; and/or 42. TERMINATION CONVERSION Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Paragraph 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a termination for convenience pursuant to Paragraph 39 and Contractor’s remedy for such termination shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 39. 43. HIRING During the term of this Agreement and for a period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45. EFFECTIVE DATE The effective date of this contract shall be the date of award of the contract. 46. OTHER TERMS 46.01. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best Form Revised on 7-10-12 Contract No. 16300350 Page 27 efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.03. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.04. Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 46.05. Mediation. After receipt of a Notice of Claim, the Owner may elect to refer the matter to the Architect, Owner's Representative or another party for review. Contractor will attend meetings called to review and discuss the Claims and mitigation of the problem, and shall furnish any reasonable factual backup for the Claim requested. The Owner may also elect to defer consideration of the Claim until the Work is completed, in which case the same review options shall be available to the Owner at the completion of the Work. At any stage, the Owner, at its sole discretion, is entitled to refer a Claim to mediation under the Construction Industry Mediation Rules of the American Arbitration Association, and, if this referral is made, Contractor will take part in the mediation process. The filing, mediation or rejection of a Claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under Owner's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in College Station, Texas. 46.06. Arbitration. In the event of a dispute and upon the mutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.07. Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 46.08. Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this contract. 46.09 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 46.10. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.11. Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.12. Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.13. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.14. Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. Form Revised on 7-10-12 Contract No. 16300350 CITY OF COLLEGE STATION By: _______________ _ City Manager Date: _______ _ APPROVED: City Attorney Date: ______ _ Assistant City Manager/CFO Date: ______ _ Page 28 Form Revised on 7-10-12 Contract No. 16300350 Page 29 Exhibit A DAVIS BACON WAGE RATES General Decision Number: TX160016 01/08/2016 TX16 Superseded General Decision Number: TX20150016 State: Texas Construction Types: Heavy and Highway Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY Construction Projects Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 * SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures)......................$ 12.56 ELECTRICIAN......................$ 26.35 FORM BUILDER/FORM SETTER Paving & Curb...............$ 12.94 Structures..................$ 12.87 LABORER Asphalt Raker...............$ 12.12 Flagger.....................$ 9.45 Laborer, Common.............$ 10.50 Laborer, Utility............$ 12.27 Pipelayer...................$ 12.79 Form Revised on 7-10-12 Contract No. 16300350 Page 30 Work Zone Barricade Servicer....................$ 11.85 PAINTER (Structures).............$ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor........$ 12.69 Asphalt Distributor.........$ 15.55 Asphalt Paving Machine......$ 14.36 Boom Truck..................$ 18.36 Broom or Sweeper............$ 11.04 Concrete Pavement Finishing Machine...........$ 15.48 Crane, Hydraulic 80 tons or less.....................$ 18.36 Crane, Lattice Boom 80 tons or less................$ 15.87 Crane, Lattice Boom over 80 tons.....................$ 19.38 Crawler Tractor.............$ 15.67 Directional Drilling Locator.....................$ 11.67 Directional Drilling Operator....................$ 17.24 Excavator 50,000 lbs or Less........................$ 12.88 Excavator over 50,000 lbs...$ 17.71 Foundation Drill, Truck Mounted.....................$ 16.93 Front End Loader, 3 CY or Less........................$ 13.04 Front End Loader, Over 3 CY.$ 13.21 Loader/Backhoe..............$ 14.12 Mechanic....................$ 17.10 Milling Machine.............$ 14.18 Motor Grader, Fine Grade....$ 18.51 Motor Grader, Rough.........$ 14.63 Pavement Marking Machine....$ 19.17 Reclaimer/Pulverizer........$ 12.88 Roller, Asphalt.............$ 12.78 Roller, Other...............$ 10.50 Scraper.....................$ 12.27 Spreader Box................$ 14.04 Trenching Machine, Heavy....$ 18.48 Servicer.........................$ 14.51 Steel Worker Reinforcing.................$ 14.00 Structural..................$ 19.29 TRAFFIC SIGNAL INSTALLER Traffic Signal/Light Pole Worker......................$ 16.00 TRUCK DRIVER Lowboy-Float................$ 15.66 Form Revised on 7-10-12 Contract No. 16300350 Page 31 Off Road Hauler.............$ 11.88 Single Axle.................$ 11.79 Single or Tandem Axle Dump Truck.......................$ 11.68 Tandem Axle Tractor w/Semi Trailer.....................$ 12.81 WELDER...........................$ 15.97 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 1. Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3. The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 1/2) times the base hourly rate. 4. The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. Form Revised on 7-10-12 Contract No. 16300350 Page 32 Exhibit B INSURANCE REQUIREMENTS During the term of this Agreement Contractor’s insurance policies shall meet the following requirements: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Umbrella / Excess Liability – required for contract amounts exceeding $1,000,000 D. Workers' Compensation E. Builder’s Risk – provides coverage for contractor’s labor and materials for a project during construction that involves a structure such as a building or garage. builder’s risk policy shall be written on “all risks” form. II. General Requirements Applicable to All Policies: A. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. "Claims Made" policies are not accepted. D. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of College Station. E Upon request, certified copies of all insurance policies shall be furnished to the City of College Station. F. The City of College Station, its officials, employees and volunteers, are to be named as “Additional Insured” to the Commercial General, Umbrella and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. III. Commercial General Liability A. General Liability insurance shall be written by a carrier with a “A:VIII” or better rating in accordance with the current Best Key Rating Guide. B. Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. C. Coverage shall be at least as broad as ISO form GC 00 01. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. Form Revised on 7-10-12 Contract No. 16300350 Page 33 E. The coverage shall include but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier with a “A:VIII” or better rating in accordance with the current Best Key Rating Guide. B. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. C. Coverage shall be at least as broad as Insurance Service’s Office Number CA 00 01. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. E. The coverage shall include owned autos, leased or rented autos, non-owned autos, any autos and hired autos. F. Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1,000,000.00. V. Excess Liability Umbrella form excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the contract, whichever is greater, per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000 in total value. VI. Those policies set forth in Paragraphs III, IV, and V shall contain an endorsement naming the City as Additional Insured and further providing that the Contractor’s policies are primary to any self-insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City’s Representative at the time of execution of this Agreement, attached hereto as Exhibit D, and approved by the City before work commences. VII. Workers Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers compensation insurance policy: either directly through their employer’s policy (the Contractor’s or subcontractor’s 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, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be Form Revised on 7-10-12 Contract No. 16300350 Page 34 used. B. Workers compensation insurance shall include the following terms: 1. Employer’s Liability minimum limits of $1,000,000.00 for each accident/each disease/each employee are required. 2. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy. 3. Texas must appear in Item 3A of the Workers Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. C. Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: “A. Definitions: Certificate of coverage (“certificate”) – An original 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. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. Form Revised on 7-10-12 Contract No. 16300350 Page 35 E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner 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. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 Form Revised on 7-10-12 Contract No. 16300350 Page 36 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. J. 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. K. 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 entity.” VIII. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: A. The company is licensed and admitted to do business in the State of Texas. B. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. C. All endorsements and insurance coverages according to requirements and instructions contained herein. D. The form of the notice of cancellation, termination, or change in coverage provisions to the City of College Station. E. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. Form Revised on 7-10-12 Contract No. 16300350 Page 37 Exhibit C PERFORMANCE AND PAYMENT BONDS PERFOR1\1ANCE BOND THE STATE OF TEXAS THE COUNTY OF BRAZOS § § § Bond Number:58S207006 Project No. __ 1_6_3_0_0_3_5 __ o ______ _ KNOW ALL MEN BY THESE PRESENTS: THAT WE, Progressive Commercial Aquatics, Inc. , as Principal, hereinafter called "Contractor" and the other subscriber hereto Liberty Mutual Insurance Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Seventy Nine Thousand Seven Hundred Twenty Two and 00/100 Dollars ($79,722.00) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in. writing with the City of ColleD"e Station for Painting and Repair of Adamson Lagoon Slides b -~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having fully considered its Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty days fro±n the acceptance of the \Y/ ork is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Contractor under tl1e Contract. In the event that the City of College Station shall bring Fonn Revised on 7-10-12 Contract No. 16300350 Page 38 any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees incurred by the city in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. ~1--c ~· " ----9-: 1),,.,.,} ' j ,,;, ATTEST /WITNESS r-!a.1 /11(1 '. By: I f L ·-u_ , Name: Title: -Account Manager Date: April 14, 2016 REVIEWED: City Attorney's Office (SEAL) Progressive Commercial Aquatics, Date: '! · Liberty Mutual Insurance Company (Full Name of Suretv) 450 Plymouth Road ,Suite 400 Plymouth Meeting, PA 79462-8284 (Address of Surety for Notice) ,( Name: Alicia Cantavella Title: Attorney-in-Fact Date: April 14, 2016 Inc. THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager NOTE: Date of bonds must be equal to or after the date ofexecudon bv City. Form Revised on 7-10-12 Contract No. l 6300350 Page 39 TEXAS STATUTORY PAYMENT BOND THE STATE OF TEXAS THE COUNTY OF BRAZOS § § § Bond Number:58S207006 Project No._1_6_3_o_o_3_s_o _________ _ KNOW ALL 1v1EN BY THESE PRESENTS: THAT WE Progressive Commercial Aquatics' Inc. as Principal hereinafter called "Principal" and the other subscriber, hereto Liberty Mutual Insurance Company' , a c;rporation organized and existing under the laws of the State of Massachusetts , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Seventy Nine Thousand Seven Hundred Twenty Two and 00/100 Dollars ($79,722.00) for payment "\Vhereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the __ _ day of ,2016, for Painting and Repair of Adamson Lagoon Slides which contract is hereby referred to and made a part hereof as folly and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, t11en, this obligation shall be null and void; ot11erwise to remain in foll force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Form Revised on 7-10-12 ContractNo. 16300350 Page 40 A TIEST /WITNESS (SEAL) Name: Title: Date: REVIE\VED: Account Manager April 14, 2016 City Attorney's Office (SEAL) Progressive Commercial Aquatics, Inc. (Name of Contractor) '·?.::: J" / " 1 ' ,/w<.-'o 1;:21..< ... -.( By: -~2"-f'. __ c~----,,,------- :rfame: J l~h," /)4 ... u Title: Date: Liberty Mutual Insurance Company (Full Name of Surety) 450 Plymouth Road ,Suite 400 Plymouth Meeting, PA 79462-8284 (Address of Surety for Notice) / Name: Alicia Cantavella Title: Attorney-in-Fact Date: April 14, 2016 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager NOTE: Date of bonds must be equal to orafrer the date of execution by City. Fom1 Revised on 7-I0-12 Contract No. 16300350 Page 41 I/I Q) .Sl c: .. ~ :c ~ ~Cl u Q) 0 .:! ... Cl) Q) > --Q) ~ -_ "'C ~·c;; o~ -~ ... Q) 0 o.si c: Cl) -... Q) -Cl I/I Cl) Q) e>"- t::: .Sl o.!: E -... .Sl 0 Cl) ....... "'C >-:: CJ Cl) c: > Q) _ ... 0 ... z~ THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Powe·r of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7083332 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alicia Cantavella; Cheryl A. Sanders; Dennis M. Descant, Jr.; Jeffrey Lee Brady all of the city of Houston , state of TX each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of August , ~. STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company On this~ day of August , 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer . IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. COMMONWEAL!_H OF PENNSYLVANIA ,,f--..., /) Notarial Seal ~ (/j, ' , ~ Teresa Pastella, Notary Public By: ~~---------------- Plymouth Twp Montgomery County Teresa Pastella, Notary Public My Comm1ss1on Expires March 28. 2017 Member, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. 14th April 16 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ___ day of ______________ , 20 ___ . LMS_ 12873_122013 By:_~-"-<"---'-'-·--­ Gregory W. Davenport, Assistant Secretary 128 of 250 ~Libertx \P Mutual SURETY TEXAS IMPORTANT NOTICE To obtain infonnation or make a complaint: You may call toll-free for information or to make a complaint at 1-877-751-2641 You may also write to: Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 79462-8284 You may contact the Texas Department of Insurance to obtain information on compames, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department oflnsurance Consumer Protection (111-IA) P. 0. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi. texas .gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concernmg your premmm or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. NP 70 68 09 01 TEXAS A VISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis para informacion o para someter una queja al 1-877-751-2641 Usted tambien puede escribir a: Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 79462-8284 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-IA) P. 0. Box 149091 Austin, TX 78714-9091 FAX# (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE A VISO A SU PO LIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Form Revised on 7-10-12 Contract No. 16300350 Page 42 Exhibit D CERTIFICATES OF INSURANCE AND ENDORSEMENTS ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 3/23/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brady, Chapman, Holland & Associates PHONJ0 ~vH· 713-688-1500 I Fffc Nol: 713-688-7967 10055 West Gulf Bank ~IL. CSR24@b h . Houston TX 77040 ADD"Ess: e c -insurance.com INSURER(S) AFFORDING COVERAGE NAIC# 1NsuRER A: Transportation Insurance Co. (CNA) 20494 INSURED PROGRESSIV2 INSURER B ,American Casualty Co of Reading PA-20427 Progressive Commercial Aquatics, Inc 1NsuRER c ,Continental Casualty Co. (CNA) 20443 2510 Farrell Rd INSURER D: Texas Mutual Insurance Co 22945 Houston TX 77073 INSURER E: Endurance American Specialty (Am Win INSURER F: COVERAGES CERTIFICATE NUMBER· 719613184 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR iADDL ~Ui;R POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDDIYYYY\ IMM/DDIYYYY\ LIMITS A x COMMERCIAL GENERAL LIABILITY 5094992447 3/31/2015 3/31/2016 EACH OCCURRENCE $1,000,000 f--D CLAIMS-MADE ~ OCCUR DAMAGE I 0 RENTED PREMISES rEa occurrence) $100,000 f--i MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $~,000,000 [XJ LOG ----· ·---Fl 0PRO-PRODUCTS -COMP/OP AGG !.2,000,000 POLICY JECT ----... ·- OTHER: $ B AUTOMOBILE LIABILITY C5095120963 3/31/2015 3/31/2016 COMBINED SINGLE LIMI I $1,000,000 ~C?~~il_!L_ __ . --- x ANY AUTO BODILY INJURY (Per person) $ ALL OWNED --··-SCHEDULED -·------- AUTOS AUTOS BODILY INJURY (Per accident) $ NON-OWNED I PROPERTY DAMAGE ··-~ x HIRED AUTOS x AUTOS I ~g_e(lt) $ f-----~ $ c x UMBRELLA LIAB ~OCCUR I C5095120879 3/31/2015 3/31/2016 EACH OCCURRENCE $5,000,000 E f--I I CLAIMS-MADE I EXC10006702100 3/31/2015 3131/2016 EXCESS LIAB AGGREGATE $5,000,000 DED Ix I RETENTION $10,000 $ D WORKERS COMPENSATION TSF0001223875 3/31/2015 3/3112016 x I ~~fTUTE I I OTH-ER AND EMPLOYERS' LIABILITY YIN, ANY PROPRIETOR/PARTNER/EXECUTIVE D\NIAI E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) . E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under ! i E.L. DISEASE· POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below ~ , Leased/Rented Equipment I 1509499244 7 13/31/2015 3131/2016 IAny One Item $150,000 , Installation Floater I 6012835254 i 3/31/2015 3/3112016 I Maximum $300,000 I I 1$100,000 Lim.it IF $1,000 Oed DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The policy includes Blanket additional insured on the general liability per form G14033100113 and automobile per form CA20481013, with a waiver of subrogation on the general liability per form CG24040509, automobile per form CNA633590412 and workers compensation per form WC420304A when required by written contract. This insurance is primary and non-contributory as respects general liability G14033100113. Umbrella additional insured per form G15057C, waiver of subrogation per form G48437 A and primary and non-contributory per form G300429A. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of College Station ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Heather Pavelka 1101 Texas Avenue AUTHORIZED REPRESENTATIVE College Station TX 77842 ) .-1~ '6;ttJ~ I I {) © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Form Revised on 7-10-12 Contract No. 16300350 Page 43 Exhibit E TECHNICAL SPECIFICATIONS AND PLANS Project Name: Adamson Lagoon Slides Attn: Amy Atkins Date: 3/16/16 Buyboard#451-14 Quote: • $45,000.00 ---BOTH Slides Refinished inside and out with the color of their choosing. Seams removed and re-caulked, any fiberglass repair work, bolts checked, and replaced where needed. • $32,400.00— Slide Structure sand/prime/repaint. • Since Payment Performance Bond is needed please add 3% to the total which is $2,322. • Estimated time to complete the slide resurfacing and structure would be between 20-25 days. • Buyboard Hourly Rate is $95/hr plus all materials and travel. Refinishing Projects are all custom to each facility so each facility is quoted based on amount of labor, materials and travel. Grand Total with Bond: $79,722 Myles Phelps Progressive Commercial Aquatics, Inc. 15616 Schmidt Loop Manor, Texas 78653 (512) 278-0801 Fax (512) 350-2154 Website www.proaquatic.com E-MailTPHELPS4@austin.rr.com Form Revised on 7-10-12 Contract No. 16300350 Page 44 Scope of Work: The following scope of work summary is based on the attached engineering report: • Both flumes of the slide refinished inside and out with the color of City’s choosing. • Both flumes of the slide seams removed and re-caulked. • Both flumes of the slide any fiberglass repair work needed completed. • Both flumes of the slide bolts checked, and replaced where needed. • Metal slide structure sand, prime, repaint. COLLEGE STATION 979 680 8840 • BRENHAM 979 836 6855 • FORT WORTH 817 405 0774 • SAN ANTONIO 210 305 4792 2501 Ashford Drive, Suite 102 / College Station, Texas 77840 • Fax 979 680 8841 • www.gessnerengineering.com CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING Figure 1- Site View December 18, 2015 Mr. Rusty Warncke City of College Station P.O. Box 9973 College Station, Texas 77842 Re: Forensic Inspection Adamson Lagoon Slide Structure 1900 Anderson St, College Station, Texas 77840 Gessner Engineering Job No.: 15-1019 Dear Mr. Warncke: A visual inspection of the steel framing for the slide and bridge structures at the Adamson Lagoon in College Station, Texas was performed by Nikolas Gomes, E.I.T., with Gessner Engineering on December 14, 2015. This inspection was requested to provide a visual evaluation of the existing steel structures and to provide general recommendations for remediation, as required. A full engineering analysis of the existing framing or engineering of specific additional structural elements is beyond the scope of this report. The items listed are not meant to represent a total or exhaustive list of defects which may be present. Gessner Engineering neither extends nor implies any warranty as a result of this inspection or any repair performed upon the facilities. The results of this inspection are provided in the following paragraphs and are for the exclusive use of the City of College Station. Introduction For purposes of this report, the inspected areas will be broken into three distinct areas as noted below (Figure 1): the bridge, the slide tower, and slides A & B. The scope of this inspection was limited to the structural steel components throughout the various areas. Each area will be discussed followed by general recommendations for remediation. GESSNER ENGINEERING CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING BridgeBridgeBridgeBridge ---- Observations & RecommendationsObservations & RecommendationsObservations & RecommendationsObservations & Recommendations The bridge structure is framed with various steel elements, totaling a footprint of approximately 40 feet long by 4 feet wide. Four pairs of hollow structural steel (HSS) columns, approximately 2’-3’’ apart, are supported on isolated foundations and spaced along the length of the bridge, up to 11’-4’’ apart. A rectangular HSS beam spans over each pair of columns, overhanging each column slightly to support steel channel stringers and beams that frame the width of the stairs and bridge. A steel angle runs the length of the channels at the sides of the bridge, supporting aluminum deck panels. Periodic channels are placed below the deck, framing into the channel beams along the bridge in conjunction with back-to-back channels centered at perimeter beam splice locations. The same aluminum deck panels used at the bridge are used as treads to form the stairs on both ends of the bridge. A section of the stringer’s web was punched out and folded inward to provide a support and connection surface on which the aluminum treads are mounted. A wood nailer was bolted into the web of the channel beams and stringers, to which the wood handrail verticals were bolted. The aluminum deck panels appeared to be in good condition, and adequately attached to the supporting steel. Various steel components appeared to have experienced oxidation; however, significant section degradation did not appear to be prevalent. The following components showed notable signs of rust and require additional attention during the proposed remediation process: 1.1. One stair tread at the southwest stair appeared to have been cut shorter than the requisite width of the stairs. To accommodate the slightly shorter length, an additional bearing plate was welded over the original that extended into the stair width. This plate appears to have experienced significant rusting. 1.2. The rectangular tube over the northern-most pair of columns showed signs of water collecting at the end of the tube, and along the underlying horizontal plate which extended beyond the sides of the tube. 1.3. Bolts utilized at steel to steel connections appeared to be in serviceable condition; however, the associated steel angles and beams at these connections were rusted. 1.4. The steel angles and foundation anchors at the base of the northern stair stringers have experienced significant deterioration. 1.5. Column baseplates, specifically at the northern-most pair of columns, had rusted around the perimeter. Gessner Engineering recommends all steel components be cleaned and repaired in accordance with the procedures described in the ‘‘General Recommendations’’ section of this report. The following recommendations correspond to the above noted deficiencies: 1.1. The tread shall be removed and the specified plate shall be replaced with an angle of equal dimension and thickness, welded to the interior of the stringer. The tread may be re-attached to the provided angle. 1.2. Once the components have been properly cleaned, Gessner Engineering recommends the tube be sealed with a new cap plate to prevent potential water infiltration. 1.3. Steel connections shall be deconstructed as described above, to properly clean the components. Components fully covered with rust shall be replaced. If significant section loss is noted at a portion of a framing member, the contractor shall contact Gessner Engineering for further evaluation. 1.4. The steel angles at the base of the noted stringers shall be removed in their entirety and replaced with an equivalent angle. The new angles shall be welded to the interior of the existing steel stringer, and anchored to the foundation with an equally sized diameter, galvanized threaded rod, drilled and epoxied a minimum of 4 inches into the existing foundation. GESSNER ENGINEERING CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING 1.5. Baseplates shall be cleaned in accordance with the specified procedures. Once baseplates and anchors have been cleaned down to bare, clean material, Gessner Engineering shall be contacted to evaluate the remaining conditions. Reference the ‘‘General Remediation’’ section of this report for additional recommendations regarding the cleaning and re-finishing of the various steel components and aluminum decking. Slide TowerSlide TowerSlide TowerSlide Tower ---- Observations & RecommendationsObservations & RecommendationsObservations & RecommendationsObservations & Recommendations The slide tower is framed around six steel HSS columns, placed in a 2x3 matrix and equally spaced at approximately seven and a half feet. Columns are supported on isolated foundations, forming a total interior footprint of approximately 110 square feet. Two levels of cable x-bracing frame between orthogonally adjacent columns, with horizontal angles at the base of each level. Steel channel stringers form the approximately three and a half foot wide stairs that wrap around the exterior of the tower. Periodic landings (6 total) are cantilevered off of the main tower columns with steel HSS beams and diagonal braces from the column. The two lowest landings each have an additional column to support the framing at the foundation level. At the top of the approximately 19 foot tower is the main platform framed with a combination of steel wide flanges and channels supporting the aluminum plank decking. Channels line the perimeter of the platform, with a wide flange beam separating the two square bays. Two channels span perpendicular to the wide flange beam in each bay, acting as joists to support the aluminum plank decking above. Additional channel framing was used to cantilever to the south of the tower and provide the top landing for the stairs. Steel handrailing lines the stairs and perimeter of the platform, with openings to allow access to the two slide entries at the north and west sides of the platform. Similar to the bridge, the aluminum deck panels and treads appeared to typically be in good condition and various steel components have experienced oxidation. Unlike the bridge however, significant section degradation did appear to have occurred at various locations throughout the tower. The following components showed notable signs of rust or other issues, and require additional attention during the proposed remediation process: 2.1. Handrailing adjacent to the western slide (slide 2) showed significant signs of rust near the bases. 2.2. The four interior channel joists showed significant signs of deterioration and loss of section. These defects were noted at beam flanges and webs at various locations along each beam. 2.3. Various perimeter beams displayed similar signs of loss of section; however, these appeared to be at isolated locations, such as a discrete portion of the bottom flange or along the web at the end of a beam. 2.4. Loss of section and significant signs of rust were noted at tension rod ends, connection assemblies, and horizontal angle members. 2.5. Pipe bracing and connection brackets had significantly corroded at the south side of the tower and had begun to rust the column. 2.6. Handrails along the stairs at north of the tower and at the northwest corner landing had significantly corroded at various bases, even to the point of complete section loss at one location. 2.7. Steel stringers and associated connections along the north and west sides of the stairs and landings appear to have experienced significant deterioration in conjunction with the handrail damage noted above. 2.8. Tube beams below the steel stringers noted above appear to also have experienced similar damage, both along the member length and at connection plates to the columns. GESSNER ENGINEERING CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING 2.9. The beam, column support, stringers, and stringer foundation connection at the bottom of the stairs are significantly deteriorated and almost entirely encompassed in rust. 2.10. Column baseplates displayed signs of deterioration at the perimeter of the plate, and in some locations throughout the top of the plate and signs of rust at the base of the columns. Additionally, some anchor bolts and associated nuts showed signs of rust at the top of the elements. Gessner Engineering recommends all steel components be cleaned and repaired in accordance with the procedures described in the ‘‘General Recommendations’’ section of this report. The following recommendations correspond to the above noted deficiencies 2.1. Affected handrails shall be removed and replaced in their entirety. 2.2. These joists shall be removed and replaced with equivalent members. These members shall be galvanized or primed and painted in accordance with the specified recommendations. 2.3. The contractor may elect to remove and replace the entire member, as noted above, or clean the member in accordance with the specified processes. Should the contractor elect to clean and retain the members, areas where flaking was noted shall be plated over with ¼’’ A36 plate, reaching a minimum 4 inches beyond the affected areas. Connections may be shimmed as required in order to accommodate the additional thickness. New bolts may be required at these locations, ensuring that the bolt extends a minimum of two threads beyond the end of the nut. 2.4. Where flaking has occurred or significant signs of rust are present, the contractor shall remove and replace the affected rod, connection assembly, or horizontal angle, in its entirety. 2.5. These brackets shall be removed in their entirety and replaced. Affected areas of the attaching columns shall be cleaned as specified, and a ¼’’ A36 plate shall be welded over each side of affected column area. The finished area shall be primed and painted as specified. 2.6. Affected handrails shall be removed and replaced in their entirety. 2.7. Gessner Engineering recommends the steel stringers with multiple areas of section loss be removed and replaced in their entirety. Should the owner wish to clean and retain the elements, they may contact Gessner Engineering after the components have been cleaned as specified to evaluate the remaining conditions. 2.8. Tube beams shall be cleaned as specified, and a ¼’’ A36 plate shall be welded over the affected areas. Connection plates at the mid-height, north landing may be un-bolted, cleaned, primed and painted, and re- assembled. Connection plates at the lower, northwest corner landing showed significantly worse signs of deterioration than those noted above. The contractor may choose to remove and replace these plates, or disassemble the connection, clean the components as specified, and then contact Gessner Engineering for further evaluation of the remaining conditions. 2.9. These components shall be removed in their entirety. The stringers shall be replaced with equivalent members and isolated foundations shall be placed beneath each stringer, with columns connecting to the stringers. A horizontal component shall be installed between the two stringers, beneath the landing, to prevent the elements from displacing laterally. New angles at the base of the stringers, equivalent to those provided initially, shall be welded to the exterior of the new stringer. They shall be anchored to the foundation with (2) galvanized threaded rods matching the diameter of the existing, drilled and epoxied a minimum of 4 inches into the existing foundation. 2.10. Baseplates and anchors shall be cleaned as recommended and nuts shall be replaced where encapsulated in rust. Once baseplates and anchors have been cleaned down to bare, clean material, Gessner Engineering shall be contacted to evaluate the remaining conditions. GESSNER ENGINEERING CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING Reference the ‘‘General Remediation’’ section of this report for additional recommendations regarding the cleaning and re-finishing of the various steel components and aluminum decking. Slides A & BSlides A & BSlides A & BSlides A & B ---- Observations and Recommendations Observations and Recommendations Observations and Recommendations Observations and Recommendations Slide A consists of two large central columns, and one shorter support column, all three being round, HSS columns. The tallest column (Column A), centered in the first circle formed by the slide, has four branches reaching out to support the slide at varying elevations as it progresses around the curve. The second column (Column B) is centered in the second circle formed by the slide and has five branches reaching out to support the slide. The third and final column (Column C), sits directly beneath the slide as it nears pool deck, and contains one knife plate supporting the slide above. Slide B consists of three large central columns, and two shorter support columns, all five being round, HSS columns. The tallest column (Column D) is centered in the first circle formed by the slide and has four branches that reach out to support the slide at varying elevations. The next column (Column E) is located at the center of the following turn radius and has three branches. The third column (Column F) is centered in the final slide circle, and has four branches. The final two columns (Column G and Column H, respectively) sit directly beneath the slide as it makes its final turn. The branches off of the center columns described above are comprised of horizontal HSS members that sit directly below the given slide elevation and a diagonal strut that reaches out from the column to the bottom of the horizontal HSS. These three elements, the column, horizontal HSS, and diagonal strut, are bolted to one another through specific welded-up plate connections. The slide structure is bolted to a vertical steel plate at the top of the horizontal HSS, at each given branch location. Each column is supported on its own isolated foundation. Overall, these structures did not have as much visible damage as the bridge or tower framing. The following deficiencies were noted at various locations throughout the columns, branches, and connectors, unless noted at a specific location: 3.1. Bolts and associated nuts and washers connecting the various components of each branch were covered by rust in some locations. 3.2. Horizontal HSS beams were at times rusted below the slide connection and/or at the ends of the tubes. 3.3. Various vertical steel plates used to connect the slide to the supporting steel frame had experienced significant deterioration, noted specifically at Columns B & C. 3.4. Connection plates from the branch components showed signs of rust at Column E & F. 3.5. Various baseplates showed signs of rust around the exterior of the plates, and in some cases the bolts and nuts showed signs of rust. 3.6. The baseplate for Column G was entirely covered in mud. Gessner Engineering recommends all steel components be cleaned and repaired in accordance with the procedures described in the ‘‘General Recommendations’’ section of this report. The following recommendations correspond to the above noted deficiencies 3.1. All bolts, nuts, and washers showing significant signs of rust shall be removed and replaced with equally sized, galvanized A325 bolts and associated components. GESSNER ENGINEERING CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING 3.2. Where this rust had resulted in section loss, a ¼’’ A36 steel plate shall be placed over the affected area, after having been cleaned as specified. This plate shall extend a minimum 4’’ to either side of the affected area. Rusted ends of the tubes shall be cleaned as specified and sealed with a new cap plate so as to not allow potential water infiltration. 3.3. These plates and associated bolts shall be removed and replaced in their entirety. 3.4. If the rust is limited to the accessible side of the plates, the components may be cleaned in place and re- finished. Deconstruction of the bracing components may be required if rust is noted at the inaccessible side of the plates in order to properly remove the rust and refinish the surface. 3.5. Baseplates and anchors shall be cleaned as recommended and nuts shall be replaced where encapsulated in rust. Once baseplates and anchors have been cleaned down to bare, clean material, Gessner Engineering shall be contacted to evaluate the remaining conditions. 3.6. Site remediation shall be conducted to ensure the adjacent grade is not above the top of the pier. Reference the ‘‘General Remediation’’ section of this report for additional recommendations regarding the cleaning and re-finishing of the various steel components. General RemediationGeneral RemediationGeneral RemediationGeneral Remediation RecommendationsRecommendationsRecommendationsRecommendations The above noted deficiencies are not intended to represent a complete and exhaustive list of defects which may be present. All steel members and components shall be cleaned and re-finished in accordance with the procedures specified below. If the repair of an item is not specifically detailed above, it shall still be cleaned, refinished, and reassembled. It is important to note that partial deconstruction may be required in order to properly clean components or conduct the proposed remediation. If any bolts or associated connectors are damaged or unable to be adequately cleaned, an equivalent component, either galvanized or primed and painted, shall be used in its place. Should the contractor note any components with damage similar to that explicitly described above, they shall contact Gessner Engineering for further evaluation, prior to refinishing the component. The undersides of all aluminum panels shall be power washed so as to remove standing debris and organic matter. Once this has been conducted, the contractor shall ensure that all panels are appropriately connected to their supporting steel framing members. Where rust is present, Gessner Engineering recommends the surface of all rusted steel be cleaned to meet The Society of Protective Coatings (SSPC) standard SP3. Remove all loose mill scale, loose rust, loose paint, and other loose detrimental foreign matter by power wire brushing, power sanding, power grinding, power tool shipping, and/or power tool descaling. Primer and paint shall then then be applied to the steel. Primer shall be a lead and chromate free, non- asphaltic and rust-inhibiting primer. Paint shall be a high-zinc dust content paint with dry film containing not less than 93 percent zinc dust by weight, complying with SSPC. Do not begin application of coatings until substrates have been properly prepared. Apply all coatings with manufacturer specifications in mind, using methods recommended by manufacturer. Regardless of the number of coats specified, apply as many coats as necessary for complete and uniform appearance. New steel components shall be coated with the same procedures used for any existing steel. GESSNER ENGINEERING CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING General Conclusions General Conclusions General Conclusions General Conclusions Signs of rust and deterioration are prevalent throughout the inspected steel framing. Damage ranges from complete section loss requiring replacement of the given components to minimal surficial rusting adequately remediated through the cleaning and re-finishing process noted above. The contractor shall ensure that all components are repaired in accordance with the recommendations detailed above. Gessner Engineering shall be contacted for additional evaluation of remaining conditions where noted throughout the report, prior to re-finishing those given components. Gessner Engineering appreciates the opportunity to work with you and trusts that this letter is responsive to your project needs. If you need any assistance or have any questions with respect to this letter please feel free to contact us. Sincerely, GESSNER ENGINEERING, LLC (F-7451) Nikolas A. Gomes, E.I.T. Thomas E. Gessner, P.E. GESSNER ENGINEERING CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING AppendixAppendixAppendixAppendix Image 1- Adamson Lagoon Slide & Bridge Image 2- Adamson Lagoon Bridge Image 3- Rusted Stair Support (1.1) Image 4- Rusting Beam and Plate (1.2) GESSNER ENGINEERING CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING AppendixAppendixAppendixAppendix Image 5- Rusted Stringer Foundation Connection (1.4) Image 6- Deteriorating Base Plate (1.5) Image 7- Deteriorating Handrailing at Platform (2.1) Image 8- Deteriorating Platform Framing (2.2 & 2.3) GESSNER ENGINEERING CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING AppendixAppendixAppendixAppendix Image 10- Pipe Bracing & Column Deterioration (2.5) Image 11- Corroded Handrail Base (2.6) Image 9- Deteriorating Tension Rod Assembly (2.4) Image 12- Corroded Handrailing (2.6) GESSNER ENGINEERING CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING AppendixAppendixAppendixAppendix Image 13- Rusting Stringer & Landing Framing (2.7) Image 14- Tube Steel Connection Rusting (2.8) Image 15- Deteriorating Low Landing Framing (2.9) Image 16- Rusting at Column Base (2.10) GESSNER ENGINEERING CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING AppendixAppendixAppendixAppendix Image 17- Branch Bolts Rusting (3.1) Image 18- Horizontal HSS Beam Deterioration (3.2) Image 19- Vertical Plate Deterioration (3.3) Image 20- Deteriorating Connection Plates (3.4) City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0188 Name:TexPool Resolution Amendment Status:Type:Presentation Consent Agenda File created:In control:3/29/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, TexPool. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:TEXPOOL Resolution Action ByDate Action ResultVer. Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, TexPool. Recommendation(s):Staff recommends approval of the resolution. Summary:Organized in 1989, TexPool is the largest and oldest local government investment pool in the State of Texas. TexPool currently provides investment services to over 1,700 communities throughout Texas.The State Comptroller oversees TexPool, and Federated Investors manage the daily operations of the pool under a contract with the Comptroller.TexPool is managed conservatively to provide a safe, efficient, and liquid investment alternative to Texas governments. The pool seeks to maintain a $1.00 value per share as required by the Texas Public Funds Investment Act. TexPool investments consist exclusively of U. S. Government securities, repurchase agreements collateralized by U. S. Government securities, and AAA-rated no-load money market mutual funds. TexPool is rated AAAm by Standard & Poor's, the highest rating a local government investment pool can achieve. The weighted average maturity of the pool cannot exceed 60 days, with the maximum maturity of any investment limited to 13 months. TexPool, like the City, is governed by the Texas Public Funds Investment Act. The resolution amendment is to add Finance Director, Mary Ellen Leonard and Finance Analyst, Brandi Whittenton as an authorized representative to the account. Kelly Templin, City Manager, and Jeff Kersten, Assistant City Manager will remain on the account as designate employees that are able to authorize transactions for the City’s TexPool account. Budget & Financial Summary:None Reviewed and Approved by Legal:Yes Attachments: 1.Resolution Amending Authorized Representatives College Station, TX Printed on 4/8/2016Page 1 of 2 powered by Legistar™ File #:16-0188,Version:1 College Station, TX Printed on 4/8/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0189 Name:TexStar Resolution Amendment Status:Type:Presentation Consent Agenda File created:In control:3/29/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, Texas Short Term Asset Reserve (“TexSTAR”). Sponsors:Jeff Kersten Indexes: Code sections: Attachments:TEXSTAR Resolution Action ByDate Action ResultVer. Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, Texas Short Term Asset Reserve (“TexSTAR”). Recommendation(s):Staff recommends approval of the resolution. Summary:Organized in 2002, TexSTAR is the second largest local government investment pool in the State of Texas. TexSTAR currently provides investment services to over 600 Texas cities, counties, school districts and other public entities. TexSTAR offers investment options that provide security, liquidity and efficiency and their conservatively managed fund operates in full compliance with the Texas Public Funds Investment Act. TexSTAR’s pool is rated AAAm by Standard & Poor’s, the highest rating a local government investment pool can achieve.The pool seeks to maintain a $1.00 value per share as required by the Texas Public Funds Investment Act and a weighted average maturity of 60 days, with the maximum maturity of any investment limited to 13 months. TexSTAR investments consist exclusively of U. S. Government securities, repurchase agreements collateralized by U. S. Government securities, and AAA-rated no-load money market mutual funds. TexSTAR, like the City, is governed by the Texas Public Funds Investment Act. First Southwest oversees TexSTAR, and JP Morgan Fleming Asset Management manages the daily operations of the pool. The resolution amendment is to add Finance Director, Mary Ellen Leonard and Finance Analyst, Brandi Whittenton as authorized representative to the account. Kelly Templin, City Manager, and Jeff Kersten, Assistant City Manager will remain on the account as designate employees that are able to authorize transactions for the City’s TexStar account. Budget & Financial Summary: None. Reviewed and Approved by Legal:Yes Attachments: 1.Resolution Amending Authorized Representatives College Station, TX Printed on 4/8/2016Page 1 of 2 powered by Legistar™ File #:16-0189,Version:1 College Station, TX Printed on 4/8/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0196 Name:Holleman Real Estate Contract Status:Type:Contract Consent Agenda File created:In control:3/31/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion regarding a Real Estate Contract with Red Rock Alchemy, LLC conveying 5.621 acres of City property described as Lots 6-14, Block 1 of the Pooh's Park Subdivision Section One located at Holleman Drive at Lassie Lane in the amount of $2,495,000. Sponsors:Natalie Ruiz, Debbie Eller Indexes: Code sections: Attachments:Holleman Property - Location Map Real Estate Contract - Holleman Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a Real Estate Contract with Red Rock Alchemy, LLC conveying 5.621 acres of City property described as Lots 6-14, Block 1 of the Pooh's Park Subdivision Section One located at Holleman Drive at Lassie Lane in the amount of $2,495,000. Relationship to Strategic Goals: ·Financially Sustainable City ·Core Services and Infrastructure Recommendation:Staff recommends approval of the real estate contract and related documents to convey approximately 5.621 acres of land to Red Rock Alchemy, LLC. Summary:College Station acquired 6.125 acres of property from Don Ray Dale,Ltd in October 2009.The tract was intended to be developed as a mixed use project that would include affordable housing and economic development.After two requests for proposals and substantial changes in the financial markets,the City Council directed staff to reject bids and not pursue the project.Since December 2011,the City has marketed the property for sale and entertained various proposals that were rejected.Staff performed a methodical marketing process for the property,completing with a “Request for Offers”.There were several interested parties and in December 2015,four Letters of Intent were received. The contract that is being considered today represents the highest offer. Note that the property being sold is 5.621 acres,which represents the 6.125 acres purchased in October 2009, less 0.504 acres that will be retained by the City for street right-of-way. Budget & Financial Summary:The sales price is $2,495,000.00. Proceeds in the amount of College Station, TX Printed on 4/8/2016Page 1 of 2 powered by Legistar™ File #:16-0196,Version:1 $2,390,844.31, amount previously drawn from the Community Development Block Grant, will be reimbursed to the City’s Line of Credit with the U. S. Department of Housing and Urban Development. The balance, after closing costs, will reimburse the General Fund for amounts previously repaid to HUD. The amount available in the Line of Credit will be available for use on another eligible project, subject to grant timeliness requirements. Attachments: 1.Map 2.Real Estate Contract College Station, TX Printed on 4/8/2016Page 2 of 2 powered by Legistar™ View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4375957&GUID=D0874E9E-4765-4628-B827-9C1146D32B1C[4/8/2016 1:31:15 PM] City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:216-0197 Name:Agreement Designating Fire Station Site Status:Type:Presentation Consent Agenda File created:In control:3/31/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion to ratify an agreement between McAlister Opportunity Fund 2012, LP, and the City of College Station designating a two-acre site within the Brazos County Municipal Utility District #1 as a possible option site for a future fire station Sponsors:Eric Hurt Indexes: Code sections: Attachments:Option Site Agreement Executed.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion to ratify an agreement between McAlister Opportunity Fund 2012, LP, and the City of College Station designating a two-acre site within the Brazos County Municipal Utility District #1 as a possible option site for a future fire station Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends the Council ratify the Agreement Designating Fire Station Site Summary: Effective March 12, 2015, the City entered into a development agreement with McAlister Opportunity Fund 2012, LP, for the development of land within the Brazos County Municipal Utility District #1. Under Article V of the development agreement, the developer agreed to grant the City a ten-year option to purchase a two-acre site within the development for a possible future fire station. Under Section 5.1(a) of the agreement, the parties were to agree on the location of the site on or before March 12, 2016. The parties agreed to a site located near the overpass located near the intersection of Highway 6 and the planned main entrance to the development. The Council's approval will ratify such agreement. Budget & Financial Summary: None Attachments: Agreement Designating Fire Station Site College Station, TX Printed on 4/8/2016Page 1 of 2 powered by Legistar™ File #:16-0197,Version:2 College Station, TX Printed on 4/8/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0198 Name:FM 2154 Temporary Speed Limit Reduction Status:Type:Ordinance Consent Agenda File created:In control:3/31/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion on an ordinance amending Chapter 10, Traffic Code, Section 3, F., Temporary Speed Limits Established for Certain Described Streets, Traffic Schedule XIII - Temporary Speed Limits Speed Limits, of the College Station Code of Ordinances by amending the posted speed limit on FM 2154 between Mile Post 15.513 to Mile Post 15.994 to 50 mph and Greens Prairie Trail from the intersection with FM 2154 to Flagstone Court to 35 mph for the duration of the Texas Department of Transportation managed FM 2154 & Greens Prairie Trail Intersection Improvements project when reduced speed limit signs are posted. Sponsors:Donald Harmon Indexes: Code sections: Attachments:FM 2154Temporary Speed Limit Reduction Ordinance.pdf Project Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on an ordinance amending Chapter 10, Traffic Code, Section 3, F., Temporary Speed Limits Established for Certain Described Streets, Traffic Schedule XIII - Temporary Speed Limits Speed Limits, of the College Station Code of Ordinances by amending the posted speed limit on FM 2154 between Mile Post 15.513 to Mile Post 15.994 to 50 mph and Greens Prairie Trail from the intersection with FM 2154 to Flagstone Court to 35 mph for the duration of the Texas Department of Transportation managed FM 2154 & Greens Prairie Trail Intersection Improvements project when reduced speed limit signs are posted. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: TXDOT is adding left and right turn lanes on FM 2154 at its intersection with Greens Prairie Trail as well as widening Greens Prairie Trail for approximately 200 feet. The project will include the reconstruction of the road subgrade, existing pavement and the additional pavement for the right and left turn lanes. The project is estimated to take 10 months to complete. TXDOT has requested the speed limit reduction due to the construction activities that will need travel lane widths along FM 2154 & Greens Prairie Trail temporarily reduced. In addition to reduced lane widths during certain phases of construction it will be required that there be travel lane closures without barriers. This speed reduction will help improve the safety of motorists and construction crews. The reduced speed limit will only be utilized in the active work zone and when 50 mph speed limit signs are posted along FM 2154 and 35 mph speed limit signs are posted along Greens Prairie Trail. The College Station, TX Printed on 4/8/2016Page 1 of 2 powered by Legistar™ File #:16-0198,Version:1 temporary speed reduction ordinance will expire at the completion of the project. Budget & Financial Summary: The passage of this ordinance will not result in any direct costs to the City as the contractor will install and maintain the necessary speed limit signs associated with this temporary speed reduction. Attachments: 1.Ordinance 2.Location Map College Station, TX Printed on 4/8/2016Page 2 of 2 powered by Legistar™ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, SECTION 3, “SPEED LIMITS”, SUBSECTION F, “TEMPORARY SPEED LIMITS ESTABLISHED FOR CERTAIN DESCRIBED STREETS”, TRAFFIC SCHEDULE XIII, “TEMPORARY SPEED LIMITS”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING FM 2154 FOR TRAFFIC MOVING NORTH AND SOUTH FROM MILE POST 15.513 TO MILE POST 15.994, THE SPEED LIMIT SHALL BE FIFTY (50) MILES PER HOUR IN CONSTRUCTION ZONES WHEN POSTED AND GREENS PRAIRIE TRAIL FOR TRAFFIC MOVING EAST AND WEST FROM FM 2154 TO FLAGSTONE COURT, THE SPEED LIMIT SHALL BE THIRTY FIVE (35) MILES PER HOUR IN CONSTRUCTION ZONES WHEN POSTED, AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 10, “Traffic Code”, Section 3 “Speed Limits”, Subsection F (1) “Temporary Speed Limits Established For Certain Described Streets”, Traffic Schedule XIII, “Temporary Speed Limits”, of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective when temporary speed limit signs are posted designating the reduced speed limit and expires when the temporary speed limit signs are removed at the completion of the Texas Department of Transportation’s managed FM 2154 & Greens Prairie Trail Intersection Improvements Project. Ordinance No. _________ Page 2 of 3 PASSED, ADOPTED and APPROVED this 14th day of April, 2016. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Ordinance No. _________ Page 3 of 3 EXHIBIT “A” Chapter 10, “Traffic Code”, Section 3 “Speed Limits”, Subsection F (1) “Temporary Speed Limits Established For Certain Described Streets” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding the following to Traffic Schedule XIII: FM 2154 - for traffic moving north and south from Mile Post 15.513 to Mile Post 15.994, the speed limit shall be fifty (50) miles per hour in construction zones when posted. After the FM 2154 and Greens Prairie Trail Intersection Improvements Project completion and temporary speed limit signs are removed, speed limits shall revert to those established by Ordinance No. 2621 dated April 10, 2003. This ordinance does not repeal Ordinance No. 2621 dated April 10, 2003. Greens Prairie Trail - for traffic moving east and west from FM 2154 to Flagstone Court, the speed limit shall be thirty five (35) miles per hour in construction zones when posted. After FM 2154 and Greens Prairie Trail Intersection Improvements Project completion and temporary speed limit signs are removed, speed limits shall revert to those established by Ordinance No. 2621 dated April 10, 2003. This ordinance does not repeal Ordinance No. 2621 dated April 10, 2003. GREENS PRAIRIE TRFM2154STEWART DRSTONY BROOKTRIPLE RIDGE MEREDITH LN IRISL N FLAGSTO NE CT ROYDERRD CLA Y T O N FAIRCREST DR DYMPLE LN LEDGESTONETRI &GNRDHIDDENACRE S D R Spee d Limit Reductio n Area-Greens Prairie Trail . Spee d Limit Reductio n Area-FM 215 4 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0199 Name:Luther Street Construction Contract Status:Type:Contract Consent Agenda File created:In control:3/31/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion regarding approval of the construction contract (Contract No. 16300229) with Brazos Paving in the amount of $1,099,608.81 for the Luther Street Rehabilitation Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Project Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of the construction contract (Contract No. 16300229) with Brazos Paving in the amount of $1,099,608.81 for the Luther Street Rehabilitation Project. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the construction contract with Brazos Paving. Summary: The Luther Street Rehabilitation Project will include reconstruction of 3500 LF of existing HMAC roadway from FM 2818 to Penberthy Dr. with a concrete roadway section. Also, the project will relocate approximately 400 LF of 16” waterline along this portion of Luther Street. Budget & Financial Summary: A total of $2,410,000 has been budgeted for this project. This includes $2,220,000 in the Streets Capital Improvement Projects Fund and $190,000 in the Water Capital Improvement Projects Fund. The construction contract for the streets portion of the project is significantly under budget due to adjustments from original project scope. The excess project budget will be transferred to other street capital improvement projects that are estimated to come in over budget. Attachments: 1.Contract on file in the City Secretary's Office 2.Project Map College Station, TX Printed on 4/8/2016Page 1 of 1 powered by Legistar™ G E O R G E B U S H D RLUTHER ST WG EORGEBUSHDRH A RVEYMITCHELLPWS PENBERTHYBL WOODSMANDRBARBAR A B U S H DRSI ENNA DR N U C L E A R SCIEN C E R D JONES BUTLER RD RES E A R CHPWGRIDIRON DR LEGACY L NREE D D R MARI ON PUGH DR Proje ct L oca tion . City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0200 Name:Rock Prairie Road Widening Construction Contract Status:Type:Contract Consent Agenda File created:In control:3/31/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion on a construction contract (Contract No. 16300230) with Larry Young Paving in the amount of $3,935,724.15 for the construction of the Rock Prairie Road Widening Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Rock Prairie West location map GIS.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a construction contract (Contract No. 16300230) with Larry Young Paving in the amount of $3,935,724.15 for the construction of the Rock Prairie Road Widening Project. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the contract with Larry Young Paving. Summary: The scope of this contract is for the construction of the Rock Prairie Road West Widening Project. This project will improve the capacity of the street and align additional lanes with the Rock Prairie Road overpass. This project will extend from Normand Drive to the east approximately 450’ past the northbound feeder road of State Highway 6. Improvements include concrete pavement, 8’ and 10’ sidewalks, a new traffic signal at Longmire, and underground duct bank for electrical utilities. Budget & Financial Summary: The streets portion of the construction bid is $3,120,241.65. A total project budget of $2,597,921 is included for this project in the Streets Capital Improvement Projects Fund. A total of $289,712 has been expended or committed to date, leaving a balance of $2,308,209 for construction. As the construction contract exceeds the funds available, additional budget will be transferred from multiple projects to offset the overage. The remaining portion of the bid in the amount of $815,482.50 is for the electric component of the project. The budget for this component of the project is included in the Electric Capital Improvement Projects Fund. Attachments: 1.Contract on file in the City Secretary's Office 2.Project Map College Station, TX Printed on 4/8/2016Page 1 of 2 powered by Legistar™ File #:16-0200,Version:1 College Station, TX Printed on 4/8/2016Page 2 of 2 powered by Legistar™ ROCK PRAIRIE ROADLONGMIRE DRIVE S H 6 S O U T H F R O N T A G E 6 R O A D E A S T O F F R A M P 6 SPONDEROSA DRIVEFR O NTA GE 6 RD WFRONTAGE TEXAS AVE SN O R MA N D D R I V E OF F RAMP 6 NPINON DRIVEO N R A M P 6 N E A R L R U D D E R F R E E W A Y S O U T H LO D G EP OLE D RIVE WOODCREEK DRIVEB LU E STE M D RIV E L O N G LE A F CIR C LE L O D G E P O LE CIR C LE B L U E STE M CIR C LE BIRMINGHAM ROADC O A S T A L D R I V E L O N G L E A F D R IV E GRAMMA COURTS H 6 S O U T H . Rock Prairie Road West Widening Location City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0201 Name:Veterans Park and Athletic Complex Design Contract Status:Type:Contract Consent Agenda File created:In control:3/31/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion regarding approval of a Professional Services Contract (No. 16300135) with Halff Associates Inc. in the amount of $389,509 for the professional engineering services related to design and associated construction phase services of the Veterans Park and Athletic Complex Build-Out, Phase 1. Sponsors:Donald Harmon Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding approval of a Professional Services Contract (No.16300135)with Halff Associates Inc.in the amount of $389,509 for the professional engineering services related to design and associated construction phase services of the Veterans Park and Athletic Complex Build-Out, Phase 1. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract. Summary: The Veteran’s Park and Athletic Complex Build-Out, Phase 1 consists of adding two additional full size athletic fields, lighting, parking spaces, and amenities. Located on the University Drive side of the park, the multi-use athletic fields will be constructed of synthetic turf, similar to the recently installed synthetic turf fields adjacent to the American Pavilion. Budget &Financial Summary:Budget in the amount of $3,673,274 is included for this phase of the project in the Hotel Tax Fund. Legal Review: Yes. Attachments: 1.Contract No. 16300135 (on file with the City Secretary) College Station, TX Printed on 4/8/2016Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0202 Name:TXDoT AFA Resolution Revision Status:Type:Resolution Consent Agenda File created:In control:3/31/2016 City Council Regular On agenda:Final action:4/14/2016 Title:Presentation, possible action, and discussion regarding approval of a resolution allowing the mayor to sign an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the City of College Station’s cost participation in the TXDOT FM 2154 and Green’s Prairie Trail Intersection Improvements project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:2 RES TXDOT-revised 452015.pdf Partially_Execute AFA_FM2154_0540-04-072_CoCS.pdf Project Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a resolution allowing the mayor to sign an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the City of College Station’s cost participation in the TXDOT FM 2154 and Green’s Prairie Trail Intersection Improvements project. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the resolution. Summary: The resolution was originally approved at the March 10th Council meeting and the agreement was signed on March 14th. After the partially executed agreement was delivered to TXDOT they requested that the resolution be redrafted and reapproved with references to utilities taken out. The resolution has been modified per TXDOT request but no language in the agreement has changed from the one approved on March 10th, 2016. This project is for the improvements to Greens Prairie Trail and FM 2154. It is anticipated that this project will be completed in coordination with Brazos County and TxDOT. Phase 1 will be bid by the County with participation from the City for traffic signal items. Phase II will be bid by TxDOT with participation from the County and the COCS. The project is for the construction of an extension of Greens Prairie Trail located within College Station city limits extending from FM 2154 at its intersection with Greens Prairie Trail west to the City of College Station city limits. Budget & Financial Summary: A total project budget of $600,000 is included for this project in the Streets Capital Improvement Projects Fund. Legal Review: Yes. College Station, TX Printed on 4/8/2016Page 1 of 2 powered by Legistar™ File #:16-0202,Version:1 Attachments: 1.Resolution 2.Agreement 3.Project Map College Station, TX Printed on 4/8/2016Page 2 of 2 powered by Legistar™ RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDoT”) AUTHORIZING THE CONTRIBUTION OF $450,000 TO TXDoT FOR IMPROVEMENTS TO THE INTERSECTION OF FARM TO MARKET ROAD 2154 (AKA WELLBORN ROAD) AT ITS INTERSECTION WITH GREENS PRAIRIE TRAIL ROAD WITHIN THE CITY LIMITS AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. WHEREAS, TXDoT has deemed it necessary to make certain highway improvements on FM 2154 (aka Wellborn Road) at its intersection with Greens Prairie Trail in College Station, Texas (the “Project”); and WHEREAS, the City Council of the City of College Station, Texas, desires to enter into a fixed price joint participation agreement with TXDoT to contribute to some of the cost of construction related to the Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves an agreement with TXDoT to contribute an amount not to exceed $450,000.00 for the costs associated with some of the construction related to the Project as set forth in the Advance Funding Agreement for a Miscellaneous Rehabilitation/Preventative Maintenance Improvement Project on System as set forth in Exhibit “A” attached hereto. PART 2: That this resolution shall take effect immediately from and after its passage. ADOPTED this 10th day of March, A.D. 2016. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For A MISCELLANEOUS REHABILITATION /PREVENTATIVE MAINTENANCE IMPROVEMENT PROJECT ON-SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of College Station, acting by and through its duly authorized officials, called the “Local Government.” WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 114335, authorizing the State to undertake and complete a highway improvement generally described as improving the intersection of FM 2154 (Wellborn Road) at Greens Prairie Trail called the “Project”; and, WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated ______________, 2016, which is attached to and made a part of this agreement as Attachment “A” for the improvement covered by this agreement. A map showing the Project location appears in Attachment “B,” which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AFA-AFA_LongGen Page 1 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The State will let and construct a project to improve the intersection of FM 2154 at Greens Prairie Trail consisting of grading, base, surface, pavement markings and markers. In addition, left turn lanes and right turn lanes will be constructed on FM 2154 along with the installation of traffic signals at this intersection. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget – Attachment “C”, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties are shown in Attachment “C”. The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. The Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. AFA-AFA_LongGen Page 2 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development E. The Local Government will be responsible for all non-federal or non-state participation costs associated with the Project, otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. Where a Special Approval has been signed by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. F. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government’s funding share for the estimated cost of preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State’s estimated construction oversight and construction cost. G. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation.” The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied by the State to the Project. H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government’s contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. I. The State will not pay interest on any funds provided by the Local Government. J. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. K. If the Project has been approved for a specified percentage or a “periodic payment” non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the specified percentage or the periodic payment schedule. L. If the Local government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. M. When a Special Approval has been signed by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State’s written notification of those amounts. N. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. AFA-AFA_LongGen Page 3 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development O. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Q. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government’s failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State’s request, a certification stating that the Local AFA-AFA_LongGen Page 4 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. B. The Local Government is responsible for the cost of any environmental problem’s mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The State has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State’s Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. AFA-AFA_LongGen Page 5 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The State will use its approved contract letting and award procedures to let and award the construction contract. C. Upon completion of the Project, the party constructing the Project will issue and sign a “Notification of Completion” acknowledging the Project’s construction completion. D. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form “FHWA-1273” in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of College Station Department of Public Works PO Box 9960 College Station, Texas 77842 State: Director of Contract Services Office Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. AFA-AFA_LongGen Page 6 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement’s subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or AFA-AFA_LongGen Page 7 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Civil Rights Compliance The Local Government shall comply with the regulations of the United States Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled “Equal Employment Opportunity,” as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 24. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State’s federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou_attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material AFA-AFA_LongGen Page 8 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 25. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the Stat e, to furnish a copy of the certification. 26. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory’s knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 27. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all AFA-AFA_LongGen Page 9 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows Federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 29. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT’s Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. The expenditure threshold for fiscal years beginning prior to December 31, 2014 is $500,000; the expenditure threshold for fiscal years beginning on or after December 31, 2014 is $750,000. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $______ expenditure threshold and therefore, are not required to have a single audit performed for FY ______." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise AFA-AFA_LongGen Page 10 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 30. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT _________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ Kenneth Stewart Director of Contract Services Texas Department of Transportation _________________________________ Date AFA-AFA_LongGen Page 11 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-AFA_LongGen Page 1 of 1 Attachment A CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B Location Map Showing Project AFA-AFA_LongGen Page 1 of 1 Attachment B CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET Costs will be allocated based on applicable Federal/State funding and a fixed amount of Local Government funding until Local Government funding reaches the maximum obligated amount. The State will then be responsible for 100% of the costs. Description Cost Federal Participation State Participation Local Participation Cost Cost Cost Construction (By State) $1,790,000.00 $1,350,000.00 $0.00 $440,000.00 Utilities (By LG) $150,000.00 $0.00 $0.00 $150,000.00 Subtotal $1,940,000.00 $1,350,000.00 $0.00 $590,000.00 Construction (Direct State Cost) $100,000.00 $0.00 $100,000.00 $0.00 Utilities (Direct State Cost) $5,000.00 $0.00 $5,000.00 $0.00 Environmental (Direct State Cost) $5,000.00 $0.00 $5,000.00 $0.00 Engineering (Direct State Cost) $20,000.00 $0.00 $20,000.00 $0.00 Right of Way (Direct State Cost) $1,000.00 $0.00 $1,000.00 $0.00 Indirect State Costs $10,000.00 $0.00 $10,000.00 $0.00 TOTAL $2,081,000.00 $1,350,000.00 $141,000.00 $590,000.00 *The Utilities (by Local Government) cost shown above is for Utility Relocations only within Greens Prairie Trail Right of Way. Initial Payment by the Local Government to the State: $0.00 Payment by the Local government to the State before construction: $440,000.00 Total payment by the Local Government to the State: $440,000.00 The total amount of Local Government participation shall not exceed the amount appearing above. AFA-AFA_LongGen Page 1 of 1 Attachment C G R E E N S P R A IR IE T RFM 2154L E D G E S T O N E T R I & GN RDC L A Y T O N FLAGSTO NE CT HIDDE N A C R E S D R Greens Prarie Trail Pro ject .