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HomeMy WebLinkAbout01/13/2022 - Regular Agenda Packet - City CouncilCITY OF COLLEGE STATION Home of Texas A&.M University° January 13, 2022 College Station, TX Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: https://zoom.us/j/96728393278 *Phone: 888 475 4499 and Meeting ID: 967 2839 3278 4:00 PM City Hall Council Chambers This meeting will offer both in -person and remote participation following both the City's Guidelines for in -person, virtual attendance, and the speaker protocol in the agenda. The city uses a third -party vendor to help host the meeting and if the call -in number is not functioning access will be through the internet link only. 1. Call to Order. 2. Executive Session is Closed to the Public and Will Be Held in the Administrative Conference Room. The Open Meeting Will Resume No Earlier Than 5:00 PM. Consultation with Attorney {Gov't Code Section 551.0711: Possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney -client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney - client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed. Litigation a. Kathryn A. Stever -Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas b. McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17- 000914-CV-361; In the 361st District Court, Brazos County, Texas c. City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas d. Claim Related to Termination of Former Employee Personnel {Gov't Code Section 551.0741: Possible action. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a. Construction Board of Adjustments b. Planning and Zoning Commission c. Zoning Board of Adjustments d. City Secretary e. City Manager f. Council Self Evaluation College Station, TX Page 1 Page 1 of 345 City Council Economic Incentive Negotiations {Gov't Code Section 551.087}; Possible action. The City Council may deliberate on commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the city which the City Council in conducting economic development negotiations may deliberate on an offer of financial or other incentives for a business prospect. After executive session discussion, any final action or vote taken will be in public. The following subject(s) maybe discussed: a. Deliberation of an offer of economic incentives to a business prospect in the biocorridor area. 3. Reconvene from Executive Session and Take Action, if Any. 4. Pledge of Allegiance, Invocation, and Consider Absence Request. Speaker Protocol An individual who wishes to address the City Council regarding any item on the agenda other than those items posted for Executive Session shall register with the City Secretary two (2) hours prior to the meeting being called to order. Individuals must register to speak or provide written comments at https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling 979-764- 3500. Upon being called to speak an individual must state their name and city of residence, including the state of residence if the city is located out of state. Speakers are encouraged to identify their College Station neighborhood or geographic location. Each speaker's remarks are limited to three (3) minutes. Any speaker addressing the Council through the use of a translator may speak for six (6) minutes. At the (3) minute mark the City Secretary will announce that the speaker must conclude their remarks. 5. Hear Visitors. During Hear Visitors an individual may address the City Council on any item which does not appear on the posted agenda. The City Council will listen and receive the information presented by the speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concern shall be directed to the City Manager. 6. Workshop Items. 6.1. Presentation, discussion, and possible action on an update from the College Station Police Department. Sponsors: Billy Couch Attachments: None 6.2. Presentation, discussion, and possible action on an update from the College Station Fire Department. Sponsors: Richard Mann Attachments: None 7. Consent Items. Presentation, discussion, and possible action on consent items which consist of ministerial or "housekeeping" items as allowed by law. A Councilmember may request additional information at this time. Any Councilmember may remove an item from Consent for discussion or a separate vote. 7.1. Presentation, discussion, and possible action of minutes for: Page 2 January 13, 2022 Page 2 of 345 City Council • December 9, 2021 Council Meeting • December 22, 2021 Special Meeting Sponsors: Tanya Smith Attachments: 1. CCM120921 DRAFT Minutes 2. SM122221 DRAFT Minutes 7.2. Presentation, discussion, and possible action on approval of a resolution consenting to the City Council of the City of Bryan providing economic development incentives to FUJIFILM Diosynth Biotechnologies Texas, LLC. Sponsors: Natalie Ruiz Attachments: 1. Constent Resolution_Bryan EDA_1-13-22 7.3. Presentation, discussion, and possible action approving the annual purchase of janitorial supplies with an estimated annual expenditure of $200,000. Sponsors: Mary Ellen Leonard Attachments: 1. 22-004 Janitorial Supplies 7.4. Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Zters Inc., dba Zters Site Services for the collection of recyclables from commercial businesses and multi -family locations. Sponsors: Emily Fisher Attachments: 1. 22300188 Zters Site Services LLC - COCS Recyclables Franchise Agreement_1-27-2022 7.5. Presentation, discussion, and possible action regarding a professional services contract with Weisinger, INC. in the amount of $673,947 for the completion of rehabilitation of water wells 1 and 2 for the City of College Station. Sponsors: Gary Mechler Attachments: 1. Contract No 22300171 - BW (Weisinger, Inc) 2. Tabulation 22-014 3. Project Location Map 7.6. Presentation, discussion, and possible action regarding purchasing upgraded replacement host servers from Avinext for $175,559.60. Sponsors: Sam Rivera Attachments: 1. DL360 G10 x 5 Hosts - discounted 7.7. Presentation, discussion, and possible action regarding the renewal of an existing contract between the City of College Station and Xpedient Mail in the amount of $210,000. Sponsors: Mary Ellen Leonard Attachments: 1. 20300200R2 7.8. Presentation, discussion, and possible action regarding a construction contract with Air Cleaning Technologies, Inc for vehicle exhaust removal systems not to exceed $185,423. Sponsors: Richard Mann Attachments: 1. 22300136 Air Cleaning Technologies, Inc Page 3 January 13, 2022 Page 3 of 345 City Council 7.9. Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules", Section 38-1005 "Traffic Schedule V, School Zones" by adding Renee Lane 175 feet from Barron Road. Sponsors: Emily Fisher Attachments: 1. Sign Placement Layout 2. Ordinance Form Ch. 38 7.10. Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules", Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits by temporarily reducing the speed limit on FM 2154 (Wellborn Road). Sponsors: Emily Fisher Attachments: 1. Project Map 2. Fm 2154 1 CH 38 Temp Speed Limit (1) 7.11. Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules", Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits by temporarily reducing the speed limit on Greens Prairie Road from Arrington Road to Dalton Drive. Sponsors: Emily Fisher Attachments: 1. Project Map 2. Greens Prairie Road 1 CH 38 Temp Speed Limit 7.12. Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules", Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits by temporarily reducing the speed limit on Rock Prairie Road West from Holleman Drive South to FM 2154 (Wellborn Road). Sponsors: Emily Fisher Attachments: 1. Project Map - ROck Prairie 2. Rock Prairie 1 CH 38 Temp Speed Limit 7.13. Presentation, discussion, and possible action regarding Change Order No. 1 in the amount of $57,055 to the construction contract with Elliott Construction for the State Highway 6 Waterline Project Phase III. Sponsors: Emily Fisher Attachments: 1. CO#1 2. SH 6 WL Project Map 8. Regular Items. 8.1. Public Hearing, presentation, discussion, and possible action approving an ordinance vacating and abandoning 0.489 acres of Turkey Creek Road right-of-way, said right-of-way being the southeast corner of the intersection of Turkey Creek Road and HSC Parkway, according to the conveyance deed recorded in Volume 195, Page 241, of the Official Records of Brazos County, Texas. Sponsors: Amy Milanes Attachments: 1. Ordinance 2. Ordinance Exhibit A 3. Ordinance Exhibit B 4. Vicinity Map 5. Location Map Page 4 January 13, 2022 Page 4 of 345 City Council 6. Application 8.2. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, "Unified Development Ordinance, "Article 4, Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from PDD Planned Development District and R Rural to PDD Planned Development District on approximately 21 acres located at 8765 HSC Parkway, generally located between Biomedical Way and State Highway 47. Sponsors: Jesse Dimeolo Attachments: 1. Ordinance 2. Vicinity Map, Aerial, and Small Area Map 3. Background Information 4. Rezoning Map 5. Rezoning Exhibit 6. Applicant's Supporting Information 7. Concept Plan 8.3. Presentation, discussion, and possible action regarding the appointment of Councilmembers to boards and commissions. Sponsors: Tanya Smith Attachments: 1. 2022-2023 Council Appointed Reps v2 8.4. Presentation, discussion, and possible action regarding appointments to the Joint Relief Funding Review Committee. Sponsors: Tanya Smith Attachments: None 8.5. Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions: • Construction Board of Adjustments • Planning and Zoning Commission • Zoning Board of Adjustments • Bond Citizens Advisory Committee Sponsors: Tanya Smith Attachments: None 8.6. Presentation, discussion, and possible action regarding an ordinance consenting to and extending the Mayor's renewal of a disaster declaration due to a public health emergency. Sponsors: Bryan Woods Attachments: 1. January 13 Disaster Declaration Renewal Ordinance 9. Council Calendar - Council May Discuss Upcoming Events. 10. Items of Community Interest. The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of Page 5 January 13, 2022 Page 5 of 345 City Council College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. 11. Council Reports on Committees, Boards, and Commissions. A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items. A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member's or City Staff's response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. 13. Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. I certify that the above Notice of Meeting was posted on the website and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on January 7, 2022 at 5:00 p.m. City Sec4'etary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary's Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code 4 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 4 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, Page 6 January 13, 2022 Page 6 of 345 City Council Codigo de Gobierno (Ley de Iicencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire Iibre." Page 7 January 13, 2022 Page 7 of 345 January 13, 2022 Item No. 6.1. Update from the College Station Police Department Sponsor: Billy Couch Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on an update from the College Station Police Department. Relationship to Strategic Goals: - Good Governance Recommendation(s): Receive the report and provide feedback. Summary: Update on calendar year 2021 on operations and activities for the College Station Police Department. Budget & Financial Summary: None. Attachments: None Page 8 of 345 January 13, 2022 Item No. 6.2. Update from the College Station Fire Department Sponsor: Richard Mann, Chief of Fire and Emergency Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on an update from the College Station Fire Department. Relationship to Strategic Goals: - Good Governance Recommendation(s): Receive the report and provide feedback. Summary: Update on calendar year 2021 operations and activities for the College Station Fire Department. Budget & Financial Summary: None. Attachments: None Page 9 of 345 January 13, 2022 Item No. 7.1. Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: Agenda Caption:Presentation, discussion, and possible action of minutes for: • December 9, 2021 Council Meeting • December 22, 2021 Special Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM120921 DRAFT Minutes 2. SM122221 DRAFT Minutes Page 10 of 345 MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION DECEMBER 9, 2021 STATE OF TEXAS COUNTY OF BRAZOS Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Carla Robinson, City Attorney Ian Whittenton, Deputy City Secretary Yvette Dela Torre, Deputy Local Registrar 1. Ca11 to Order and Announce a Ouorum is Present. With a quorum present, the Meeting of the College Station City Council was called to order by Mayor Mooney via In -Person and Teleconference at 4:00 p.m. on Thursday, December 9, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Employee Recognition, Recognition of Employee of the Year Nominees, and Reception. The following employees were recognized for service: 20 Years of Service Clint Anderson, Jimmy Brown, Andrew Byorth, Rebekah Charanza, Ronald Copeland, Jaime Enriquez, Miguel Gaytan, Kelly Kelbly, John Kimbrough, Stephen Maldonado, Patrick McCarthy, Kevin Simmons and Gary Southland, Jr. 25 Years of Service Thomas Brown, Jr., Rocio Cortez, Bryan Fails, Joseph Gibson, Ricardo Guzman, Martha Hennessey, Michael Pavelka and Carol Rodriquez 30 Years of Service Deborah Hamff, Jeffrey Kersten, Troy Pemberton, Dan Schill, Darryl Smith, Marvin Wagener, Patsy Wiley and Robert Wilson CCM120921 Minutes Page 1 Page 11 of 345 35 Years of Service James Schroeder Nominees for Employee of the Year were: Pau Schoenfeld, Christopher Ford, Stuart Marrs, Brooke Littlefield, Cody Mays, Eric Chapman, Jason Schubert, Joan Wolfe, Teryn McGinness, Rachel Mayor, Rita Stivors, Alysia Ybarra, Daniel Graalum, Karen Fryman and Sean Beatty. The Employee of the Year is Christopher Ford with the Public Works Department. Of note was his cheerful demeanor, willingness to endure a challenging workload with poise, and being a tireless advocate for his crews. Bryan Woods, City Manager, announced two new annual awards. The first one is The City Impact Award, which is given by the City Manager's Office to the employee who had a meaningful and long-lasting impact on College Station and the community during the past year. The recipient of the inaugural City Impact Award was Alyssa Halle -Schramm, Long -Range Planning Administrator with Planning and Development Services, who has been recognized by her peers and by city leadership for her contributions to the city. Mr. Woods announced that the second new award is The City Leadership Award, which is given by the City Manager's Office to a department director or assistant director who demonstrated outstanding leadership over the past year. Recipients are nominated by their peers on the Executive Leadership Team. The recipient of the inaugural City Leadership Award is Fire Chief Richard Mann. Chief Mann came to College Station as fire chief in May 2020. His leadership skills and guidance produced a direct and immediate impact in his department and throughout the community in a relatively short time. 3. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072- Real Estate, §551.074-Personnel, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 4:55 p.m. on November 22, 2021, to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: • Kathryn A. Stever -Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and • McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas; and • City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas; and B. Deliberation on the purchase, exchange, lease, or value of real property; to wit: CCM120921 Minutes Page 2 Page 12 of 345 • Property generally located in the southwest quadrant of Texas State Highway 6 and Harvey Road. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • Planning and Zoning Commission • City Secretary • Council Self -Evaluation E. Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the City; to wit: • Deliberation of an offer of economic incentives to a business prospect in the Bio-Corridor area. 4. Reconvene from Executive Session and take action, if any. Executive Session recessed at 6:17 p.m. No vote or action was taken in Executive Session. 5. Pledge of Allegiance, Invocation, consider absence request. 6. Hear Visitors Comments No one signed up to speak. 7. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. No items were pulled for discussion. 7.1. Presentation, possible action, and discussion of minutes for: • November 22, 2021, Council Meeting 7.2. Presentation, discussion, and possible action regarding adoption of the 2022 Annual Council Calendar. 7.3. Presentation, discussion, and possible action on an amendment to a Frontier Communications agreement for internet services not to exceed $187,164. 7.4. Presentation, discussion, and possible action regarding Resolution No. 12-09-21-7.4 appointing Tradd Mills as the Emergency Management Coordinator and giving the Mayor authority to execute documents related to appointing the Emergency Management Coordinator. 7.5. Presentation, discussion, and possible action regarding Resolution No. 12-09-21-7.5 and interlocal agreement renewing the annual reconfirmation and use of services and equipment to CCM120921 Minutes Page 3 Page 13 of 345 be provided by the City in the event of a radiological incident at the Texas A&M University Nuclear Science Center. 7.6. Presentation, discussion, and possible action regarding adoption of Resolution No. 12-09- 21-7.6 consenting to the issuance of bonds by the Brazos County Municipal Utility District No. 1 in an amount not to exceed $1,590,000 for road improvements (the "Bonds"). 7.7. Presentation, discussion, and possible action regarding the award of a contract to TransGard LLC for the purchase, delivery, and installation of animal deterrent fencing at two (2) electric substations for an amount not to exceed $120,072. 7.8. Presentation, discussion, and possible action regarding approval of the Citv's Annual Price Agreement for Meter Sockets for CSU Electric, with estimated annual expenditures through KBS Electrical Distributors, for an amount not to exceed $103,608.70. 7.9. Presentation, discussion, and possible action regarding approval of the Citv's Annual Price Agreement for Distribution Conductor for CSU Electric, with estimated annual expenditures through Techline Inc., for an amount not to exceed $1,901,984.40. 7.10. Presentation, discussion, and possible action regarding approval of Change Order 1 for the Citv's annual price agreement with KBS Electrical Distributors, for electric warehouse inventory of single-phase transformers in the amount of $165,550 for an increase not to exceed total amount of $820,090. 7.11. Presentation, discussion, and possible action on approval of a Chapter 380 Economic Development Agreement between the City of College Station and FUJIFILM Diosvnth Biotechnologies Texas, LLC regarding approximately 12.45 acres on Biomedical Way on Lot 2, Block 1 of Traditions Phase 23 filed in volume 11293 page 184 of the Official Deed Records of Brazos County, Texas. 7.12. Presentation, discussion, and possible action regarding a purchase agreement for Security Camera Systems with Convergint for $111,438.15 for Water Services facilities. 7.13. Presentation, discussion, and possible action regarding Ordinance No. 2021-4317 amendin2 Chapter 40, "Utilities," Article II "Water and Sewer Service," Division 4 "Industrial Waste," Section 40-163 "City of Bryan Wastewater" of the Code of Ordinances of the City of College Station, Texas, by amendin2 Section 40-163 "City of Bryan Wastewater;" providing a severability clause; declaring a penalty; and providing an effective date. 7.14. Presentation, discussion, and possible action regarding the approval of three Master Agreements for Real Estate Appraisal Services: Allen, Williford & Seale, Inc.; CBRE, Inc.; S.T. Lovett & Associates in the amount not to exceed $60,000 for each agreement. 7.15. Presentation, discussion, and possible action regarding an amendment to the Development Agreement of the Brazos County Municipal Utility District No. 1 between the City of College Station, Texas and McAlister Opportunity Fund 2012, LP amending Exhibit "B" (the General Plan). CCM120921 Minutes Page 4 Page 14 of 345 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items. The motion carried unanimously. 8. REGULAR ITEMS 8.1. Presentation, discussion, and possible action regarding options for Egremont Court. Emily Fisher, Public Works Assistant Director, stated that Egremont Court is a cul-de-sac street located in the Castlegate II subdivision. Residents along the cul-de-sac have brought forward concerns regarding the drainage of the street as well as curb condition in the "bulb" of the cul-de-sac. Mrs. Fisher presented options to address the concerns including reconstruction of various portions of the street. Estimates for the options presented were curb and pavement repair for $70,000 or reconstruction of street for $350,000. Neither option is currently in the CIP budget. Darin Paine, College Station resident of Egremont Court, came before council to request that the drainage be repaired before someone is hurt. Susan Madsen, College Station resident of Egremont Court, came before council to state that this has been an ongoing issue for years which effects the quality of life of the residents and should be repaired. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed to direct staff to perform an engineering study to determine the route for a drainage line. Councilmember Brick and Councilmember Maloney withdrew their motion. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to engage in the necessary work to determine a permanent repair for this drainage. The motion carried unanimously. 8.2. Presentation, discussion, and possible action regarding approval of a construction contract for the Cemetery Sales & Maintenance Shop, with JaCodv Construction, LP, in the amount of $2,165,979.31. Steve Wright, Parks & Recreation Director, stated that on October 20, 2021, both JaCody Construction LP, and Dudley Construction sent in proposals for RFP NO. 22-001. After staff evaluation, JaCody Construction LP was selected for this project. Mr. Wright explained that the Cemetery Sales & Maintenance Shop will be located at 3800 Raymond Stotzer Parkway, also known as the Aggie Field of Honor and Memorial Cemetery. As the title implies, this structure will provide two services in one central location. Currently, sales of cemetery plots and niches are handled in the small break room at the Memorial Cemetery. This area is just large enough for three or four people at one time and was never intended to be a sales office. The new structure will be equipped with a controlled air meeting area, parking lot and restroom designated for this service. The second half of this building will house the cemetery crew and their equipment. The current maintenance shop is located behind Adamson Lagoon but due to age, size, location, and the complexity of the crew's job, this building is no longer beneficial. CCM120921 Minutes Page 5 Page 15 of 345 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve a construction contract for the Cemetery Sales & Maintenance Shop, with JaCody Construction, LP, in the amount of $2,165,979.31. The motion carried unanimously. 8.3. Presentation, discussion, and possible action regarding an appointment to the Brazos Central Appraisal District. Ian Whittenton, Deputy City Secretary, stated that as of December 31, 2021, the terms of the Brazos Central Appraisal District Board expire. In accordance with the resolution, the board of directors is composed of seven members and members are appointed by each jurisdiction. Mr. Whittenton explained that Ron Kaiser currently serves on the Brazos Central Appraisal District Board. Mr. Kaiser's term expires on December 31, 2021, requiring the Council to make an appointment. Mr. Kaiser has served on the board since 2011 (11 years). There are no term limits, so the Council may choose to re -appoint Mr. Kaiser to the Board and he has stated his willingness to be reappointed for another two (2) years. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted seven (6) for and none (1) opposed, with Councilmember Cunha voting against, to appoint Ron Kaiser to the Brazos Central Appraisal District Board. The motion carried. 8.4. Presentation, discussion, and possible action regarding appointments to the Joint Relief Funding Review Committee. Ian Whittenton, Deputy City Secretary, stated that the Joint Relief Funding Review Committee (JRFRC) applications before Council were collected as part of the annual 2022 citizen appointments to Committees, Boards, and Commissions process. The JRFRC consists of three (3) representatives from Bryan and (3) representatives from College Station. Each appointee may serve no more than two consecutive terms. This appointment consists of two (2) appointments to the Join Relief Funding Review Committee (JRFRC). The first is appointment is a vacancy created by the resignation of Lisa Halperin who was appointed in January of 2021 and the appointee that is selected will serve a 2-year unexpired term until January 2024. The second appointment is for a term expiring in January of 2022. Alison Burke is currently appointed and has reapplied for a second term. This appointee will serve a 3-year term until January 2025. A majority of Council reappointed Allison Burke to a three (3) year term and Melissa Cunningham to the remainder of the unexpired term expiring January of 2024. 8.5. Presentation, discussion, and possible action regarding Ordinance No. 2021-4318 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergencv. Bryan Woods, City Manager, stated that on December 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021 and November 8, 2021. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. CCM120921 Minutes Page 6 Page 16 of 345 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021- 4318, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. 9. Council Calendar Council reviewed the calendar. 10. Items of Community Interest: The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. Mayor Mooney reported on the working group for establishing a local medical examiner's office. Councilmember Cunha recognized The College Station Police Department Blue Santa Program. Councilmember Nichols recognized the opening of a new City Hall and today being the final City Council meeting in the old building. 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Dennis Maloney reported on the Brazos Valley Economic Development Corporation. 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member's or City Staff s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. Councilmember Mayor Mooney requested an item to consider rejoining Tex21. Councilmember Dennis Maloney requested an item considering a memorial in Brison Park. 13. Adjournment. CCM120921 Minutes Page 7 Page 17 of 345 There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 7:35 p.m. on Thursday, December 9, 2021. Karl Mooney, Mayor ATTEST: Tanya Smith, City Secretary CCM120921 Minutes Page 8 Page 18 of 345 MINUTES OF THE CITY COUNCIL SPECIAL MEETING CITY OF COLLEGE STATION DECEMBER 22, 2021 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton - absent Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Deputy City Manager Jennifer Prochazka, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Ca11 to Order and Announce a Quorum is Present With a quorum present, the Special Meeting of the College Station City Council was called to order by Mayor Mooney at 4:00 p.m. on Wednesday, December 22, 2021 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Special Items. 2.1 Presentation, discussion, and possible act on Ordinance No. 2021-4319 of the City Council of the City of College Station, Texas, canvassing returns and declaring results of the runoff election, held on December 14, 2021 for the purpose of electing a City Councilmember Place 6. (Presentacion, discusion, posible accion v acerca de una ordenanza del conseio de la ciudad de College Station, Texas, nara escrutinar los resultados de los votos v declarando los resultados de la eleccion de seeunda vuelta celebrada el 14 de diciembre de 2021, para el proposito de eleeir a el Miembro del Conceio Municipal Para el Puesto 6.) Tanya Smith, City Secretary, presented the results of the election to the Mayor and Council: City Councilmember, Place 6 a three (31 vear term: Dennis Maloney 1,332 David Levine 943 With that Dennis Maloney received a majority of the votes is elected to serve as City Councilmember, Place 6. SM122221 Minutes Page 1 Page 19 of 345 MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2021-4319, canvassing returns and declaring results of the runoff election, held on December 14, 2021 for the purpose of electing a City Councilmember Place 6. The motion carried unanimously. 3.2 Issuance of Certificates of Election to elected City Council Member Places 6; and administer Oaths of Office. (Entre2a de los Certificados de las Elecciones a los Miembros del Consejo elegidos para los puestos numero 6; v administrar los Juramentos al Carlo.) Judge Spillane administered the oath of office to Dennis Maloney, Councilmember, Place 6. 3. Reception. 4. Adjournment There being no further business, Mayor Mooney adjourned the Special Meeting of the College Station City Council at 4:04 p.m. on Wednesday, December 22, 2021. Karl Mooney, Mayor ATTEST: Tanya Smith, City Secretary SM122221 Minutes Page 2 Page 20 of 345 January 13, 2022 Item No. 7.2. Consent Resolution to City of Bryan EDA Sponsor: Natalie Ruiz, Director of Economic Development Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on approval of a resolution consenting to the City Council of the City of Bryan providing economic development incentives to FUJIFILM Diosynth Biotechnologies Texas, LLC. Relationship to Strategic Goals: • Diverse & Growing Economy Recommendation(s): Staff recommend that Council approve the resolution. Summary: The Cities of College Station and Bryan entered into an Interlocal Agreement and Joint Development Agreement in 2011 for the Biocorridor area generally located in the northeast quadrant of the State Highway 47 and Raymond Stotzer Parkway intersection. Both cities agreed to share in a portion of ad valorem tax revenue assessed and collected against real property, improvements and tangible personal property development in the Biocorridor. As provided for in the agreement, both cities must consent to the other offering economic incentives within the Biocorridor. The City of College Station approved an economic development agreement with FUJIFILM Diosynth Biotechnologies Texas, LLC on December 9, 2021. The City of Bryan approved a resolution consenting to College Station's agreement on December 14, 2021, and then approved the attached agreement with FUJIFILM Diosynth Biotechnologies Texas, LLC on January 11, 2022. Approving this resolution is the last step to finalizing the economic incentives agreed to by both cities. Budget & Financial Summary: This agreement provides for a 138,000 square foot expansion of the existing commercial manufacturing facility located at 3939 Biomedical Way for additional biomanufacturing capabilities for vaccines and gene therapies, with an increase of 150 FTEs at an average annual salary of $80,000. At the completion of construction, anticipated to be no later than January 1, 2025, the company shall include a total personal property and real property investment of approximately $300 million. In exchange, the company will receive an annual cash incentive for a term of ten years equal to the ad valorem taxes assessed and paid. The cash incentive value is estimated as follows: Year 1: 90% of ad valorem taxes Year 2: 80% of ad valorem taxes Year 3: 70% of ad valorem taxes Year 4: 70% of ad valorem taxes Year 5: 50% of ad valorem taxes Year 6: 50% of ad valorem taxes Year 7: 30% of ad valorem taxes Year 8: 30% of ad valorem taxes Year 9: 20% of ad valorem taxes Year 10: 10% of ad valorem taxes Page 21 of 345 Attachments: 1. Constent Resolution_Bryan EDA_1-13-22 Page 22 of 345 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, CONSENTING TO THE CITY COUNCIL OF THE CITY OF BRYAN PROVIDING ECONOMIC DEVELOPMENT INCENTIVES TO A BUSINESS PROSPECT LOCATED IN THE JOINT RESEARCH VALLEY BIOCORRIDOR DEVELOPMENT PROJECT. WHEREAS, the City Council of the City of College Station, Texas, and the City of Bryan, Texas, entered into an agreement (ILA) which sets forth the understandings and obligations of the Cities with respect to certain infrastructure projects and a joint economic development program known as the Joint Research Valley BioCorridor Development Project; and WHEREAS, the promotion of the expansion of existing businesses within the Cities and the recruitment of new business enterprises to the Cities will promote economic development, stimulate commercial activity, generate additional sales tax and will enhance the property tax base and economic vitality of the Cities; and WHEREAS, the ILA requires joint approval of all economic development incentives to business prospects or development within the Joint Research Valley BioCorridor Development Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby consents to the City Council of the City of Bryan providing economic development incentives to Fujifilm Diosynth Biotechnologies Texas, LLC as shown in Exhibit A (attached). PART 2: That the City Council's consent in this Resolution shall serve as written approval for the purposes of the ILA. PART 3: That this Resolution shall take effect immediately from and after its passage. ADOPTED this day of , 2022. ATTEST: APPROVED: City Secretary MAYOR APPROVED: City Attorney Page 23 of 345 EXHIBIT A Page 24 of 345 STATE OF TEXAS § COUNTY OF BRAZOS § CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC EXPANSION This Agreement is entered into on this day of , 2022, by and between the City of Bryan, Texas ("CITY") a home rule municipal corporation and FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC, a Texas limited liability company ("COMPANY"). WHEREAS, COMPANY's predecessor, Kalon Biotherapeutics, L.L.C. entered into an Economic Development Agreement with the CITY on or about September 15, 2014; and WHEREAS, the CITY and the City of College Station, Texas, entered into a joint economic development program known as the Joint Research Valley BioCorridor Development Project which encompasses adjacent land in both cities ("BioCorridor") for the benefit of both cities; and WHEREAS, COMPANY now desires to expand its presence by constructing an expanded facility on property located within the BioCorridor and more particularly described in Exhibit "A" which is attached hereto for all purposes (the "Property"); and, WHEREAS, the new facility to be constructed on the Property will consist of an approximately 138,000 sq. ft. expansion of the existing commercial manufacturing facility located at 3939 Biomedical Way for additional biomanufacturing capabilities for vaccines and gene therapies with an increase of 150 FTEs as further described herein ("Improvements"); and, WHEREAS, the Improvements will result in new economic development in the BioCorridor; and, WHEREAS, the Improvements will have a direct and positive economic benefit to the BioCorridor; and, WHEREAS, Chapter 380 of the Texas Local Government Code provides that Texas municipalities may create programs to promote local economic development; and, WHEREAS, CITY wishes to provide incentives to COMPANY to assist in the economic development of the community; and, WHEREAS, CITY hereby finds that this Agreement embodies an eligible "program" and clearly promotes local economic development and, as such, meets the requisites under Chapter 380 of the Texas Local Government Code and further, is in the best interests of the CITY; WHEREAS, the CITY Council finds that the costs associated with this Agreement are outweighed by the community benefits to be gained, and that it is in the best interests of the citizens of this community to spur economic development in this area by supporting this project. NOW, THEREFORE, for and in consideration of TEN DOLLARS AND NO/100 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and COMPANY (each a "Party," collectively, the "Parties") AGREE AS FOLLOWS: Page 25 of 345 Article I General Provisions All of the above recitals are hereby found to be true and are hereby approved and copied into the body of this Agreement as if copied in their entirety. Article II Definitions In addition to the definitions set forth in the recitals above, wherever used in this Agreement, the following terms shall have the meanings ascribed to them: "Affiliate" means any person or entity which directly or indirectly controls, is controlled by or is under common control with COMPANY, during the term of such control. A person or entity will be deemed to be "controlled" by any other person or entity if such other person or entity (a) possesses, directly or indirectly, power to direct or cause the direction of the management of such person or entity whether by contract or otherwise; (b) has direct or indirect ownership of at least fifty percent (50%) of the voting power of all outstanding shares entitled to vote at a general election of directors of the person or entity; or (c) has direct or indirect ownership of at least fifty percent (50%) of the equity interests in the entity. "COMPANY" shall mean FUJUFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC, a Texas limited liability company qualified to do business in the state of Texas. "Completion of Construction" shall mean: (i) substantial completion of the Improvements; and (ii) a final certificate of occupancy has been issued for all the Improvements. "Effective Date" shall mean the date upon which this Agreement is duly approved by the parties hereto. "First year of Incentive Payment(s)" shall mean the first calendar year immediately following the date of Completion of Construction. "FTE" shall mean any person who is an employee of COMPANY or an Affiliate (excluding temporary or seasonal employees) who is on the payroll in a budgeted position and has an officially scheduled work week of thirty-five (35) hours or more, works at the Property for COMPANY subject to COMPANY's then -existing work from home policies provided such work from home is being conducted within Brazos County, Texas, and who according to such person's employer's policy is entitled to full benefits as a full-time employee. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. "Gross Payroll" shall mean the sum of the payroll numbers that COMPANY or an Affiliate reports to the Texas Workforce Commission quarterly for FTEs for the four preceding consecutive calendar quarters ending on or prior to a date of measurement under this Agreement. "Improvements" shall mean the approximately 138,000 square foot expansion to the existing commercial manufacturing facility to be constructed on the Property and other ancillary facilities such Page 26 of 345 as reasonably required parking and landscaping along with new personal property for a combined total personal property and real property investment of approximately three hundred million dollars ($300,000,000) at time of completion by January 1, 2025, subject to extension for Force Majeure. "Incentive Payment" shall mean the payment(s) granted by CITY to COMPANY upon meeting certain performance criteria set forth in this Agreement. "Investment" shall mean a combined total personal property and real property investment. Amounts which may be considered as an investment include funds used to acquire, construct, upgrade, and maintain physical assets such as property, plants, buildings, technology, furniture, fixtures or equipment. Amounts for engineer's/architect's designs of facilities, surveying, master plans, plats, fees for registrations/applications/permits, project planning and management expenses, accounting fees, legal fees and financing fees (including bank charges/fees, interest and loan servicing costs) shall not be considered as an investment. "Property" means the real property comprised of approximately 12.45 acres more or less and as depicted in Exhibit "A", not including any improvements constructed on such real property. "Premises" shall mean collectively, the Property and Improvements following construction thereof, but excluding the Tangible Personal Property. "Shared Revenue" is an amount paid to CITY by City of College Station according to the Interlocal Cooperation and Joint Development Agreement between the Cities dated December 15, 2011 and amended December 31, 2012. "Tangible Personal Property" shall mean tangible personal property, equipment and fixtures, excluding inventory and supplies, owned or leased by COMPANY or any Affiliate that is added to the Improvements subsequent to the execution of this Agreement. "'Taxable Value" means the appraised value as certified by the Brazos Central Appraisal District as of January 1st of a given year. Article III COMPANY Obligations 3.1 General Obligation. COMPANY covenants and agrees that it will construct the Improvements and operate and maintain its business on the Premises as set forth in this Agreement, and for the time period and manner as set forth herein. CITY will determine whether the minimum expenditure on improvements to the Property meeting the definition of Improvements herein is met by asking COMPANY to provide adequate proof of same along with a sworn statement by an officer of COMPANY ensuring its accuracy. Samples of adequate proof include affidavits of all bills paid, receipts, letters of completion from regulatory authorities, occupancy permits and other forms of proof. Amounts which may be considered as an investment on improvements include funds used to acquire, construct, upgrade, and maintain physical assets such as property, plants, buildings, technology, furniture, fixtures or equipment. Amounts for engineer's/architect's designs of facilities, surveying, master plans, plats, fees for registrations/applications, permits, project planning and management expenses, accounting fees, legal fees, and financing fees (including bank charges/fees, interest, and loan servicing costs) shall not be considered as an investment. Page 27 of 345 3.2 Timely Construction of Improvements and Occupancy. a. Commencement of Construction. Construction of the Improvements on the Property must commence (which shall mean any earth -moving activity) no later than January 1, 2023, subject to extension for Force Majeure ("Start Date"), and COMPANY shall notify the CITY of such Start Date. b. Completion of Construction and Occupancy. There shall be Completion of Construction of the Improvements, including issuance of all necessary occupancy permits from the City of College Station, and COMPANY shall be fully operational by no later than January 1, 2025, subject to extension for Force Majeure. 3.3 Ongoing Occupancy. The COMPANY or an Affiliate of COMPANY must, subject to Force Majeure, continuously occupy and use the Improvements to leverage the existing commercial infrastructure to expand the existing biomanufacturing capabilities for vaccines, gene therapies, and/or biopharmaceuticals commencing upon Completion of Construction and for each year for which there is an Incentive Payment. 3.4 Jobs. COMPANY currently employs approximately 600 FTEs. By the end of the third year following the date of Completion of Construction of the Improvements, COMPANY agrees that it will have created a minimum of 150 new FTEs with an average annual salary of eighty thousand dollars ($80,000) per job, for a minimum total of 750 FTEs which COMPANY agrees to have and maintain on the Premises for a total of ten years from the date of Completion of Construction of the Improvements throughout the term of this Agreement. 3.5 COMPANY failure to meet its obligations. a. Failure to meet Construction deadlines and Initial Occupancy. If COMPANY does not timely meet all of the deadlines for Commencement of Construction, Completion of Construction, as well as complying with all reporting and Inspection requirements set forth below, COMPANY shall not be entitled to the First Year of Incentive Payment, or if the First Year of Incentive Payment has been made by CITY to COMPANY, COMPANY shall reimburse the CITY said amount as well as for any and all reasonable attorney's fees and costs incurred by the CITY as a result of any action required to obtain the reimbursement of such First Year of Incentive Payment(s). Such reimbursement shall be due and payable 120 days after the COMPANY receives written notice from CITY of its failure to meet its obligations herein. b. Failure to meet one or more ongoing obligations. Except as may be expressly provided for otherwise in this Agreement, COMPANY herein waives payment of any Incentive Payments for any year in which it fails to continuously have, operate and maintain all of the following: the Improvements in accordance with this Agreement, the requisite number of FTEs, the requisite average annual salary of such FTEs, and operating and staying operational substantially in the manner represented herein. Further, COMPANY shall reimburse CITY any Incentive Payments made in contravention of the terms of this Agreement. Finally, COMPANY waives payment of any Incentive Payments for any year in which it fails to comply with reporting and inspection requirements as set forth below. The foregoing waiver by COMPANY shall be the sole and exclusive remedy hereunder for any defaults by COMPANY stated in this subsection (b). 3.6 Reporting and Inspections. (1) While this Agreement is in effect, annually within 60 days following the anniversary date of the Effective Date of this Agreement, the COMPANY will provide the following to CITY: a. Certification that it has complied with the terms of this Agreement, as applicable, including the provision of sufficient written information, records, and documents, to support its certification of compliance (including but not limited to a sworn cost statement signed by an officer of the COMPANY Page 28 of 345 that the COMPANY has complied with the Investment requirement or attesting to the actual amount of costs sought to be credited as Investment); and b. A report showing the timely number of new jobs created and total jobs maintained as required by this Agreement for every year this requirement and Agreement is in effect. Such report shall be certified by a Certified Public Accountant at COMPANY's expense, and signed by a legally authorized executive of the COMPANY; and c. Texas Workforce Commission quarterly reports further demonstrating that COMPANY met the employment and job creation targets for the preceding year when required; and d. Upon the CITY's request, any and all additional information reasonably necessary for the CITY to determine if the COMPANY has complied with its obligations pursuant to this Agreement; and e. Upon the CITY's request and no less than 3 business days' prior written notice, reasonable access to the Property and its Improvements during regular business hours to inspect same to verify that COMPANY is complying with the terms of this Agreement. 3.7 Compliance with applicable law. The Property and the Improvements constructed thereon at all times shall be constructed, operated and used in the manner (i) that is consistent with CITY's Code of Ordinances, the City of College Station's Code of Ordinances, as amended, including its Uniform Development Code; and (ii) that is in accordance with all applicable state and local laws, codes, and regulations. 3.8 Ownership. COMPANY agrees to have it or one of its Affiliates continuously, subject to Force Majuere, occupy and conduct operations on the Premises for a period of at least ten (10) years from the date of Completion of Construction in substantially the manner set forth in this Agreement. Notwithstanding anything in this Agreement to the contrary, COMPANY may sell, assign or otherwise transfer the Premises to a third party to develop and/or to act as landlord of COMPANY. In such event CITY consent shall not be required provided COMPANY continues to occupy and operate the Premises within the time and in the manner as set forth in this Agreement. 3.9 Disclosure Requirements. When applicable, COMPANY agrees to comply with all applicable disclosure requirements, including those under Sections 2252.908 and 403.0246 of the Texas Government Code when entering into a contract that requires approval of the governing body of the CITY unless falling within certain exceptions; and Chapter 176 and Section 380.004 of the Texas Local Government Code for vendor disclosure requirements for certain business relationships with local government officers or their family members and for information regarding economic development agreements. Article IV CITY's Obligations 4.1 Incentive Payment. Upon COMPANY meeting its obligations as set forth under this Agreement CITY shall make the following Incentive Payments: a. Subject to the terms and conditions of this Agreement, provided that the Investment is at least $300 million at time of the date of Completion of Construction, CITY hereby grants an annual Incentive Payment to COMPANY in an amount equal to the following amounts expressed as a percentage of the Shared Revenue actually received by CITY from the City of College Station: Page 29 of 345 Year Annual Incentive Payment First Year of Incentive Payments Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 90% of Shared Revenue of ad valorem taxes 80% of Shared Revenue of ad valorem taxes 70% of Shared Revenue of ad valorem taxes 70% of Shared Revenue of ad valorem taxes 50% of Shared Revenue of ad valorem taxes 50% of Shared Revenue of ad valorem taxes 30% of Shared Revenue of ad valorem taxes 30% of Shared Revenue of ad valorem taxes 20% of Shared Revenue of ad valorem taxes 10% of Shared Revenue of ad valorem taxes b. The total amount of Incentive Payments will in no event exceed a total of two million, sixty- eight thousand, one hundred forty-four dollars ($2,068,144), at which time CITY' s obligation to grant Incentive Payments to COMPANY ends. c. CITY will remit the annual Incentive Payment to COMPANY no later than sixty (60) days from when COMPANY properly submits to CITY all of its reporting requirements beginning with the First Year of Incentive Payment provided COMPANY meets all the requirements annually entitling it to the corresponding Incentive Payment. d. During the period of the Incentive Payments herein authorized, COMPANY shall be subject to all taxation, including but not limited to, sales tax and ad valorem taxation; provided this Agreement does not prohibit COMPANY from claiming any exemptions from tax provided by applicable law. 4.2 Right to offset. CITY may, at its option, offset any amounts due and payable under this Agreement, including Incentive Payment payments, against any debt (including taxes) lawfully due to CITY and/or City of College Station from COMPANY, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise, and regardless of whether or not the debt due CITY has been reduced to judgment by a court; provided, however (i) CITY shall provide COMPANY notice within thirty (30) days of determining that any debt is believed lawfully due to CITY and/or City of College Station from COMPANY; (ii) COMPANY shall have an opportunity to resolve or pay such debt to CITY and/or City of College Station within thirty (30) days after receipt of notice before any offset to amounts payable under this Agreement may occur; and (iii) COMPANY retains all rights to timely and properly contest whether or in what amount any debt is owed to CITY and/or City of College Station, and CITY may not offset any asserted amount of debt owed by COMPANY against amounts due and owing under this Agreement during any period during which COMPANY is timely and properly contesting whether such amount of debt is due and owing. Article V Conditions Precedent 5.1 This Agreement is conditioned upon the City of College Station approving this Agreement as required under the Joint Agreement. Page 30 of 345 Article VI Term 6.1 Term. The term of this Agreement shall begin on the Effective Date and shall continue until the end of the 12th full calendar year following Completion of Construction (currently estimated to be December 31, 2036) unless terminated sooner pursuant to the terms of this Agreement. 6.2 This paragraph is required by Chapter 2264, Tex. Gov. Code and governs over any conflicting provisions of this Agreement. COMPANY agrees not to knowingly employ any undocumented workers, and if convicted of a violation under 8 U.S.C. Section 1324a (f) COMPANY shall repay the Incentive Payments to it from CITY as well as any other funds received by COMPANY from CITY as of the date of such violation within thirty (30) days after the date COMPANY is notified by CITY of such violation, plus interest at the rate equal to the 90 day Treasury Bill plus %2% (.005) per annum, from the date of violation until paid. COMPANY is not liable for a violation of this Section by a COMPANY Affiliate, or franchisees of COMPANY or by a person or entity with whom COMPANY contracts. Article VII Default 7.1 If COMPANY defaults in any term or condition of this Agreement or that certain Economic Development Agreement Between the City of College Station and FUJIFILM Diosynth Biotechnologies Texas, LLC, dated December 9, 2021, then, subject to Section 7.2 below, CITY shall not be obligated to provide Incentive Payments for that year in which the default occurred. However if COMPANY fails to maintain the required number of FTEs or required average annual salary at the end of the third year following the date of Completion of Construction of the Improvements or any subsequent year thereafter, CITY shall, in its reasonable discretion, make an Incentive Payment to COMPANY of 25%, 50%, or 75% of the total proposed Incentive Payment based on the percentage of actual FTEs to what's required rounding to the nearest matched or exceeded percentage recited above. 7.2 CITY shall give to COMPANY notice of any default. To the extent a default may be cured, COMPANY shall have the right, but not the obligation, to cure the default within thirty (30) days of receiving written notice from CITY. If the default cannot reasonably be cured within a thirty (30) day period, and COMPANY has diligently pursued such remedies as shall be reasonably necessary to cure such default, then CITY shall extend for a reasonable additional length of time the period in which the default must be cured. If COMPANY fails to cure the default within the time provided as specified above or, as such time period may be extended, subject to Force Majeure, then CITY at its sole option shall have the right to terminate this Agreement with respect to COMPANY, by written notice to COMPANY. 7.3 The COMPANY's obligation to reimburse the CITY payments made to COMPANY if the COMPANY breaches this Agreement survives termination of this Agreement. 7.4 It is understood and agreed by the parties that, in the event of a default by the CITY on any of its obligations under this Agreement, the COMPANY's sole and exclusive remedy shall be limited to either i) the termination of this Agreement, or ii) a suit for specific performance. Article VIII Miscellaneous 8.1 Notice. Any notice sent under this Agreement, shall be sent (i) by depositing such notice in the United States Mail, postage paid, certified, and addressed to the Party to be notified with return receipt Page 31 of 345 requested; (ii) by depositing the notice with Federal Express or another nationally recognized courier service for next day delivery; or (iii) sent by electronic transmission confirmed by mailing written confirmation at substantially the same time as such electronic transmission, or (iv) personally delivered to the receiving party at the following addresses: If intended for CITY, to: Attn: City Manager City of Bryan, Texas P.O. Box 1000 Bryan, Texas 77805 If intended for COMPANY, to: Attn: Controller and Chief Operating Officer FUJIFILM Diosynth Biotechnologies Texas, LLC 100 Discovery Drive, Suite 200 College Station, Texas 77845 With a required copy to: FUJIFILM Holdings America Corporation 200 Summit Lake Drives, Valhalla, NY 10595 Attn: Legal Department 8.2 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable, and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.3 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Brazos County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an Original and constitute one and the same instrument. 8.5 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement (provided however that in no event shall that certain agreement titled Economic Development Agreement between Fujifilm Diosynth Biotechnologies Texas, LLC and the City of Bryan between the CITY and COMPANY entered into on or about December 15, 2015, as amended from time to time, be deemed to be superseded or otherwise affected by this Agreement), and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.6 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Page 32 of 345 8.7 Assignment. This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by COMPANY (except to an Affiliate of the COMPANY which shall not require prior consent of CITY) without the prior written consent of the City Manager which consent shall not be unreasonably withheld, conditioned or delayed. 8.8 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 CITY and COMPANY. 8.9 Venue and Jurisdiction. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 8.10 Authority to Contract. Each Party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement. The Parties represent that the persons executing this Agreement have authorization to sign on behalf of their respective entities. 8.11 No Debt. Under no circumstances shall the obligations of CITY hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision; provided, however, CITY agrees during the term of this Agreement to make a good faith effort to appropriate funds each year to pay amounts under this Agreement for the then ensuing fiscal year. 8.12 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 the Agreement, any part hereof, or the right of the Party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 8.13 Construction. The Parties acknowledge that each Party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 8.14 Force Majeure Events. Neither Party shall be considered to be in default in the performance of any material obligation under this Agreement when a failure of performance shall be due to an event of Force Majeure but only to the degree impacted by such Force Majeure event, and any specific references in this Agreement to Force Majeure shall not be implied to otherwise limit application of the foregoing. Neither Party shall be relieved of its obligation to perform due to Force Majeure if such failure is due to causes arising out of its own acts or omissions or due to removable or remediable causes which it fails to remove or remedy within a reasonable time period. Executed and effective on this the day of , 2022. SIGNATURES ON THE FOLLOWING PAGE Page 33 of 345 CITY OF BRYAN: Andrew Nelson, Mayor ATTEST: Mary Lynne Stratta, City Secretary APPROVED AS TO FORM: Thomas Leeper, City Attorney FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC: Printed Name: Title: Page 34 of 345 January 13, 2022 Item No. 7.3. Annual Purchase of Janitorial Supplies Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action approving the annual purchase of janitorial supplies with an estimated annual expenditure of $200,000. Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends award to the lowest responsible bidder meeting the specifications to ProStar Industries Inc. Summary: Staff issued an Invitation to Bid, #22-004, for the annual purchase of janitorial supplies. Seven (7) sealed bids were received. Staff evaluated the bids for compliance with the specifications, and staff is recommending ProStar Industries, Inc. for the annual janitorial supplies purchases. Upon Council approval a blanket order will be issued to ProStar Industries, Inc. The materials will be on a needed basis. This is a one-year contract with the option of two possible renewal terms. Budget & Financial Summary: Funds are budgeted and available in all departmental budgets. Attachments: 1. 22-004 Janitorial Supplies Page 35 of 345 Item No. Qty 1 500 2 200 3 250 4 175 5 100 6 150 7 20 8 600 9 600 10 600 I 30 12 15 13 130 14 15 15 100 16 100 17 15 18 30 19 50 20 20 21 150 22 1000 23 20 24 250 25 350 26 15 27 30 28 20 29 15 30 40 ProSTAR Industries (Bryan, TX) Unit Description Price Toilet tissue $ Toilet tissue - Jumbo $ Paper towels- multi fold $ Roll Towels $ Paper towels, C-fold $ Roll towels, perforated $ Napkin Kwiknap Evolutions $ Wipers - Task Mate Al Dispensing Box ' Wipers - Task Mate DRC Dispensing Box $ Wipers - Task Mate SRM Dispensing Box $ Hand soap-DermaPro $ Hand soap - Pink $ ProFX Foaming Luxury Hand Soap $ Hand Clear-Derman Care 2000 $ Spray & wipe cleaner-19 oz. $ Glass Cleaner, window-19 oz. $ Glass Cleander, Triple S $ Urinal Screens w/Flat Screen $ Urinal Screens w/Splash Guard $ Metered aerosol $ Trash liners, 24" x 24" HD , black $ Trash liners, 38"x63", clear $ Trash liners, 24"x23", Black, 10 Gallon $ Trash liners, 40"x 46", LD Standard Duty White $ Trash liners 30 x 34 7mil LD Black $ Spray Disnfectant Tuberculocial Qt $ Universal Disingectant Gallan $ Bleach PureBright Gallon $ Bathroom Porcelain cleaner $ Toilet bowl brush European Style $ TOTAL Discount on products not listed Prompt Payment Discount Delivery After Receipt of Order 32.45 23.40 20.48 42.50 24.18 23.90 22.85 45.52 47.20 37.17 34.65 34.62 67.54 50.27 36.80 19.39 16.94 46.54 42.00 14.73 32.81 13.20 15.88 12.13 43.20 58.20 16.55 27.26 2.29 Item Total ANNUAL PRICE AGREEMENT FOR JANITORIAL SUPPLIES BID TABULATION #22-04 Opening, Monday, November 8, 2021 at 2:00 p.m. CST Ray Criswell Distributing (B yan, TX) Unit Price $ 16,225.00 $40.00 $ 4,680.00 $26.75 $ 5,120.00 $20.95 $ 7,437.50 $22.60 $ 2,418.00 $21.75 $ 3,585.00 $24.35 $ 457.00 $40.75 $47.10 $ 27,312.00 $54.95 $ 28,320.00 $38.00 $ 1,115.10 $34.44 $ 519.75 $20.80 $ 4,500.60 $50.00 $ 1,013.10 $60.00 $ 5,027.00 $25.80 $ 3,680.00 $23.40 $ 290.85 $22.28 $ 508.20 $16.80 $ 2,327.00 $16.80 $ 840.00 $43.56 $ 2,209.50 $17.65 $ 32,810.00 $39.55 $ 264.00 $25.00 $ 3,970.00 $20.25 $ 4,245.50 $16.50 $ 648.00 $31.80 $ 1,746.00 $34.80 $ 331.00 $16.95 $ 408.90 $24.00 $ 91.60 $22.20 $ 162,100.60 25% 1% 1 day NOTES: »Bidder miscalculated the total for Bid Item and the Grand Total. The highlighted totals above are correct. Item Total $ 20,000.00 $ 5,350.00 $ 5,237.50 $ 3,955.00 $ 2,175.00 $ 3,652.50 $ 815.00 $ 28,260.00 $ 32,970.00 $ 22,800.00 $ 1,033.20 $ 312.00 $ 6,500.00 $ 900.00 $ 2,580.00 $ 2,340.00 $ 334.20 $ 504.00 $ 840.00 $ 871.20 $ 2,647.50 $ 39,550.00 $ 500.00 $ 5,062.50 $ 5,775.00 $ 477.00 $ 1,044.00 $ 339.00 $ 360.00 $ 888.00 $ 198,072.60 20% 0% 2 day Competitive Choice Inc. (Houston, TX) Price $65.03 $40.73 $28.71 $48.10 $42.89 $38.48 $40.71 $73.83 $98.09 $52.89 $66.02 $40.73 $69.08 $75.63 $56.17 $36.99 $21.30 $142.89 $19.16 $50.58 $22.58 $15.47 $21.60 $21.49 $19.29 $84.97 $32.95 $22.92 $53.57 $80.03 Item Total 32,515.00 8,146.00 7,177.50 8,417.50 4,289.00 5,772.00 814.20 I 44,298.00 $61.97 58,854.00 PM' 31,734.00 I 1,980.60 $7.77 610.95 I 8,980.40 I 1,134.45 I 5,617.00 $3.70 3,699.00 $1.74 319.50 $5.88 4,286.70 958.00 I 1,011.60 3,387.00 I 15,470.00 $20.94 MSC Industrial Supply (Fort Worth, TX) Unit Price Item Total Complete Supply, Inc. (Carrollton, TX) Unit Item Price $52.36 $ 26,180.00 $63.48 $35.88 $ 7,176.00 $24.49 $25.21 $ 6,302.50 826.13 $54.51 $ 9,539.25 I $0.00 $40.02 $ 4,002.00 $32.43 $ 4,864.50 370.00 174.00 88.20 $ 628.20 -I 67.40 I $29.73 $30.60 $78.84 $56.53 $66.00 $45.67 $0.00 $20.96 $0.00 $0.00 $26.29 $26.80 $15.73 $19.53 $19.53 $40.17 $0.00 Total $ 31,740.00 $ 4,898.00 $ 6,532.50 $ 2,973.00 $ 4,590.00 $ 1,576.80 $ 33,918.00 $ 39,600.00 $ 27,402.00 $ 314.40 $ 2,629.00 $ 2,680.00 $ 235.95 $ 585.90 $ 976.50 $ 803.40 $43.16 $ 43,160.00 432.00 $22.71 $ 454.20 5,372.50 1111111=r - 6,751.50 1,274.55 988.50 458.40 803.55 3,201.20 $ 268,754.60 10% 0% 3-5 day $22.27 $15.17 $8.37 $16.34 $0.00 $3.03 $ 7,794.50 $ 227.55 $ 251.10 $ 326.80 $ 121.20 $ 149,142.50 20% 0% 7 to 10 days $0.00 $0.00 11 $14.74 $15.16 $37.65 $35.76 $19.25 $48.84 $2.59 $ 3,685.00 $ 5,306.00 $ 564.75 1,072.80 $ 385.00 $ 732.60 $ 103.60 $ 173,305.20 25% 0% 2-5 day Central Poly -Bag Corp (Carrollton, TX) Item Price Total $39.99 $29.99 $19.99 $56.66 $29.99 $31.66 lir AIL $34.00 $58.00 $27.00 $23.80 $26.90 Staples Contracts & Commercial LLC (Fram ngham, MA) Item Price Total $ 19,995.00 $40.74 $ 20,370.00 $ 5,998.00 $20.99 $ 4,198.00 $ 4,997.50 $22.28 $ 5,570.00 $ 9,915.50 $22.50 $ 3,937.50 $ 2,999.00 $24.04 $ 2,404.00 $ 4,749.00 $26.71 $ 4,006.50 $50.02 $ 1,000.40 $ $64.04 $ 38,424.00 $ - $63.10 $ 37,860.00 $ - $35.12 $ 21,072.00 $ - $38.83 $ 1,164.90 $ - $17.12 $ 256.80 $ - $35.50 $ 4,615.00 $ - $71.50 $ 1,072.50 $ $13.55 $ 1,355.00 $ $10.50 $ 1,050.00 $ $21.84 $ 327.60 $ $11.35 $ 340.50 $ $15.96 $ 798.00 $ $12.25 $ 245.00 $ 5,100.00 $22.22 $ 3,333.00 $ 58,000.00 $136.99 $ 136,990.00 $ 540.00 $17.56 $ 351.20 $ 5,950.00 $49.03 $ 12,257.50 $ 9,415.00 $18.45 $ 6,457.50 $29.54 $ 443.10 $34.06 $ 1,021.80 $22.37 $ 447.40 $41.49 $ 622.35 $19.20 $ 768.00 $ 127,659.00 0% 0% 30-45 days $ 312,759.55 Page 36 of 345 January 13, 2022 Item No. 7.4. Zters Inc. dba Zters Site Services LLC Franchise Agreement Ordinance - First Reading Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Zters Inc., dba Zters Site Services for the collection of recyclables from commercial businesses and multi -family locations. Relationship to Strategic Goals: Infrastructure and Core Services Recommendation(s): Staff recommends approval of this franchise agreement ordinance. Summary: The proposed agreement would allow Zters Inc. dba Zters Site Services to collect recyclables from commercial businesses and multi -family locations within the City of College Station. The company will be responsible for developing on -site collection of recyclables so as not to interfere with the collection of municipal solid waste (MSW). Budget & Financial Summary: N/A Attachments: 1. 22300188 Zters Site Services LLC - COCS Recyclables Franchise Agreement_1-27-2022 Page 37 of 345 (frff CITY OF COILFGE STATION CONTRACT & AGREEMENT ROUTING FORM Home of Texas AcMUniversity' CONTRACT#: 22300188 PROJECT#: N/A BID/RFP/RFQ#: N/A Project Name / Contract Description: Recyclable Collection Franchise Agreement Name of Contractor: CONTRACT TOTAL VALUE: Zters Inc., dba Zters Site Services LLC $ n/a Debarment Check n Yes n No ICI N/A Section 3 Plan Incl. Yes No N/A ■ NEW CONTRACT RENEWAL # Grant Funded Yes No If yes, what is the grant number: 1 Davis Bacon Wages Used Buy America Required Transparency Report Yes Yes Yes No No CHANGE ORDER # OTHER No • N/A N/A N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Two City Council readings required for this Franchise Agreement; scheduled for January 13, 2022; and January 27, 2022. (If required)* CRC Approval Date*: N/A Council Approval Date*: 1/13/22 & 1/27/22 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: rq Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL Pam (AV DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT `, LEGAL DEPARTMENT 12/23/2021 DATE 12/23/2021 DATE 12/23/2021 ASST CITY MGR — CFO DATE APPROVED & EXECUTED CITY MANAGER DATE MAYOR (if applicable) DATE CITY SECRETARY (if applicable) DATE Original(s) sent to CSO on Scanned into Laserfiche on Original(s) sent to Fiscal on Page 38 of 345 ORDINANCE NO. RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, ZTERS, INC. DBA ZTERS SITE SERVICES LLC, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC RIGHTS OF WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION ("CITY") FOR THE PURPOSE OF PROVIDING COLLECTION OF DEMOLITION AND CONSTRUCTION DEBRIS, RECYCABLES, AND ORGANIC WASTE FROM COMMERCIAL, INDUSTRIAL, AND MULTI -FAMILY SITES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclables; and WHEREAS, the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection of Solid Waste and Recyclables generated within the City limits; and WHEREAS, the City of College Station desires to exercise the Charter's authority and grant a non-exclusive franchise to Contractor for collection of demolition and construction debris and other waste for disposal using roll off containers, and recyclable materials, and organic waste from multifamily and commercial locations for the purpose of recycling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 1 of 16 Page 39 of 345 Table of Contents Article I. Definitions 3 Article II. Grant of Authority and Acceptance 4 Article III. Payment and Term 4 Article IV. Access to Records & Reporting 6 Article V. Rates to be Charged by Contractor 6 Article VI. Appearance of Personnel and Equipment 6 Article VII. Collection and Transport of Recyclables 7 Article VIII. Placement of Receptacles 7 Article IX. Service Complaints 7 Article X. Disposal and Processing 8 Article XI. Violation and Penalty 8 Article XII. Insurance 8 Article XIII. Indemnification and Release 9 Article XIV. Disputes and Mediation 9 Article XV. General Terms 10 Exhibit A. Schedule of Rates 13 Exhibit B. Insurance Requirements 14 I) Standard Insurance Policies Required: 14 II) General Requirements Applicable to All Policies: 14 III) Commercial General Liability 14 IV) Business Automobile Liability 15 V) Workers' Compensation Insurance 15 Exhibit C. Certificates of Insurance 16 Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 2 of 16 Page 40 of 345 ARTICLE I. DEFINITIONS 1.1 Agreement means this Franchise Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclables within the City limits. 1.2 Approved Customers means those designated premises located within the City that generate Recyclables. 1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) means the permitted municipal solid waste landfill and compost facility owned and operated by a Texas local government corporation. 1.4 City Council or Council means the governing body of the City of College Station, Texas. 1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation. 1.6 City's Representative means the Recycling & Environmental Compliance Manager or the Manager's designated appointee. 1.7 Collection means the scheduled aggregation of Recyclables by Contractor. 1.8 Construction and Demolition Debris means buildings material waste resulting from demolition, remodeling, repairs, or construction, as well as materials discarded during periodic temporary facility clean-up generated within the City. 1.9 Contaminated means Recyclables mixed with solid waste or altered in a way that results in materials being unrecyclable or un-compostable. 1.10 Contractor means the Contractor franchised for the collection of Recyclables. 1.11 Customers means the locations designated by the City as a Commercial Business or Multifamily Residence. 1.12 Organic Waste means waste of biological origin recovered from the solid waste stream for the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste, unless it is abandoned or disposed of, rather than reprocessed into another product. 1.13 Receptacle means a weatherproof container easily identifiable and designated for recycling or organic waste collection and shall not be made of any temporary materials. 1.14 Recyclables or Recyclable Materials mean materials, including construction and demolition debris recovered from the solid waste stream for the purpose of reuse or reclamation, a substantial portion of which are consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable materials are not solid waste unless they are abandoned or disposed of as garbage rather than reprocessed into another product. Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 3 of 16 Page 41 of 345 1.15 Residue means the materials regularly associated with and attached to Recyclables, as a part of the original packaging or usage of that material that is not recyclable or compostable. 1.16 Roll -Off / Compactor means a container of varying capacity used for Recyclables collection. 1.17 TAC means the Texas Administrative Code now and as amended. 1.18 TCEQ means the Texas Commission on Environmental Quality. ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE 2.1 Non -Exclusive. City grants Contractor a non-exclusive franchise to operate and establish Recyclables collection from designated Customers. Nothing in this Agreement shall be construed as granting an exclusive franchise or right. City grants Contractor passage and rights -of -way on, along, and across City streets, highways, alleys, public places and all other real property for collecting demolition and construction debris, recyclables and organic waste from commercial, industrial, multifamily and residential construction sites for the purpose of disposal and/or recycling within the jurisdictional limits of the City. Contractor is expressly prohibited from collecting any recyclables from completed residences that are covered by the City's residential single stream recycling contract and program. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City's governmental and police powers. 2.2 Acceptance. By accepting this Agreement, Contractor represents it has, by careful examination, satisfied itself as to the nature and location of the services, character, quality, and quantity of services to be performed, the character of the equipment and facilities necessary to fulfill obligations under this Agreement, as well as the general and local conditions and all other matters affecting services performed under this Agreement. 2.3 Option to Market Materials. If City develops services or programs resulting in materials that may be recycled or composted, including but not limited to residential construction sites, multifamily, or commercial recycling or composting, the City shall have the option to market those to any contractor. 2.4 Contract with City. If City and Contractor contract for the collection and recycling or composting of materials, those terms will be incorporated into this Agreement by amendment. ARTICLE III. PAYMENT AND TERM 3.1 Franchise Fee. For and in consideration of the grant of the franchise herein, Contractor agrees and will pay a Franchise Fee during the term of this Agreement, a sum based on the following graduated fee schedule depending on the percentage of aggregate recycling or composting accomplished: Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 4 of 16 Page 42 of 345 a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least sixty percent (60%) of Recyclables collected. b. A fee is required, equivalent to six and one half percent (6.5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least fifty-five percent (55%) but less than sixty percent (60%) of Recyclables collected. c. A fee is required, equivalent to eight percent (8%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting less than fifty-five percent (55%) of Recyclables collected. 3.2 Payments. Revenue received by Contractor from this Agreement is subject to the Franchise Fee and shall be computed into Contractor's monthly gross revenues, delivery revenues, hauling revenues, and rates, as described in Exhibit A. Payment will be paid quarterly to the City, and shall be due by the twentieth (20th) day of the month following the end of the previous calendar quarter. Payment after that date shall incur a ten percent (10%) late fee on the outstanding account balance under Article V. 3.3 Failure to Pay. Failure by Contractor to pay any amount due under this franchise constitutes a Failure to Perform under this contract and is subject to the provisions of Article XV. General Terms of this Agreement (Termination for Cause). 3.4 Franchise Fee Requirements. Payments must state on a form approved by the City: a. The number and type of Customers collected from, for the previous quarter, for Customers included in this Agreement. b. The total tons landfilled, recycled or composted, within the jurisdictional limits of the City, for the previous quarter. c. The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d. The total payment amount. 3.5 Term. The term of this Agreement shall be for a period of five (5) years, beginning on the date of acceptance and approval by City Council. Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 5 of 16 Page 43 of 345 ARTICLE IV. ACCESS TO RECORDS & REPORTING 4.1 Facilities. The City shall have the right to inspect the Contractor's facilities, equipment, personnel, and operations to ensure compliance with this Agreement. 4.2 Records. The City shall have the right to inspect Contractor's records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of Recyclables collected, processed, and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. 4.3 Records Retention. Contractor shall retain all records associated with this Agreement for a period of four (4) years. City shall have access to information regarding Contractor's markets and prices paid for each type of material's return/cost; all information obtained by City marked confidential or proprietary shall remain confidential or proprietary pursuant to the Texas Open Records Act. 4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report, on a form approved by the City, summarizing the previous month's collection. This report is due to the City's Representative no later than the twentieth (20th) calendar day of each month. Contractor's report shall include the following information: a. The Customer collection count, itemized by customer type. b. Total tonnage of materials collected, recycled, composted and/or landfilled, itemized by type of material, within the jurisdictional limits of the City. c. Any other information concerning the collections as required by the City's Representative. ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR 5.1 The Contractor shall follow the Schedule of Rates attached hereto as Exhibit A for the services described herein. The rates provided shall be kept current and made available to the City's Representative within thirty (30) days of an adopted rate change. The Contractor agrees to use due diligence to keep costs from increasing. ARTICLE VI. APPEARANCE OF PERSONNEL AND EQUIPMENT 6.1 Equipment. Contractor shall ensure all collection equipment and vehicles are attractively painted, well maintained and are in good working condition. Equipment must be washed at least one time per week. Equipment and vehicles must have sufficient carrying capacity for safe and efficient collection. The City shall have the right to inspect and approve the appearance of collection equipment. A standby vehicle shall be available at all times for collection. Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 6 of 16 Page 44 of 345 6.2 Signage. Contractor's vehicles shall at all times be clearly labeled with Contractor's name and phone number in visible letters and numbers not less than three (3) inches in height. Signage must be on both sides of the vehicle and placed in a conspicuous place. Only labeled vehicles shall perform collection activities under this Agreement. Contractor's roll -offs, compactors, and receptacles must be clearly marked as used for collection in letters at least twelve inches (12") in height on each side of the container. 6.3 Personnel. All collection personnel shall wear a City -approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work attire. ARTICLE VII. COLLECTION AND TRANSPORT 7.1 Transport. The Contractor shall only transport collected materials for storage, processing, disposal, or other necessary handling to locations in a manner permitted by the terms of this Agreement as well as federal, state, and local law. This Agreement does not authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal solid waste or any other type of waste intended for disposal from any other project. 7.2 Cover. During transport of materials all vehicles shall be covered to prevent release of litter. ARTICLE VIII. PLACEMENT OF RECEPTACLES 8.1 Placement. All roll -offs, compactors, and receptacles placed in service shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall Contractor place roll -offs, compactors, or receptacles on public streets, alleys, or thoroughfares without prior approval of the City's Representative. City reserves the right to designate the exact location of any or all roll -offs, compactors, or containers placed in service in the City. 8.2 City Collection. Collections shall not interfere with the City's collection of municipal solid waste. Under no circumstances shall contractor place roll -offs, compactors, or receptacles in existing enclosures designated for City roll -offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to customer service, property damage, or personal injury from their commercial business and multifamily Recyclables collection service. 9.2 Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 7 of 16 Page 45 of 345 9.3 Response. Contractor shall respond to all complaints within one (1) business day of receiving a complaint from a Customer or notice of complaint from the City. Regardless of the nature of the complaint, Contractor shall report the action taken to the City in accordance with Article IV. Access to Records & Reporting. 9.4 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five (45) day period, Contractor shall be assessed a charge of Three Hundred Dollars ($300.00). Complaints are to be verified by the Contractor and the City's Representative. The City shall invoice the Contractor such charges. ARTICLE X. DISPOSAL AND PROCESSING 10.1 Disposal Site. Unless approved otherwise in writing by the City, Contractor shall utilize BVSWMA, Inc. Landfill for the disposal of all non -recyclable waste material collected by Contractor within the corporate limits of the City. 10.2 Processing Facility. Contractor shall only use a City -approved recycling or composting facility for processing of all Recyclables collected by Contractor within the corporate limits of the City under this Agreement. ARTICLE XI. VIOLATION AND PENALTY Fine. It shall be unlawful for any person, firm or corporation to violate any provision or term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE XII. INSURANCE 12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term 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 services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 12.2 The Contractor's insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are attached in Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 8 of 16 Page 46 of 345 ARTICLE XIII. INDEMNIFICATION AND RELEASE 13.1 Indemnification. Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work and services done by the Contractor under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 13.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work and services 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 regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. ARTICLE XIV. DISPUTES AND MEDIATION 14.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the dispute shall first be referred to the operational officers or representatives designated by the parties having oversight of the Agreement's administration. The officers or representatives shall meet within thirty (30) days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. 14.2 Mediation. If the parties are not able to resolve the dispute under the procedure in this article, then the parties agree the matter shall be referred to non -binding mediation. The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall select the mediator from those mediators remaining on the list. The parties shall pay their own expenses of any mediation and will share the cost of the mediator's services. 14.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 9 of 16 Page 47 of 345 ARTICLE XV. GENERAL TERMS 15.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services in a professional manner and be fully qualified and competent to perform those services. 15.2 Termination. a. For Convenience. At any time, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30) days' written notice. City shall be compensated for outstanding Franchise Fees. b. For Cause. City may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) days of City providing Contractor written notice, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time upon which the parties may agree. c. Hearing. This Agreement shall not be terminated except upon a majority vote of the City Council, after giving reasonable notice to Contractor. The Contractor will have an opportunity to be heard, provided if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 15.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 15.4 Amendment. This Agreement may only be amended by written instrument approved and executed by the parties. 15.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes. 15.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 15.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver of deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 10 of 16 Page 48 of 345 15.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 15.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, and if by limiting that provision, the Agreement may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15.10 Entire Agreement. This Agreement represents the entire agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 15.11 Agree to Terms. The parties' state they have read the terms and conditions of this Agreement and agree to the terms and conditions. Contractor shall evidence its unconditional written acceptance of all the terms and conditions of this Agreement by the execution of this Agreement. 15.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal publication of this Agreement as provided by law, and provided it has been duly accepted by Contractor as herein above provided, this Agreement shall not take effect until sixty (60) days after its adoption on its second and final reading. 15.13 Notice. Any official notice under this Agreement will be sent to the following addresses: City of College Station Zters, Inc. dba Zters Site Services LLC Attn: Michael Lucas, Fiscal Services Attn: Bryan Klecka, Operations Manager PO BOX 9960 34910 Circle Lake Drive College Station, TX 77842 Pinehurst, Texas 77362 mlucas@cstx.gov Bryan.k@zsites.com 15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Schedule of Rates B. Insurance Requirements C. Certificates of Insurance 15.15 Public Meetings and Readings. This Agreement was passed, adopted and approved according to Texas Government Code Chapter 551. a. First Consideration & Approval on the day of , 2022. b. Second Consideration & Approval on the day of , 2022. Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 11 of 16 Page 49 of 345 ZTERS, INC. DBA ZTERS SITE CITY OF COLLEGE STATION SERVICES LLC By: _ � t, I.Mt - By: 1 Mayor Printed Name: shel by Lowe Title: Owner/Member Date: Date: 12/21/2021 ATTEST: City Secretary Date: APPROVED: City Manager Date: a,,, a. ?/d City Attorney Date: 12/23/2021 Assistant City Manager/CFO Date: 12/23/2021 Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 12 of 16 Page 50 of 345 EXHIBIT A. SCHEDULE OF RATES I. Contractor's base rate is $350.00 per pull depending on container size as set forth below, and may increase, depending on a variety of conditions, including but not limited to: a. Location of Customer b. Impact on Existing Routes c. Ingress and Egress Capabilities d. Special Requests by Customers e. Frequency of Collections f. Volume of Materials g. Type of Materials h. External Contributing Conditions of Market Costs sitesi Delivery to College Station from Pinehurst Tx $300.00 Standard Pricing base on Container size for Zsites Zone D (College Station TX) • 20 yard: $610.00/haul, includes 3 tons • 30 yard: $640.00/haul, includes 4 tons • 40 yard: $800.00/haul, includes 6 tons Special pricing for multiple containers or multiple hauls at one location will start at $390.00/haul. Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 13 of 16 Page 51 of 345 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: a. Commercial General Liability b. Business Automobile Liability c. Workers' Compensation II. General Requirements Applicable to All Policies: a. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. b. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance -approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. c. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per -occurrence basis only. d. The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. e. The City will not accept "claims made" policies. f. Coverage shall not be suspended, canceled, non -renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability a. General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. c. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000. Limits shall be endorsed to be per project. d. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance 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, and Personal & Advertising Liability. Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 14 of 16 Page 52 of 345 IV. Business Automobile Liability a. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain c. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. 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 any autos, owned autos, leased or rented autos, non -owned autos, and hired autos. V. Workers' Compensation Insurance a. Workers compensation insurance shall include the following terms: i. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required ii. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy iii. 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" Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 15 of 16 Page 53 of 345 EXHIBIT C. CERTIFICATES OF INSURANCE Contract No. 22300188 Recyclable Collection Franchise Ordinance Page 16 of 16 Page 54 of 345 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/8/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC 2500 City West Blvd. Suite 2400 Houston TX 77042 INSURED Zters, Inc. 13727 Office Park Drive Houston TX 77070 COVERAGES CONTACT NAME: Dolores Garza PHONE (A/C. No. Ext): 713-780-6178 E-MAIL ADDRESS: Dolores.Garza@MarshMMA.com INSURER(S) AFFORDING COVERAGE INSURERA: Evanston Insurance Company INSURER B : Imperium Insurance Company I INSURER C : Texas Mutual Insurance Company INSURER D : I INSURER E : I INSURER F : CERTIFICATE NUMBER: 1940462375 REVISION NUMBER: FAX (A/C, No): NAIC # 35378 35408 22945 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y MKLV4PBC002244 11/10/2021 9/1/2022 EACH OCCURRENCE CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT OTHER: B AUTOMOBILE LIABILITY X ANY AUTO X OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE DED RETENT ON $ c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N/A ILR180164900 0002039031 ZTERSINC 9/1/2021 9/1/2022 9/1/2021 9/1/2022 DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE X PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ 300,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is an executed written contract between the named insured and the certificate holder that requires such status. The General Liability and Workers' Compensation policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is an executed written contract between the named insured and the certificate holder that requires it. The General Liability policy contains a special endorsement with "Primary and Noncontributory" wording. Re: Recyclables Collection Service Franchise. Additional Insureds: City of College Station, its employees, agents, volunteers, and officials - applies per the Blanket Additional Insured endorsement which grants additional insured status only where such status is required by a written contract. CERTIFICATE HOLDER CANCELLATION City of College Station Attn: Michael Lucas, Fiscal Services PO. BOX 9960 College Station, TX 77842 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REP - ESENTATIVE _Brett Herrington © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 55 of 345 POLICY NUMBER: MKLV4PBC001510 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract executed by both parties All locations prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or CG20100413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Page 56 of 345 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20100413 © Insurance Services Office, Inc., 2012 Page 2 of 2 Page 57 of 345 POLICY NUMBER: MKLV4PBC001510 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) As required by written contract executed by both parties prior to loss SCHEDULE Location And Description Of Completed Operations All locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Page 58 of 345 COMMERCIAL GENERAL LIABILITY CG 20 38 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 38 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Page 59 of 345 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 38 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 Page 60 of 345 POLICY NUMBER: MKLV4PBC001510 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract executed by both parties prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Page 61 of 345 POLICY NUMBER: ILR18-01649-00 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Zters Site Services LLC (See Named Insured Addendum) Endorsement Effective Date: 9/1/2021 SCHEDULE Name(s) Of Person(s) Or Organization(s): Blanket As Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Page 62 of 345 POLICY NUMBER: ILR18-01649-00 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Zters Site Services LLC (See Named Insured Addendum) Endorsement Effective Date: 9/1/2021 SCHEDULE Name Of Person(s) Or Organization(s): Blanket as Required by Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 Includes copyrighted material of Insurance Services Office, Inc., with Page 1 of 1 its permission Page 63 of 345 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 61 WBC AA9BEN Endorsement Number: Effective Date: 11/10/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: ZTERS, INC 13722 OFFICE PARK DR HOUSTON TX 77070 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with 1. ( ) Special Waiver Name of person or organization respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Form WC 42 03 04 B Printed in U.S.A. Process Date: 10/01/20 Policy Expiration Date: 11/10/21 Page 64 of 345 January 13, 2022 Item No. 7.5. Rehabilitation of Water Wells 1 & 2 Sponsor: Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding a professional services contract with Weisinger, INC. in the amount of $673,947 for the completion of rehabilitation of water wells 1 and 2 for the City of College Station. Relationship to Strategic Goals: Core services and infrastructure. Recommendation(s): Staff recommends approval. Summary: The City of College Station owns and operates a well field that incorporates a total of 10 potable groundwater wells. As part of the Water Services Department's asset management program, these wells are rehabilitated on an approximately 10-year recurring basis. Rehabilitation may include the cleaning of screens, removing sediment from within the casing, refurbishing/replacing pumping equipment, adjusting pump settings and sizes in response to changes in the aquifer, and other necessary improvements. This contract includes the rehabilitation of groundwater wells 1 and 2, which were last rehabilitated in 2010. The staff recommends awarding the base bid and identified alternatives that have a high likelihood of needing additional rehabilitation efforts. These alternatives will be completed as necessary based on the well and equipment inspections and testing performed within the base bid items. Budget & Financial Summary: Budget of $1,325,000 is included for this project in the Water Capital Improvement Projects Fund. A total of $647,703 has been expended or committed to date, leaving a balance of $677,297 for this contract and related expenses. Attachments: 1. Contract No 22300171 - BW (Weisinger, Inc) 2. Tabulation 22-014 3. Project Location Map Page 65 of 345 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT This Agreement is entered into by and between the City of College Station, a Texas home -rule municipal corporation (the "City") and WEISINGER INC. (the "Contractor") for the construction and/or installation of the following: as described in ITB 22-014 Rehabilitation of Water Wells 1 & 2 with the alternates 1-A-4-A, 9-A, 13-A, 21-A and 22-A 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted. 1.02 City. The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 City's Consultant. The term "City's Consultant" or "Consultant" shall mean and be understood as referring to the City's design professional(s) for the Project. 1.04 City's Representative. The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent. 1.05 Contract Amount. 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 multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in consideration of the Contractor's final completion of all Work in conformity with this Agreement, the City shall pay the Contractor an amount not to exceed: Six Hundred Thousand Seventy -Three Nine Hundred Forty -Seven and NO /100 Dollars ($ 673,947.00 ). 1.06 Contract Documents. The term "Contract Documents" shall mean those documents listed in Paragraph 2.01. 1.07 Contractor. The term "Contractor" shall mean the person(s), partnership, or corporation who has agreed to perform the Work contemplated in this Agreement and the other Contract Documents. 1.08 Contractor's Proposal. The term "Contractor's Proposal" shall mean the document provided by the Contractor in response to, and shall include all information required by the City's Request for Proposal/Invitation to Bid for the Project. 1.09 Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.10 Final Completion. The term "Final Completion" shall mean that all the Work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 1 Page 66 of 345 1.11 Hazardous Substance. The term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which is defined as a hazardous substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean- up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). 1.12 Environmental Laws. The term "Environmental laws" shall mean collectively, 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. 1.13 Interpretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.14 Nonconforming work. The term "nonconforming work" shall mean Work or any part thereof that is rejected by City's Representative as not conforming with the Contract Documents. 1.15 Parties. The "parties" are the City and the Contractor. 1.16 Project. The term "Project" shall mean the construction of an improvement to real property where the Work comprises either whole or a part of such construction and which may include construction by the City or separate contractors. 1.17 Project Manager. The term "Project Manager" shall mean the Contractor's Project Manager. The Project Manager shall assist the City in performing various administrative and oversight duties relating to the Work, subject to limitations in authority that must be verified by Contractor. 1.18 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contract with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.19 Substantially Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 2 Page 67 of 345 retainage, however, shall be withheld until Final Completion and acceptance of the Work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.20 Work. The term "Work" as used in this Agreement shall mean the construction and services required by the Contract Documents and Exhibits, including any duly authorized change orders, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill its obligations. The Work may constitute the whole or a part of the Project. The Work includes but is not limited to all labor, parts, supplies, skill, supervision, transportation, services, and other facilities and all other items needed to produce, construct, and fully complete the Project. 1.21 Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2. CONTRACT DOCUMENTS 2.01 The Contract Documents and their priority shall be as follows: (a) This signed Agreement. (b) Addendum to this Agreement. (c) General Conditions, as may be applicable. (d) Special Conditions, as may be applicable. (e) Specifications, including the technical specifications set out at BCS Unified Design Guidelines ("Specifications"). (0 Plans. (g) Instructions to Bidders and any other notices to Bidders or Contractor. (h) Performance bond, Payment bonds, Bid bonds and Special bonds. (i) Contractor's Proposal. 2.02 Where applicable, the Contractor will be furnished three (3) sets of plans, specifications, and related Contract Documents for its use during construction. Plans and Specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03 The Contractor shall distribute copies of the Plans and Specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the Plans and Specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the Work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04 All drawings, specifications, and copies thereof furnished by the City shall not be re -used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the 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. 2.05 In the event of inconsistencies within or between parts of the Contract Documents, the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more stringent requirement, either or both in accordance with the City's interpretation. The terms and conditions of this paragraph -2.05, however, shall not relieve the Contractor of any of the obligations set forth in paragraphs 8.01. and 8.02 of this Agreement. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 3 Page 68 of 345 3. AWARD OF CONTRACT 3.01 Upon the notice of intent to award of the contract by the City, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents, bonds, and certificates of insurance required herein. 3.02 Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the Work in the most expedient and efficient possible manner in order to complete the Work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the Project shall be commenced on the date to be specified in the City's written notice to proceed. The notice to proceed may not be given, nor may any Work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments, particularly those required under paragraphs 27 and 28 (Insurance & Bonds). 4. CITY'S REPRESENTATIVE 4.01 The Contractor shall forward all communications, written or oral, to the City through the City's Representative. 4.02 The City's Representative may periodically review and inspect the Work of the Contractor. 4.03 The City's Representative shall appoint, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the Work performed under this Agreement and ensure that said Work is performed in accordance with the Plans and Specifications. 4.04 The City's Representative shall interpret questions concerning the Contract Documents. The City's inspector has authority to reject any of the Work for failure to comply with the Contract Documents and/or applicable laws. 4.05 Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may, within two (2) days from receipt of such order, make written appeal to City's Representative for his decision. 5. INDEPENDENT CONTRACTOR 5.01 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the Work. The Contractor shall have ultimate control over the execution of the Work under this Agreement. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Agreement. 5.02 Standard of Care. The Work shall be performed in a good and workmanlike manner, and in accordance with this Agreement, and all applicable laws, codes, and regulations. The construction of the Project is subject to amendments and adjustments to the Contract required by any applicable changes in regulations or requested or approved by in writing by the City. If at any time during the progress of the Work the Contractor becomes aware Contract No, 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page l 4 Page 69 of 345 of any errors or omissions in the Plans or Specifications for this Project or that the Agreement deviates from applicable legal requirements, Contractor shall promptly provide written notice thereof to the City. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. 5.03 The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the Work and fulfillment of this Agreement. The Contractor shall be responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. The subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project site during the progress of the Work, including at all times subcontractors are present at the Project site, a competent English speaking Project Manager and/or superintendent and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors. All directions given to the Project Manager and/or superintendent shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the Work, and lack of such supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5.04 Unless otherwise stipulated, the Contractor shall provide and pay for all labor, materials, tools, equipment, transportation, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the Work by the Contractor. Any additional work, material, or equipment needed to meet the intent of this provision shall be supplied by the Contractor without claim for additional payment, even though not specifically mentioned herein. 5.05 Any injury or damage to the Contractor or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6. DISORDERLY EMPLOYEES The Contractor agrees to employ only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City's Representative shall inform the Contractor in writing that any person or persons on the Project are, in his opinion, incompetent, unfaithful, or disorderly, such person or person shall be discharged from the Project and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7. HOURS OF WORK The Contractor may work Monday through Friday from 7 a.m. to 6 p.m., exclusive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime, weekends, and holidays only when approved in advance by the City's Representative. The time for Substantial Completion shall not be affected in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. 8. NATURE OF THE WORK 8.01 It is understood and agreed that the Contractor has, by careful examination, studied and compared the Plans and other Contract Documents, satisfied itself as to the nature and location of the Work, the conditions of the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the Work, the time needed to complete the Work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 5 Page 70 of 345 Work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any Work that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02 Any design errors or omissions noted by the Contractor shall be reported promptly to the City, but it is 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. 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) Schedule for performance of the Work ("Construction Schedule"). Project Schedule contemplated, including the starting and ending date, as well as an indication of the completion of stages of Work hereunder. Such document, once approved by the City and, if applicable, the City's Consultant shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit E. If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. The Construction Schedule shall not be modified except by written change order. The Construction Schedule shall not exceed time limits current under the Contract Documents, shall be submitted with each pay application, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. (b) The names and addresses of all proposed subcontractors in writing. (c) Schedules of the starting and ending dates of subcontractors and the scope of Work contemplated for subcontractors. (d) Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Project Superintendent/Manager. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 6 Page 71 of 345 (e) For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the submission thereof. (f) Where applicable, materials procurement schedules and material supplier names, addresses and phone numbers. 9.02 The City's Representative, within five (5) working days after the initial post -agreement award conference or any other meetings, may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall thereafter sign the minutes and promptly return them to City's Representative. Where there is disagreement, City's Representative will make the final determination. 10. PROGRESS OF WORK 10.01 The Construction Schedule shall be in a detailed precedence -style critical path method ("CPM") or primavera-type format satisfactory to the City and the Consultant. The Construction Schedule shall also (i) provide a graphic representation of all activities and events that will occur during performance of the Work; (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as "Milestone Dates"). If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. 10.02 Further, the parties shall be subject to the following: (a) The Contractor shall submit a Construction Schedule and schedule of values at the initial post - agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's Construction Schedule submitted herein. The Contractor shall promptly resubmit a revised Construction Schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the Work with dates at which the Contractor will start the several parts of the Work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the Work is not in accordance with the approved Construction Schedule, the City may so inform the Contractor and require the Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 7 Page 72 of 345 Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03 The process of approving the Construction Schedule and updates to the Construction Schedule shall not constitute a warranty by the City that any non -Contractor milestones or activities will occur as set out in the Construction Schedule. Approval of the Construction Schedule does not constitute a commitment by the City to furnish any City -furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum The Contractor shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the City of any delays or potential delays. In the event the Construction Schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any adjustment to the Construction Schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04 The Contractor shall also prepare a submittal schedule promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Consultant's approval. The Consultant's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (i) be coordinated with the Contractor's Construction Schedule; and (ii) allow the Consultant reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 10.05 In the event the City determines that the performance of the Work, as of a Milestone Date or otherwise, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime; (ii) supplying additional manpower, equipment, and facilities; and (iii) other similar measures (hereinafter referred to collectively as "Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The City's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the Construction Schedule. (a) The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the City under or pursuant to this Subparagraph. (b) The City may exercise the rights furnished the City under or pursuant to this Subparagraph as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents. 10.06 Work Stoppage. If in the judgment of either the City or City's Representative any of the Work or materials furnished is not in strict accordance with this Agreement or any portion of the Work is being performed so as to create a hazardous condition, they may, in their sole discretion, order the Work of the Contractor or any subcontractor wholly or partially stopped until any objectionable person, work, or material is removed from the premises. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement, including the time of performance and deadlines therefore, nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 8 Page 73 of 345 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 The Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as any information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the City and the Consultant any errors, inconsistencies or omissions discovered by or made known to the Contractor. It is recognized that the 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. Contractor acknowledges the City does not represent nor warrant the accuracy or completeness of information provided by the City related to existing conditions and locations of existing utilities and services. Such information if provided, is provided to the Contractor as a matter of convenience and does not substitute for the Contractor using due diligence to reasonably observe and or to access space to determine errors, inconsistencies or omissions. In all cases of interconnection of the Work with existing conditions, Contractor shall verify at the site all dimensions relating to such existing conditions. 11.07 Contractor's Structures. The building or locating of structures or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 9 Page 74 of 345 damage the property where such structures are allowed and shall at all times maintain sanitary conditions in and about such structures in a manner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City, its property, or third persons as a result of the location or use of such structures. 11.08 The Contractor and any entity over whom the Contractor has control shall not erect any sign on the Project site without the prior written consent of the City. 11.09 City may have other work related to the Project performed at the Project site during the time the Work is performed. Contractor should schedule its Work to coordinate with the work of other contractors and utilities with the understanding that some of that work may be performed at times other than as set out in the Contract Documents or as otherwise anticipated. City will endeavor to have such other work performed so as not to unduly interfere with Contractor's performance when Contractor notifies City of specific reasonable needs well in advance of those needs and where it is possible to do so. In the event of substantial delay caused by another contractor or a utility, after advance notice of its needs by Contractor, Contractor will be entitled to make a claim for an extension of time as provided herein. 11.10 When two or more contractors, including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one contractor before another can begin, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor, including Contractor if applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separate contractor at the Project site, or should any claim arising out of Contractor's separate contractor at the Project site, or should any claim arising out of Contractor's performance of the Work be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by applicable laws, indemnify and hold City harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against City to the extent based on a claim arising out of Contractor's negligence. 12. MATERIALS 12.01 Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, 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 agreement reserving Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 10 Page 75 of 345 unto seller any right, title, or interest therein. Title to all materials, but not risk of loss, shall pass to the City upon delivery to the Project. 12.03 Where the City deems it necessary to supply materials, it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. Moreover, the Contractor shall, on behalf of the City, accept delivery of the materials set forth in the attached "List of Materials Ordered by the City". Under such circumstances, the Contractor shall promptly forward to the City for payment the supplier's invoice together with the Contractor's receipt in writing for such materials. (a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials. (b) Further, the Contractor shall repair, repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative. (c) Before transporting any of the materials furnished or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. (d) The City shall not be obligated to furnish materials in excess of the quantities, size, kind, and type set forth in the attached List of City Furnished Materials and List of Materials Ordered by the City. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such excess materials shall be their actual cost as stated by the City. (e) Upon delivery, the Contractor shall promptly receive, unload, transport, and handle all materials and equipment on the List of Materials Ordered by the City at its expense and shall be responsible for all shipping costs. 12.04 Materials and supplies shall be new and of good quality. Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished, reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12.05 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. 12.06 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 11 Page 76 of 345 12.07 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 12.08 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 12.09 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. 12.10 The Contractor shall review for compliance with the Contract Documents, approve and submit to the City's Consultant Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the City's Consultant or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. 12.11 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the City and City's Consultant that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 12.12 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the City's Consultant. 12.13 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the City's Consultant's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the City's Consultant in writing of such deviation at the time of submittal and (1) the City's Consultant has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the City's Consultant's approval thereof. 12.14 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the City's Consultant on previous submittals. In the absence of such written notice, the City's Consultant's approval of a resubmission shall not apply to such revisions. 12.15 Contractor shall be liable for and the City may withhold from Contractor's payments any amount of additional fees charged by City's Consultant for excessive resubmittal review. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 12 Page 77 of 345 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01 The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. 13.02 The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the Work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the Work will be ready for observation. 13.03 The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the Plans, Specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if said work is in accordance with the -Plans, -Specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04 City shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further, insurance changes required to 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. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 13 Page 78 of 345 14.03 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the City's Consultant's additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. 15. SUBCONTRACTING & SUBCONTRACTORS 15.01 The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02 Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the Work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Every subcontractor shall be bound by the terms and provisions of this Agreement and the Contract Documents as far as applicable to their work. Contractor's subcontract agreement shall provide that subcontractors shall assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the subcontractor's Work, which the Contractor, by these Documents, assumes toward the City and Consultant. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. 16. PAYMENT 16.01 The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such, is exempt from the payment of the sales tax on materials and supplies used in the performance of this Agreement. The Contractor shall issue exemption certificates to its suppliers and subcontractors in lieu of said sales tax for all such materials and supplies, and said exemption certificates must comply with the State 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 ("Schedule of Values"). The Schedule of Values shall not overvalue early job activities and shall follow the trade divisions of the Specifications so far as possible. Modifications must be approved by City. This schedule, unless objected to by the City, shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit F. The Schedule of Values 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, backed by the Schedule of Values, showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to and including the last day of the preceding month. The statement shall also include the value of all materials not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the Work. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 14 Page 79 of 345 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. OR: 0 16.04 Retainage. This section has been removed. No retainage will be deducted. 16.05 If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06 Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re -stocking charges actually incurred by the Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07 The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the Work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09 Unless otherwise provided in the Contract Documents: (a) Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 15 Page 80 of 345 (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; and (c) Whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between 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. (i) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. (j) Corrections of mistakes, errors and overpayments in relation to prior pay applications and payments. Provided, however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Paragraph. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 16 Page 81 of 345 17. EXTRA WORK CHARGES 17.01 No changes shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02 City Manager Approval. When the original contract amount plus all change orders is One Hundred Thousand Dollars ($100,000) or less, the City Manager or his designee may approve the written change order in accordance with 17.03 below, provided the change order does not increase the total amount set forth in the Contract to more than One Hundred Thousand Dollars ($100,000). For such contracts, when a change order results in a total contract amount that exceeds One Hundred Thousand Dollars ($100,000), the City Council of the City must approve such change order prior to commencement of the services or work. 17.03 For "Extra Work", as defined in Paragraph 1.09 and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original Contract price may not be increased by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be 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. OR: 17.03 For construction contracts funded in whole or in part by Certificates of Obligations, for "Extra Work," as defined in Paragraph 1.09 and authorized through written change orders, and pursuant to Section 271.060 of the Texas Local Government Code, a contract with an original contract price of $1 million or more may not be increased by more than twenty-five percent (25%). If a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than $1 million increases the Contract Amount to $1 million or more, subsequent change orders may not increase the revised Contract Amount by more than twenty-five percent (25%). Written change orders may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be 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. 17.04 The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Completion of the Work shall not excuse the Contractor from Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 17 Page 82 of 345 performing all the Work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the Work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the Work and the Contractor shall assume and pay the costs of the performance of the Work as contracted. (a) It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a written work order signed by City. (b) No claim for Extra Work of any kind will be allowed unless ordered in writing by the City. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive compensation or an adjustment in the construction time, it shall make written request to City's Representative for a written order from City authorizing such Extra Work. (c) Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the Work after making written requests for written orders in a change order and shall keep adequate and accurate account of the actual field costs therefor, as provided under Method C. (d) It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Method A - By agreed unit prices, or Method B - By agreed lump sum, or Method C - If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost (as defined in subsection (g) below) of the Work. (e) Method A - Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as follows: (1) The cost of materials shall be determined by the invoices; (2) The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, workers' compensation, and all other insurance as may be required by law or ordinances or required and agreed to Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page118 Page 83 of 345 by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1) No indirect or consequential damages will be allowed. (2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned man loading to actual man loading, or any other analysis that is used to show damages indirectly. (3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01 The date of beginning, the time for Substantial Completion and Final Completion of Work as specified in this Agreement are of the essence of this Agreement. 18.02 The Work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post -award conference. 18.03 The Work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04 The Work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION 19.01 The Contractor shall notify City's Representative when, in the Contractor's opinion, the Contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the Work has been Substantially Completed, City's Representative shall inspect the Work for the preparation of a final punch list. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 19 Page 84 of 345 (a) If City's Representative and the City find that the Work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the Work. City's Representative shall not be required to provide a list of unfinished work. (b) If the City Representative and City find that the Work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19.02 The Substantial Completion of the Work shall not excuse the Contractor from performing all of the Work, whether of a minor or major nature, necessary for Final Completion and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01 Contractor shall notify the City's Representative when it believes that the Work has reached Final Completion as defined in Paragraph 1.08. If the City's Representative and the City accept and deems such Work Finally Complete, then Contractor shall be so notified and certificates of completion and acceptance, as provided herein, shall be issued. A complete itemized statement of this Agreement account, certified by the City's Representative as correct, shall then be prepared and delivered to Contractor. Contractor or City, as the case may be, shall pay the balance due as reflected by said statement within thirty (30) calendar days. 20.02 The Contractor shall procure all required certificates of acceptance or completions issued by state, municipal, or other authorities and submit the same to the City. The City may withhold any payments due under this Agreement until the necessary certificates are procured and delivered. 20.03 Neither the final payment nor any acceptance nor certificate nor any provision of this Agreement shall relieve the Contractor of any responsibility for faulty workmanship or materials. At the option of the City, the Contractor shall remedy any defects and pay for any damage to other work which may appear after final acceptance of the Work. 21. DELAYS 21.01 The Contractor, in undertaking to complete the Work within the times herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such Work, whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise. 21.02 The City may, in its sole discretion, delay the Work during inclement weather in order to preserve the Project, insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Paragraph 22 to offset for such stoppage of the Work. 21.03 No payment or compensation of any kind shall be made to the Contractor for damages because of hindrance or delay in the progress of the Work, unless such delays (1) are caused by the actual interference, fraud, bad faith or misrepresentation by the City or its agents, (ii) extend for an unreasonable length of time; or (iii) were not contemplated by the parties at the time of contracting. In the event of any delay entitling Contractor to an increase in Contract Amount, except when due to City's intentional interference or fraud, Contractor's recovery shall be limited as outlined in subsection 21.04 below. The City's reasonable exercise of any of its rights or remedies under the Contract, regardless of the extent or frequency, shall not under any circumstances be construed as interference with the Contractor's performance of the Work. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 20 Page 85 of 345 21.04 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 22.01 The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including, but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completion, except when the Work has been delayed by one or more of the following: (a) An act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; (b) By changes ordered in the Work, or reductions thereto approved in writing; (c) By "rain days" (days with rainfall in excess of one -tenth of an inch) during the term of this Agreement that exceed the average number of rain days for such term for this locality, both as determined by the Texas A&M University weather service; or (d) By other causes that the City and the Contractor agree may reasonably justify delay and that were 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. 22.02 If one or more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time, within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required by the City's Representative. Within ten (10) calendar days after receipt of a written request for an extension of time, which is supported by all requested documentation, the City shall, in writing and in its sole discretion, grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing and in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01 The time for the Substantial and Final Completion of the Work described herein are reasonable times for the completion of each, taking into consideration all conditions, including but not limited to the average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor's failure to meet the deadlines for Substantial and/or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 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 Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 21 Page 86 of 345 thereof granted by the City's Representative pursuant to the terms of Paragraph 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of One Hundred and 00 /100 DOLLARS ($ 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 (1) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative, and all work will be of good quality, free from faults and defects, and in conformance with this Agreement, the other Contract Documents, and recognized industry standards. 25.02 All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03 This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04 Where more than a one (1) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. 25.05 This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 25.06 Defective Work Discovered During Warranty Period. If any of the Work is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this Agreement within one (1) 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 (1) 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 nromntly. upon receipt of written notice bv_ the City. . correct the defective work at no cost to the City. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 22 Page 87 of 345 25.07 The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08 If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the Work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the Work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09 The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10 The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (1) year after the installation or completion. The one (1) year warranty shall cover all Work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the Work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01 Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02 Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Paragraph 26.01, the Contractor or subcontractor as the case may be shall pay the City sixty dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03 The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable, without discount, no less than once each week. 26.04 No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll and that no rebates or deductions (except as shown) have been made or will be made in the future from the wages therein shown. 26.05 Payment of Subcontractors. The Contractor shall be solely and exclusively responsible for compensating any of the Contractor's employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by the City. In the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the Work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 23 Page 88 of 345 Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 26.06 Affidavit of Bills Paid. Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 27. INSURANCE 27.01 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth below. During the term of this Agreement Contractor's insurance policies shall meet the minimum requirements of this section. 27.02 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Excess Liability — required for contract amounts exceeding $1,000,000. (d) 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. (e) Workers' Compensation/ Employer's Liability. 27.03 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Only licensed Insurance Carriers authorized to do business in the State of Texas will be accepted. (b) Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. (c) "Claims Made" policies are not accepted. (d) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City of College Station. (e) The City of College Station, its agents, officials, employees and volunteers, are to be named as "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 agents, officials, employees or volunteers. 27.04 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated "A:VIII" or better in accordance with the current A.M. Best Key Rating Guide. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 24 Page 89 of 345 (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 the City's review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. 27.05 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated "A:VIII" or better in accordance with the current A.M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned autos, leased or rented autos, non -owned autos, any autos and hired autos. (e) Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1,000,000.00, where such exposures exist. 27.06 Excess Liability. The following Excess Liability requirements shall apply: Unless otherwise agreed in writing, excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the Agreement, whichever is greater, per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000 in total value. 27.07 Additional Insured. Those policies set forth in Paragraphs 27.04, 27.05, and 27.06 shall contain an endorsement listing the City as 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 acceptable to the City. Waiver of subrogation in a form acceptable to the City shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached hereto as Exhibit C, and approved by the City before Work commences. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 25 Page 90 of 345 27.08 Builder's Risk Until the Work is completed and accepted by the City, the Contractor shall purchase and maintain builder's risk insurance upon the entire Work at the Project site to the full insurable value thereof. The builder's risk insurance shall also cover portions of the Work stored off site after written approval of the City of the value established in the approval, and also portions of the Work in transit. This insurance shall include the interests of the City, the Contractor, subcontractors and sub -subcontractors in the Work and shall insure against the perils of fire, wind, storm, hail, lightning and extended coverage including flood and earthquake and shall include all-risk insurance for physical loss or damage, including, without duplication of coverage, theft, vandalism and malicious mischief. The insurance shall cover reasonable compensation for City's Consultant's services and expenses required as a result of an insured loss. This must be an all-risk policy incorporating the following language: Permission is given for the Project insured hereunder to become occupied, the insurance remaining in full force and effect until such time as the Project has been accepted by the City, all as currently approved by the Texas Board of Insurance Commissioners When permissible by law, the Certificate of Insurance must include the names of the insured Contractor and the City. The deductible under the policy, including that for flood shall not exceed $100,000.00 without the written approval of the City. 27.09 Workers' Compensation/Employer's Liability Insurance. The following Workers' Compensation Insurance requirements shall apply. (a) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the 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 used. (b) Workers' Compensation/ Employer's Liability 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. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 26 Page 91 of 345 (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. 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 Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 27 Page 92 of 345 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 calendar days after the person knew or should have known, of any change that Contract No, 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 28 Page 93 of 345 materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Agreement, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the 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 Agreement void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity." 27.09 Certificates of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance -approved form, and shall contain the following provisions and warranties: (a) The company is authorized to do business in the State of Texas. (b) The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Department of Insurance or ISO. (c) Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 28. BOND PROVISIONS 28.01 Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City's discretion, such bonds shall be executed in accordance with all requirements of Chapter 3503 of the Texas Insurance Code, all other applicable law, and the following: (a) The Contractor shall execute performance and payment bonds for the full Contract Amount. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents, which are attached as Exhibit B, together with valid Contract No.22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 29 Page 94 of 345 original powers of attorney, at the time of execution of this Agreement by Contractor and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit B. (d) The performance and payment bonds shall remain in effect for a period of one (1) year after Final Completion of the Work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02 The Contractor may make such changes and alterations as the City may require in the Work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned, in accordance with the provisions of Article 17. 29. SURETY 29.01 If the Contractor has abandoned the Project or the City has terminated the Contract for cause and the 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: (a) The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the Work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. (b) The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the Work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what 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 Project site, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor at its respective address designated in this Agreement; provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 30 Page 95 of 345 from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 29.03 In the event the account shows that the cost to complete the Work is less than that which would have been the cost to City had the Work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the Project site shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01 The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. 30.02 The Contractor shall perform and require all subcontractors to perform the Work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 30.03 The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01 All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attn.: Assistant Chief'. 31.02 The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the Work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the Work as may be necessary. 31.03 The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the Work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04 Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in section 1.11, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as defined in section 1.12). In the event Contractor engages in any of the activities prohibited in this section 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 31 Page 96 of 345 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 section 31.04. 31.05 In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06 City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07 It is the Contractor's responsibility to comply with all Environmental Laws (as defined in section 1.10 of this Agreement) based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Subchapter 756 of the Tex. Health & Safety Code Ann. §756.022-023, and the requirements of 29 C.F.R., Subpart P — Excavations (sections 1926.650 et. seq.) of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. 32.03 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty, responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 32.04 The Contractor must provide the City 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. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 32 Page 97 of 345 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. 33. INDEMNITY 33.01 CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THE CONTRACT DOCUMENTS. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02 The indemnification contained in paragraphs 33.01 shall include but not be limited to the following specific instances: (a) The City is damaged due to the act, omission, mistake, fault or default of the Contractor. (b) In the event of any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) In the event of any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. (d) In the event of any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. (e) The removal of all debris related to the Work. (f) The acts and omissions of the subcontractors it hired. (g) The Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 33.03 The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 33 Page 98 of 345 33.04 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 33.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 33.05 The indemnity provisions provided herein shall survive the termination or expiration of this Agreement. 33.06 The indemnification obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers compensation acts, disability benefit acts or other employee benefit acts. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 34. RELEASE 34.01 The Contractor assumes full responsibility for the Work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's Work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Proj ect, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 35. PERMITS AND LICENSES 35.01 The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the Work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 36. ROYALTIES AND LICENSING FEES 36.01 THE CONTRACTOR SHALL PAY ALL ROYALTIES AND LICENSING FEES. THE CONTRACTOR SHALL HOLD THE CITY HARMLESS AND INDEMNIFY THE CITY FROM THE 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 Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 34 Page 99 of 345 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 38.01 At any time, and without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety for any of the following: (a) If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors and, after notice, fails to provide adequate assurance that it can remedy all of its defaults; or (b) If a receiver, trustee, or liquidator of any of the property or income of the Contractor is appointed; or (c) If the Contractor fails to prosecute the Work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or (d) If the Contractor fails to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or (e) If the Contractor fails for any reason other than the failure by City's Representative to make payments called upon when due; or (f) If the Contractor abandons the Work. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 35 Page 100 of 345 (g) If the Contractor commits a material default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 39. TERMINATION FOR CONVENIENCE 39.01 The performance of the Work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the Work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE 40.01 If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the Work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the Work itself 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 (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; Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 36 Page 101 of 345 (d) Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Repre- sentative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (e) With the approval of City's Representative, settle all outstanding liabilities and all claims arising out of such termination, orders, and subcontracts; and/or (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. 42. TERMINATION CONVERSION 42.01 Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Paragraph 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a 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 43.01 During the term of this Agreement and for a period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT 44.01 This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45. EFFECTIVE DATE 45.01 This Agreement goes into effect when duly approved by all the parties hereto and is contingent upon Contractor obtaining the bonds required herein. 46. OTHER TERMS 46.01 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein Contract No, 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 37 Page 102 of 345 excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. 46.03 Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.04 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.05 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 46.06 Mediation. After receipt of a written notice of a claim, the City may elect to refer the matter to the City's Consultant, City's Representative or another party for review. Contractor will attend meetings called to review and discuss the claims and mitigation of the problem, and shall furnish any reasonable factual backup for the claim requested. The City may also elect to defer consideration of the claim until the Work is completed, in which case the same review options shall be available to the City at the completion of the Work. At any stage, the City, at its sole discretion, is entitled to refer a claim to mediation under the Construction Industry Mediation Rules of the American Arbitration Association, and, if this referral is made, Contractor will take part in the mediation process. The filing, mediation or rejection of a claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under City's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in College Station, Texas. 46.07 Arbitration. In the event of a dispute and upon the mutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.08 Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 46.09 Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this Agreement. 46.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 38 Page 103 of 345 46.11 Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.12 Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.13 Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.14 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.15 Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. 46.16 Verification No Boycott Israel. To the extent this Contract is considered a contract for goods or services subject to § 2270.002 Texas Government Code, Contractor verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 39 Page 104 of 345 List of Exhibits A. Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule F. Schedule of Values WEISINGER, INC. CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: Title: Date: APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Contract No.22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 40 Page 105 of 345 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 106 of 345 DAVIS BACON WAGE RATES "General Decision Number: TX20210007 01/01/2021 Superseded General Decision Number: TX20200007 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 $10.95 for calendar year 2021 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.aov/whd/aovcontracts . Modification Number Publication Date 0 01/01/2021 * SUTX2011-006 08/03/2011 Rates Fringes 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 Page 107 of 345 Pipelayer $ 12.79 Work Zone Barricade Servicer $ 11.85 PAINTER (Structures) $ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor $ 12.69 Asphalt Distributor $ 15.55 Asphalt Paving Machine $ 14.36 Boom Truck $ 18.36 Broom or Sweeper $ 11.04 Concrete Pavement Finishing Machine $ 15.48 Crane, Hydraulic 80 tons or less $ 18.36 Crane, Lattice Boom 80 tons or less $ 15.87 Crane, Lattice Boom over 80 tons $ 19.38 Crawler Tractor $ 15.67 Directional Drilling Locator $ 11.67 Directional Drilling Operator $ 17.24 Excavator 50,000 lbs or Less $ 12.88 Excavator over 50,000 lbs $ 17.71 Foundation Drill, Truck Mounted $ 16.93 Front End Loader, 3 CY or Less $ 13.04 Front End Loader, Over 3 CY $ 13.21 Loader/Backhoe $ 14.12 Mechanic $ 17.10 Milling Machine $ 14.18 Motor Grader, Fine Grade $ 18.51 Motor Grader, Rough $ 14.63 Pavement Marking Machine $ 19.17 Reclaimer/Pulverizer $ 12.88 Roller, Asphalt $ 12.78 Roller, Other $ 10.50 Scraper $ 12.27 Spreader Box $ 14.04 Trenching Machine, Heavy $ 18.48 Servicer $ 14.51 Steel Worker Reinforcing $ 14.00 Structural $ 19.29 Page 108 of 345 TRAFFIC SIGNAL INSTALLER Traffic Signal/Light Pole Worker $ 16.00 TRUCK DRIVER Lowboy -Float $ 15.66 Off Road Hauler $ 11.88 Single Axle $ 11.79 Single or Tandem Axle Dump Truck $ 11.68 Tandem Axle Tractor w/Semi Trailer $ 12.81 WELDER $ 15.97 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Page 109 of 345 1. Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3. The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 1 /2) times the base hourly rate. 4. The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. 5. Except for Heavy/Highway Construction, building construction wage rates shall be paid to all workers except those workers engaged in site work and construction beyond five feet of buildings. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 110 of 345 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 111 of 345 PERFORMANCE BOND Bond No. THE STATE OF TEXAS THE COUNTY OF BRAZOS THAT WE, § § § KNOW ALL MEN BY THESE PRESENTS: , as Principal, hereinafter called "Contractor" and the other subscriber hereto , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Six Hundred Thousand Seventy -Three Nine Hundred Forty -Seven and NO /100 Dollars ($ 673,947.00 ) 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 College Station for as described in ITB 22-014 Rehabilitation of Water Wells 1 & 2 with the alternates 1-A-4-A, 9-A, 13-A, 21-A and 22-A 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 (30) days from the acceptance of the Work 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 Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 112 of 345 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. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond and it does hereby waive notice of any such change in Contract Time or Contract Sum. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the Work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to 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. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 113 of 345 Bond No. FOR THE CONTRACTOR: WEINSINGER, INC. ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) (Name of Contractor) By: By: Name: Name: Title: Title: January 13, 2022 January 13, 2022 Date: Date: FOR THE SURETY: ATTEST/WITNESS (SEAL) By: Name: Title: (Full Name of Surety) (Address of Surety for Notice) Date: January 13, 2022 By: FOR THE CITY: REVIEWED: Name: Title: Date: January 13, 2022 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 114 of 345 TEXAS STATUTORY PAYMENT BOND Bond No. THE STATE OF TEXAS THE COUNTY OF BRAZOS § § § KNOW ALL MEN BY THESE PRESENTS: THAT WE, , as Principal, hereinafter called "Principal" and the other subscriber hereto , a corporation organized and existing under the laws of the State of , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Six Hundred Thousand Seventy -Three Nine Hundred Forty -Seven and No /100 Dollars ($ 673,947.00 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the day of , 20 , for as described in ITB 22-014 Rehabilitation of Water Wells 1 & 2 referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the Work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond, and it does hereby waive notice of any such change in Contract Time or Contract Sum. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 115 of 345 Bond No. FOR THE CONTRACTOR: WEINSINGER, INC. ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) (Name of Contractor) By: By: Name: Name: Title: Title: Date: January 13, 2022 Date: January 13, 2022 FOR THE SURETY: ATTEST/WITNESS (SEAL) By: Name: Title: (Full Name of Surety) (Address of Surety for Notice) Date: January 13, 2022 By: Y FOR THE CITY: REVIEWED: Name: Title: Date: January 13, 2022 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 116 of 345 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 117 of 345 ,accoR o�® CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Adams Risk Management Services, LLC Adams Insurance Service, Inc. 427 W. 20th Street, Suite 500 Houston TX 77008 INSURED Weisinger, Inc. PO Box 909 Willis TX 77378 COVERAGES CONTACT NAME: Kristen Cuplt PHONE (A/C. No. Ext): 713-869-8346 E-MAIL ADDRESS: kcupit@adamsins.com INSURER(S) AFFORDING COVERAGE INSURER A : EMCASCO Insurance Company INSURER B : Employers Mutual Casualty Company I INSURER C : Union Insurance Company of Providence I INSURER D : Bridgefield Casualty Insurance Company I INSURER E : I INSURER F : CERTIFICATE NUMBER: 86100926 REVISION NUMBER: DATE (MM/DD/YYYY) 12/6/2021 FAX A C, No): 713-869-9144 WEISINC-01 NAIC # 21407 21415 21423 10335 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) C X COMMERCIAL GENERAL LIABILITY Y Y 5D49341 6/30/2021 6/30/2022 EACH OCCURRENCE CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT OTHER: A AUTOMOBILE LIABILITY B D X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE DED X RETENT ON $ i n nnn WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N Y Y 5E49341 6/30/2021 6/30/2022 Y Y 5J49341 N/A Y 0196-53218 6/30/2021 6/30/2022 6/30/2021 6/30/2022 DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ 1,000,000 $ 500,000 $ 10,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSTALLATION FLOATER Policy Number: 5C49341 Employers Mutual Casualty Company - Policy Dates: 06/30/2021 to 06/30/2022 Policy Limits: $500,000 Per Jobsite $ 1,000,000 $ 1,000,000 $ 1,000,000 THE GENERAL LIABILITY & AUTOMOBILE LIABILITY POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT & THE GENERAL LIABILITY, AUTOMOBILE LIABILITY & WORKERS COMPENSATION POLICIES INCLUDE A BLANKET WAIVER OF SUBROGATION ENDORSEMENT THAT PROVIDES ADDITIONAL INSURED STATUS & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER ONLY WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS AS PER See Attached... CERTIFICATE HOLDER CANCELLATION CITY OF COLLEGE STATION 1101 TEXAS AVENUE COLLEGE STATION TX 77840 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTH RIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 118 of 345 AGENCY CUSTOMER ID: WEISINC-01 LOC #: ACORN® AGENCY Adams Risk Management Services, LLC POLICY NUMBER CARRIER ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED Weisinger, Inc. PO Box 909 Willis TX 77378 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE THE ATTACHED. Page 1 of 1 THE GENERAL LIABILITY POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1) CG 7193.1- WHO IS AN INSURED IS AMENDED TO INCLUDE AS ADDITIONAL INSURED, INCLUDING COMPLETED OPERATIONS, ANY PERSON OR ORGANIZATION WHEN YOU HAVE AGREED IN A WRITTEN CONTRACT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY. PRIMARY & NON-CONTRIBUTORY BASIS IF THE ADDITIONAL INSURED SPECIFICALLY AGREED IN A WRITTEN CONTRACT THAT THE INSURANCE BE PRIMARY & WHEN COVERAGE IS PROVIDED ON A PRIMARY BASIS WE WILL NOT SEEK CONTRIBUTION FROM ANY OTHER INSURANCE AVAILABLE TO THE ADDITIONAL INSURED IF A WRITTEN CONTRACT REQUIRES THAT THIS INSURANCE BE NON-CONTRIBUTORY 2) CG7578.3 - BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT 3) CG 7429- PER PROJECT AGGREGATE LIMIT. 4) IL7447.6 - NOTICE OF CANCELLATION-30 DAY BLANKET AS REQUIRED BY WRITTEN CONTRACT. THE AUTOMOBILE POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1) CA 7450- BLANKET ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO THE BODILY INJURY OR PROPERTY DAMAGE. 2) CA 7450- BLANKET WAIVER OF SUBROGATION AS REQUIRED BY WRITTEN CONTRACT. 3) IL 7447.6- NOTICE OF CANCELLATION-30 DAYS BLANKET AS REQUIRED BY WRITTEN CONTRACT. THE WORKERS COMPENSATION POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1) WC 42 03 04B-WAIVER OF SUBROGATION -BLANKET WAIVER FOR ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. 2) WC 42 06 01-NOTICE OF CANCELLATION-30 DAYS BLANKET AS REQUIRED BY WRITTEN CONTRACT. THE UMBRELLA/EXCESS LIABILITY POLICY APPLIES IN EXCESS OF THE UNDERLYING GENERAL LIABILITY, AUTOMOBILE LIABILITY AND EMPLOYERS LIABILITY POLICIES ABOVE INCLUDING FOLLOWING THE TERMS OF ANY ADDITIONAL INSURED ENDORSEMENTS. THE POLICY FOLLOWS THE TERMS AND CONDITIONS OF SUCH UNDERLYING POLICIES UNLESS THEY ARE INCONSISTENT WITH THE TERMS OF THE POLICY. RE: ITB 22-014 Rehabilitation of Water Wells 1 & 2 with the alternates 1-A-4-A, 9-A, 13-A, 21-A and 22-A POLLUTION INCLUDES TRANSPORTATION/AUTOMOBILE POLLUTION COVERAGE. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 119 of 345 WEISINGER INCORPORATED POLICY NO. 5D49341 EFFECTIVE: 06/30/21 to 06/30/22 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS INCLUDING COMPLETED OPERATIONS - PRIMARY AND NONCONTRIBUTORY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): BLANKET ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO THE BODILY INJURY OR PROPERTY DAMAGE Project: Location Of Project: ALL LOCATIONS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of "your work" performed for that additional insured by or for you at the location designated and described in the Schedule of this endorsement. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. C. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG7193.1(10-13) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 Page 120 of 345 WEISINGER INCORPORATED POLICY NO. 5D49341 EFFECTIVE: 06/30/21 to 06/30/22 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION - TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY Section I — Coverage A, Exclusion a. is amended as follows: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. NON -OWNED WATERCRAFT Section I — Coverage A, Exclusion g.(2) is amended as follows: (2) A watercraft you do not own that is: (a) Less than 60 feet long; and (b) Not being used to carry person(s) or property for a charge; C. EXTENDED PROPERTY DAMAGE COVERAGE Section I — Coverage A, Exclusions j.(3) and (4) is amended to add the following: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. SCHEDULE Limits Of Insurance Deductible $5,000 Each Occurrence $250 Per Claim $10,000 Annual Aggregate a. The each occurrence limit listed above is the most we will pay for all damages because of "property damage" to property in the care, custody and control of or property loaned to an insured as the result of any one "occurrence", regardless of the number of: (1) insureds; (2) claims made or "suits" brought; (3) persons or organizations making claims or bringing "suits". The aggregate limit listed above is the most we will pay for all damages because of "property damage" to property in the care custody and control of or property loaned to an insured during the policy period. Any payment we make for damages because of "property damage" to property in the care, custody and control of or property loaned to an insured will apply against the General Aggregate Limit shown in the declarations. b. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount listed above. We may pay any part or all of the deductible amount listed above. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification by us, you will promptly reimburse us for that part of the deductible we paid. c. If two or more coverages apply under one "occurrence", only the highest per claim deductible applicable to these coverages will apply. d. Insurance provided by this provision is excess over any other insurance, whether primary, excess, contingent or any other basis. Since insurance provided by this endorsement is excess, we will have no duty to defend any claim or "suit" to which insurance provided by this endorsement applies if any other insurer has a duty to defend such a claim or "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. D. PROPERTY DAMAGE — ELEVATORS Section I — Coverage A.2. Exclusions paragraphs j.(3), j.(4), j.(6) and k. do not apply to use of elevators. This insurance afforded by this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured and Section IV — Commercial General Liability Conditions Paragraph 4. Other Insurance. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 6 Page 121 of 345 WEISEIGER INCORPORATED POLICY NO. 5D49341 EFFECTIVE: 06/30/21 to 06/30/22 FIRE, LIGHTNING OR EXPLOSION DAMAGE Except where it is used in the term "hostile fire", the word fire includes fire, lightning or explosion wherever it appears in the Coverage Form. Under Section I — Coverage A, the last paragraph (after the exclusions) is replaced with the following: Exclusions c. through n. do not apply to damage by fire, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. F. MEDICAL PAYMENTS If Section I — Coverage C. Medical Payments Coverage is not otherwise excluded from this Coverage Form: The requirement, in the Insuring Agreement of Coverage C., that expenses must be incurred and reported to us within one year of the accident date is changed to three years. G. SUPPLEMENTARY PAYMENTS Supplementary Payments — Coverages A and B Paragraphs 1.b. and 1.d. are replaced by the following: 1.b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. H. SUBSIDIARIES AS INSUREDS Section II — Who Is An Insured is amended to add the following: 1.f. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, insured does not include any subsidiary that is an insured under any other general liability policy, or would have been an insured under such a policy but for termination of that policy or the exhaustion of that y. . BLANKET ADDITIONAL INSUREDS — AS REQUIRED BY CONTRACT e n. ed to include as an additional insured any person(s) or organization(s) subject to provisions in Paragraph 2. below, (hereinafter referred to as additional insured) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy provided that the written contract or agreement is: a. Currently in effect or becomes effective during the policy period; and b. Executed prior to an "occurrence" or offense to which this insurance would apply. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c. Applies only if the person or organization is not specifically named as an additional insured under any other provision of, or endorsement added to, Section II — Who Is An Insured of this policy. 2. As provided herein, the insurance coverage provided to such additional insureds is limited to: a. Any Controlling Interest, but only with respect to their liability arising out of their financial control of you; or premises they own, maintain, or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. b. Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 6 Page 122 of 345 WEISINGER INCORPORATED POLICY NO. 5D49341 EFFECTIVE: 06/30/21 to 06/30/22 This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. c. Any manager or lessor of a premises leased to you, but only with respect to liability arising out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that prem ises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. d. Any state or governmental agency or subdivision or political subdivision, subject to the following: (1) This insurance applies only with respect to the following hazards for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or (b) The construction, erection or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance. (2) This insurance applies only with respect to operations performed by you or on your behalf for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: (a) "Bodily injury', "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard". e. Any vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) The insurance afforded any vendor does not apply to: (a) "Bodily injury" or "property damage" for which any vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that any vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by any vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as any vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at any vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for any vendor; or (g) CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 6 Page 123 of 345 WEISINGER INCORPORATED POLICY NO. 5D49341 EFFECTIVE: 06/30/21 to 06/30/22 (h) "Bodily injury" or "property damage" arising out of the sole negligence of any vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as any vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. f. Any Mortgagee, Assignee Or Receiver, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. Any Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: (1) This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land; (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. h. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). 9• A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. i. Any Owners, Lessees, or Contractors for whom you are performing operations, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 6 Page 124 of 345 WEISINGER INCORPORATED POLICY NO. 5D49341 EFFECTIVE: 06/30/21 to 06/30/22 J• (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Any Grantor of Licenses to you, but only with respect to their liability as grantor of licenses to you. Their status as additional insured under this endorsement ends when: 1. The license granted to you by such person(s) or organization(s) expires; or 2. Your license is terminated or revoked by such person(s) or organization(s) prior to expiration of the license as stipulated by the contract or agreement. k. Any Grantor of Franchise, but only with respect to their liability as grantor of a franchise to you. I. Any Co-owner of Insured Premises, but only with respect to their liability as co- owner of any insured premises. m. Any Concessionaires Trading Under Your Name, but only with respect to their liability as a concessionaire trading under your name. 3. Any insurance provided to any additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the additional insured or its agents, "employees" or any other representative of the additional insured. 4. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: If coverage provided to any additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. J. COVERAGE FOR INJURY TO CO -EMPLOYEES AND/OR YOUR OTHER VOLUNTEER WORKERS Section II — Who is an Insured, Paragraph 2.a. (1) is amended to add the following: e. Paragraphs (a), (b), and (c) do not apply to your "employees" or "volunteer workers" with respect to "bodily injury" to a co -"employee" or other "volunteer worker". Damages owed to an injured co -"employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co - "employee" or "volunteer worker" under any other valid and collectible insurance. K. HEALTH CARE SERVICE PROFESSIONALS AS INSUREDS - INCIDENTAL MALPRACTICE Section II — Who is an Insured, Paragraph 2.a. (1) (d) is amended as follows: This provision does not apply to Nurses, Emergency Medical Technicians, or Paramedics who provide professional health care services on your behalf. However this exception does not apply if you are in the business or occupation of providing any such professional services. L. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section II — Who Is An Insured, Paragraph 3.a. is replaced by the following: 3.a. Coverage under this provision is afforded until the end of the policy period. This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements. M. DAMAGE TO PREMISES RENTED TO YOU Section III — Limits of Insurance, Paragraph 6. is replaced by the following: Subject to 5.a. above, the Damage To Premises Rented To You Limit, or $500,000, whichever is higher, is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 6 Page 125 of 345 WEISINGER INCORPORATED POLICY NO. 5D49341 EFFECTIVE: 06/30/21 to 06/30/22 N. MEDICAL PAYMENTS — INCREASED LIMITS Section III — Limits of Insurance, Paragraph 7. is replaced by the following: 7. Subject to Paragraph 5. above, $10,000 is the Medical Expense Limit we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, unless the amount shown on the Declarations of this Coverage Part for Medical Expense Limit states: (a) No Coverage; or (b) $1,000; or (c) $5,000; or (d) A limit higher than $10,000. O. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Commercial General Liability Conditions Paragraph 2. is amended to add the following: 1. The requirement in Condition 2.a. that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim, applies only when the "occurrence" or offense is known to: (1) You, if you are an individual or a limited liability company; (2) A partner, if you are a partnership; (3) A member or manager, if you are a limited liability company; (4) An "executive officer" or insurance manager, if you are a corporation; or (5) A trustee, if you are a trust. 2. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual or a limited ability company; (2) A partner, if you are a partnership; (3) A member or manager, if you are a limited liability company; (4) An "executive officer" or insurance manager, if you are a corporation; or PRIMARY AND NONCONTRIBUTORY ADDITIONAL INSURED EXTENSION Secuui, I lability Conditions Paragraph 4. Other Insurance is amended to add the following: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, if the additional insured has been added as an additional insured on other policies, whether primary, excess, contingent or on any other basis, this insurance is excess over any other insurance regardless of the written agreement between you and an additional insured. Q. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV — Commercial General Liability Conditions Paragraph 6. Representations is amended to add the following: If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under the Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. AIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — ommercial - - - - - Condition Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products -completed operations hazard". However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. S. MENTAL ANGUISH Section V — Definition 3. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. T. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 6 of 6 Page 126 of 345 WEISINGER INCORPORATED POLICY NO.: 5D49341 EFFECTIVE: 06/30/21 TO 06/30/22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT — AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Form CG7429 (Ed. 11-98) Copyright, Insurance Services Office, Inc., 1984 Page 127 of 345 WEISINGER INCORPORATED POLICY NO. 5D49341 EFFECTIVE: 06/30/21 to 06/30/22 COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US TO PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT This policy is subject to the following additional Conditions: If we cancel this policy by notice to the first Named Insured, for any statutorily permitted reason other than for non- payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to any person(s) or organization(s) with whom you have agreed in a written contract or agreement to provide such person(s) or organization(s) with a notice of cancellation but only if: 1. You have provided the name and address of such person(s) or organization(s) to your authorized agent; and 2. Your authorized agent provides us with that list within three (3) business days from the date we request it from them. If notice is mailed, proof of mailing to the last known mailing address of such person(s) or organization(s) will be sufficient proof of notice. Failure to provide such notice to such person(s) or organization(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us, our agents or our representatives. IL7447.6(10-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 Page 128 of 345 WEISINGER INCORPORATED POLICY NO. 5E49341 EFFECTIVE: 06/30/21 to 06/30/22 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE Section I — Covered Autos Paragraph C. Certain Trailers, Mobile Equipment, and Temporary Substitute Autos is amended by adding the following: If Physical Damage Coverage is provided by this coverage form for an "auto" you own, the Physical Damage Coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of breakdown, repair, servicing, "loss" or destruction. The coverage provided is the same as the co e-pt oviJCJ ILI LI IC �� 1 icIe- .Q4 1.a re laced. . AUTOMATIC ADDITIONAL INSUREDS The Who Is An Insured provision under Cover s Liability Coverage is chap clude the following as an insure 1. Where Required by a Contract or Agreement the following is added: The Who Is An Insured provision contained in the Business Auto Coverage Form is amended to add the following: Any person or organization whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability covered by the terms of this policy, arising out of the use of a covered "auto" you own, hire or borrow and resulting from the acts or omissions by you, any of your "employees" or agents. The insurance provided herein will not exceed: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement, whichever is less. C. EMPLOYEES AS INSUREDS The following is added to the Section II — Covered Autos Liability Coverage, Paragraph A.1. Who Is An Insured provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. EMPLOYEE HIRED AUTOS 1. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: a. Any covered "auto" you lease, hire, rent or borrow; and b. Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section II — Covered Autos Liability Coverage, A.1. Who Is An Insured is amended by adding the following: CA7450(11-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 5 Page 129 of 345 WEISINGER INCORPORATED POLICY NO. 5E49341 EFFECTIVE: 06/30/21 to 06/30/22 Any organization which you acquire or form after the effective date of this policy in which you maintain ownership or majority interest. However: (1) Coverage under this provision is afforded only up to 180 days after you acquire or form the organization, or to the end of the policy period, whichever is earlier. (2) Any organization you acquire or form will not be considered an "insured" if: (a) The organization is a partnership or a joint venture; or (b) That organization is covered under other similar insurance. (3) Coverage under this provision does not apply to any claim for "bodily injury" or "property damage" resulting from an "accident" that occurred before you formed or acquired the organization. F. SUBSIDIARIES AS INSUREDS Section II — Covered Autos Liability Coverage, A.1. Who Is An Insured is amended by adding the following: Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, "insured" does not include any subsidiary that is an "insured" under any other automobile liability policy or was an "insured" under such a policy but for termination of that policy or the exhaustion of the policy's limits of liability. G. SUPPLEMENTARY PAYMENTS Section II — Covered Autos Liability Coverage, A.2.a. Coverage Extensions, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. H. FELLOW EMPLOYEE COVERAGE In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by workers compensation exclusivity rule, or similar protection. The following provision is added: Subparagraph 5. of Paragraph B. Exclusions in Section II — Covered Autos Liability Coverage does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. I. TOWING Section III — Physical Damage Coverage, A.2. Towing is replaced with the following: We will pay for towing and labor costs incurred, subject to the following: a. Up to $100 each time a covered "auto" of the private passenger type is disabled; or b. Up to $500 each time a covered "auto" other than the private passenger type is disabled. However, the labor must be performed at the place of disablement. J LOCKSMITH SERVICES Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto". The deductible is waived for these services. K. TRANSPORTATION EXPENSES Section III — Physical Damage Coverage, A.4. Coverage Extensions Subparagraph a. Transportation Expenses is replaced by the following: (1) We will pay up to $75 per day to a maximum of $2,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expirations, when the covered "auto" is returned to use or we pay for its "loss". (2) If the temporary transportation expenses you incur arise from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of the same like kind and quality as the stolen covered "auto". L. AUDIO, VISUAL, AND DATA ELECTRONIC EQUIPMENT COVERAGE ADDED LIMITS Audio, Visual, And Data Electronic Equipment Coverage Added Limits of $5,000 Per "Loss" are in addition to the sublimit in Paragraph C.1.b. of the Limits Of Insurance provision under Section III — Physical Damage Coverage. M. HIRED AUTO PHYSICAL DAMAGE Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: CA7450(11-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 5 Page 130 of 345 WEISINGER INCORPORATED POLICY NO. 5E49341 EFFECTIVE: 06/30/21 to 06/30/22 If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision coverage is provided for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you hire, subject to the following limit and deductible: (1) The most we will pay for loss to any hired "auto" is the lesser of Actual Cash Value or Cost of Repair, minus the deductible. (2) The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Subject to the above limit and deductible provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will pay up to $1,000, in addition to the limit above, for loss of use of a hired auto to a leasing or rental concern for a monetary loss sustained, provided it results from an "accident" for which you are legally liable. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". N. AUTO LOAN OR LEASE COVERAGE Section III — Physical Damage Coverage Paragraph A.4. Coverage Extensions is amended by the addition of the following: In the event of a total "loss" to a covered "auto" which is covered under this policy for Comprehensive, Specified Cause of Loss, or Collision coverage, we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties, on the lease or loan for a covered "auto", less: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. (3) O. PERSONAL PROPERTY OF OTHERS Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. P. PERSONAL EFFECTS COVERAGE Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for "loss" to your personal effects not otherwise covered in the policy or, if you are an individual, the personal effects of a family member, that is in the covered auto at the time of the "loss". For the purposes of this extension personal effects means tangible property that is worn or carried by an insured including portable audio, visual, or electronic devices. Personal effects does not include tools, jewelry, guns, money and securities, or musical instruments Q. EXTRA EXPENSE FOR STOLEN AUTO Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $1,000 for the expense incurred returning a stolen covered "auto" to you because of the total theft of such covered "auto". Coverage applies only to those covered "autos" for which you carry Comprehensive or Specified Causes Of Loss Coverage. R. RENTAL REIMBURSEMENT Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: 1. This coverage applies only to a covered "auto" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days. CA7450(11-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 5 Page 131 of 345 WEISINGER INCORPORATED POLICY NO. 5E49341 EFFECTIVE: 06/30/21 to 06/30/22 a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred; or b. $75 per day, subject to a $2,250 limit. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage — Transportation Expense Coverage Extension included in this endorsement. 7. Coverage provided by this extension is excess over any other collectible insurance and/or endorsement to this policy. S. AIRBAG COVERAGE Section III — Physical Damage Coverage, B.3.a. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. T. NEW VEHICLE REPLACEMENT COST The following is added to Paragraph C. Limit Of Insurance of Section III — Physical Damage Coverage In the event of a total "loss" to your new covered auto of the private passenger type or vehicle having a gross vehicle weight of 20,000 pounds or less, to which this coverage applies, we will pay at your option: a. The verifiable new vehicle purchase price you paid for your damaged vehicle, not including any insurance or warranties. b. The purchase price, as negotiated by us, of a new vehicle of the same make, model, and equipment, or most similar model available, not including any furnishings, parts, or equipment not installed by the manufacturer or their dealership. c. The market value of your damaged vehicle, not including any furnishings, parts, or equipment not installed by the manufacturer or their dealership. We will not pay for initiation or set up costs associated with a loans or leases. For the purposes of this coverage extension a new covered auto is defined as an "auto" of which you are the original owner that has not been previously titled which you purchased less than 180 days prior to the date of loss. U. LOSS TO TWO OR MORE COVERED AUTOS FROM ONE ACCIDENT Section III — Physical Damage Coverage, D. Deductible is amended by adding the following: If a Comprehensive, Specified Causes of Loss or Collision Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident". If the application of the highest deductible is less favorable or more restrictive to the insured than the separate deductibles as applied in the standard form, the standard deductibles will apply. This provision only applies if you carry Comprehensive, Collision or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. V. WAIVER OF DEDUCTIBLE — GLASS REPAIR OR REPLACEMENT Section III — Physical Damage Coverage, D. Deductible is amended by adding the following: If a Comprehensive Coverage deductible is shown in the Declarations it does not apply to the cost of repairing or replacing damaged glass. W. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS Section IV — Business Auto Conditions, A.2. Duties In The Event Of Accident, Claim, Suit Or Loss is amended by adding the following: Your obligation to notify us promptly of an "accident", claim, "suit" or "loss" is satisfied if you send us the required notice as soon as practicable after your Insurance Administrator or anyone else designated by you to be responsible for insurance matters is notified, or in any manner made aware, of an "accident", claim, "suit" . " WAIVER OF TRANSFER OF RIGHTS OF RECOVERY rash 5. of Paragraph A. Loss Co of Section I — : usiness u o onditions is deleted in its entirety and replaced with the following. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. CA7450(11-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 5 Page 132 of 345 WEISINGER INCORPORATED POLICY NO. 5E49341 EFFECTIVE: 06/30/21 to 06/30/22 However, we waive any right of recovery we may have against any person, or organization with whom you have a written contract, agreement or permit executed prior to the "loss" that requires a waiver of recovery for payments made for damages arising out of your operations done under contract with such person or organization. Y. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV — Business Auto Conditions, B.2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: If you unintentionally fail to disclose any exposures existing at the inception date of this policy, we will not deny coverage under this Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. Z. MENTAL ANGUISH Section V — Definitions, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. AA. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CA7450(11-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 5 Page 133 of 345 WEISINGER INCORPORATED POLICY NO. 5E49341 EFFECTIVE: 06/30/21 to 06/30/22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL INTERLINE NOTICE OF CANCELLATION PROVIDED BY US TO PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT This policy is subject to the following additional Conditions: If we cancel this policy by notice to the first Named Insured, for any statutorily permitted reason other than for non- payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to any person(s) or organization(s) with whom you have agreed in a written contract or agreement to provide such person(s) or organization(s) with a notice of cancellation but only if: 1. You have provided the name and address of such person(s) or organization(s) to your authorized agent; and 2. Your authorized agent provides us with that list within three (3) business days from the date we request it from them. If notice is mailed, proof of mailing to the last known mailing address of such person(s) or organization(s) will be sufficient proof of notice. Failure to provide such notice to such person(s) or organization(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us, our agents or our representatives. IL7447.6(10-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 Page 134 of 345 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 6/30/21 Insured WEISINGER INC Policy No. 0196-53218 Endorsement No. Premium Countersigned by Insurance Company BRIDGEFIELD CASUALTY INSURANCE COMPANY WC 42 03 04 B (Ed. 6-14) © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Page 135 of 345 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 1-94) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: (*) 30 2. Notice will be mailed to: BLANKET AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO BODILY INJURY OR PROPERTY DAMAGE *10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 6/30/21 Effective Policy No. 0196-53218 Endorsement No. Insured WEISINGER INC. Premium Insurance Company Countersigned by BRIDGEFIELD CASUALTY INSURANCE COMPANY WC 42 06 01 (Ed. 1-94) Page 136 of 345 EXHIBIT D PLANS AND SPECIFICATIONS Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 137 of 345 EXHIBIT E CONSTRUCTION SCHEDULE Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 138 of 345 City of College Station ITB 22-014 Rehabilitation of Water Wells 12 Bid Opening November 16, 2021 at 2:00 p.m. CST QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE BASE BID ITEMS A. GENERAL - WATER WELL NO. 1 & WATER WELL NO. 2 A-1 A-2 A-3 1 1 1 LS LS LS Water Well No 1. - Contractor mobilization and demobilization and delivery of service rig and all equipment, materials and personnel to and from Contractor office / yard, subcontractors and job site, including bonds, insurance, etc. Complete as specified. Provide performance and payment bonds for Water Well No. 1 Rework. Water Well No 2. - Contractor mobilization and demobilization and delivery of service rig and all equipment, materials and personnel to and from Contractor office / yard, subcontractors and job site, including bonds, insurance, etc. Complete as specified. $ 16,200.00 $ 16,200.00 $ 5,000.00 $ 5,000.00 $ 16,200.00 $ 16,200.00 A-4 1 LS Provide performance and payment bonds for $ 5,000.00 $ 5,000.00 Water Well No. 2 Rework. I B. WATER WELL NO. 1 SUBTOTAL: A. GENERAL $ 42,400.00 B-1 1 LS Remove and inspect existing well motor, well discharge head, pump column assembly (500 feet) and pump bowl, and provide written inspection reports, Complete as specified 10,000.00 $ 10,000.00 Bail oil from the well and dispose of properly. Perform a well video survey of entire well depth B-2 3 EA interval and provide acceptable electronic copies, $ 2,000.00 $ 6,000.00 selected video images and written report of each video survey, Complete as specified. Furnish, install and remove appropriately sized steel tank(s) and temporary leak -proof discharge piping to convey water to discharge point at the B-3 1 LS well site during pumping, jetting or testing $ 1,000.00 $ 1,000.00 operations, plus restore land surface and grass to as good or better condition that existed prior to work, Complete as specified. B-4 40 HR B-5 30 HR B-6 1 LS Perform mechanical cleaning (wire brushing) of the 9-inch well screens, 2,530 to 2,960 feet, 384 $ feet of screen, Complete as specified. Jet out and remove the fill material and sediment from the bottom of the well, Complete as specified. Perform chlorine treatment of 9-inch well screens by inserting and agitating chlorine into 9-inch screens, 2,530 to 2,960 feet, 384 feet of screen, and jet out and neutralize chlorinated water from the well prior to discharge, Complete as specified. Perform acid treatment of 9-inch well screens using injection and agitation with a double disk surge block agitator with 15% Hydrochloric Acid with 1.5% QC-21, Napco 224 or Nu Well-310 liquid enhancer or approved equal and 2 pounds B-7 1 LS of Rodine 103 acid corrosion inhibitor or approved equal per 1,000 gallons of acid (all non- toxic for potable wells), 9-inch screen interval 2,530 to 2,960 feet, 384 feet of screen, 1,950 gallons of HCL acid at minimum 5.0 gallons per foot of 9-inch screen, Complete as specified. B-8 30 HR B-9 1 LS Perform airlift pumping, agitation with double disk surge block agitator, and neutralization of chemicals following chemical treatment, Complete as specified. Perform sonar jetting of 9-inch screen interval 2,530 to 2,960 feet, Complete as specified. 215.00 $ 8,600.00 230.00 $ 6,900.00 6,000.00 $ 6,000.00 7,500.00 $ 7,500.00 230.00 $ 6,900.00 5,000.00 $ 5,000.00 Page 1 of 7 Page 139 of 345 City of College Station ITB 22-014 Rehabilitation of Water Wells 12 Bid Opening November 16, 2021 at 2:00 p.m. CST ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE B-10 1 LS B-11 25 B-12 1 20-Foot Section 10-Foot Section Furnish new vertical turbine, line shaft, permanent pump bowl with design conditions of 2,900 gpm at 495 feet of total dynamic head (TDH) with stainless steel pump bowl shaft and bowl coupling with stainless steel collets and wear rings with new 12-inch pump suction pipe (length of 10 feet or less) and new stainless steel cone strainer, Complete as specified. Furnish 20-foot section of new 12-inch diameter ( 0.375-inch wall thickness) threaded column pipe, 2-3/16-inch diameter line shaft, 3-1/2-inch $ diameter oil tubing, bearings and couplings, Complete as specified. Furnish 10-foot section of new 12-inch diameter (0.375-inch wall thickness) threaded column pipe, 2-3/16-inch diameter line shaft, 3-1/2-inch $ diameter oil tubing, bearings and couplings, Complete as specified. 30,000.00 $ 30,000.00 3,300.00 $ 82,500.00 1,900.00 $ 1,900.00 Furnish 10-foot section of new 12-inch diameter 10-Foot (0.375-inch wall thickness) top special threaded 6-13 1 column pipe, 2-3/16-inch diameter line shaft, 3- $ 2,700.00 $ 2,700.00 Section 1/2-inch diameter oil tubing, bearings and couplings. Complete as specified. Furnish and install a new 2-3/16-inch x 3-1/2-inch B-14 1 LS tension bearing, nut and plate assembly, $ 1,970.00 $ 1,970.00 Complete as specified. Furnish new rubber tube stabilizer for 12-inch B-15 26 EA diameter column pipe and 3-1/2-inch diameter oil $ 18.00 $ 468.00 tubing. Complete as specified. Furnish 1/4-inch stainless steel PVC -wrapped B-16 520 FT airline and oil -filled pressure gauge, with all $ 2.20 $ 1,144.00 strapping material and fittings, Complete as specified. B-17 520 FT Furnish 1-1/4-inch PVC water -level measuring $ 2.75 $ 1,430.00 pipe, Complete as specified. Sandblast, steam clean, prime and paint B-18 1 LS (approved color) the existing fabricated steel $ 500.00 $ 500.00 discharge head, Complete as specified. Recondition the existing 500 Hp electric well motor, including: electric motor inspection; steam clean, dip and bake the stator; rewind the motor stator (if needed and approved); lathe check the motor; replace the bearings; balance the motor; replace the sight glass, oil and B-19 1 LS heaters; assemble and test the motor at full $ 14,000.00 $ 14,000.00 voltage; include any and all required machine work; install a new combination drive shaft and gib keys; steam clean or sand blast, prime and paint the motor with a paint and paint color acceptable to the OWNER; and install the motor and make it operational, Complete as specified. B-20 1 LS B-21 1 LS B-22 1 LS B-23 1 LS Install permanent pump bowl at 520 feet, pump column assembly, airline, water -level pipe, well discharge head and electric motor and make all $ pump and motor equipment operational, Complete as specified. Chlorinate and disinfect the well pump and well and perform bacteriological sampling and analyses (require 3 negative bacteriological samples), Complete as specified. Perform well, pump and motor performance test with vibration test of the existing well pump to determine baseline pump performance and provide written report, Complete as specified Perform well, pump and motor performance test with vibration test on rehabilitated pump assembly and provide written report, Complete as specified. 10,000.00 $ 10,000.00 1,200.00 $ 1,200.00 650.00 $ 650.00 900.00 $ 900. 00 Page 2 of 7 Page 140 of 345 City of College Station ITB 22-014 Rehabilitation of Water Wells 12 Bid Opening November 16, 2021 at 2:00 p.m. CST ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE Well site restoration to restore land surface and grass to as good or better condition than existed B-24 1 LS prior to work, Provide pre -construction video of $ the site and adjacent properties, Complete as specified. Salvage value (credit) for the existing well pump 200.00 $ 200.00 B-25 1 LS and column assembly when replaced with new $ (2,425.00) $ (2,425.00) equipment SUBTOTAL: B. WATER WELL NO. 1 $ 205,037.00 C. WATER WELL NO. 2 C-1 1 LS Remove and inspect existing well motor, well discharge head, pump column assembly (564 feet) and pump bowl, and provide written inspection reports, Complete as specified 10,000.00 $ 10,000.00 Bail oil from the well and dispose of properly. Perform a well video survey of entire well depth C-2 3 EA interval and provide acceptable electronic copies, $ 2,000.00 $ 6,000.00 selected video images and written report of each video survey, Complete as specified. Furnish, install and remove appropriately sized steel tank(s) and temporary leak -proof discharge piping to convey water to discharge point at the C-3 1 LS well site during pumping, jetting or testing $ 1,000.00 $ 1,000.00 operations, plus restore land surface and grass to as good or better condition that existed prior to work, Complete as specified. C-4 40 HR C-5 30 HR C-6 1 LS Perform mechanical cleaning (wire brushing) of the 9-inch well screens, est. 2,500 to 2,965 feet, $ 390 feet of screen, Complete as specified. Jet out and remove the fill material and sediment from the bottom of the well, Complete as specified. Perform chlorine treatment of 9-inch well screens by inserting and agitating chlorine into 9-inch screens, est. 2,500 to 2,965 feet, 390 feet of screen, and jet out and neutralize chlorinated water from the well prior to discharge, Complete as specified. Perform acid treatment of 9-inch well screens using injection and agitation with a double disk surge block agitator with 15% Hydrochloric Acid with 1.5% QC-21, Napco 224 or Nu Well-310 liquid enhancer or approved equal and 2 pounds C-7 1 LS of Rodine 103 acid corrosion inhibitor or approved equal per 1,000 gallons of acid (all non- toxic for potable wells), 9-inch screen interval est. 2,500 to 2,965 feet, 390 feet of screen, 1,950 gallons of HCL acid at minimum 5.0 gallons per foot of 9-inch screen, Complete as specified. C-8 30 HR C-9 1 LS C-10 1 LS C-11 24 20-Foot Section Perform airlift pumping, agitation with double disk surge block agitator, and neutralization of chemicals following chemical treatment, Complete as specified. Perform sonar jetting of 9-inch screen interval est. 2,500 to 2,965 feet, Complete as specified. Furnish new vertical turbine, line shaft, permanent pump bowl with design conditions of 2,700 gpm at 455 feet of total dynamic head (TDH) with stainless steel pump bowl shaft and bowl coupling with stainless steel collets and wear rings with new 12-inch pump suction pipe (length of 10 feet or less) and new stainless steel cone strainer, Complete as specified. Furnish 20-foot section of new 12-inch diameter ( 0.375-inch wall thickness) threaded column pipe, 2-3/16-inch diameter line shaft, 3-1/2-inch $ diameter oil tubing, bearings and couplings, Complete as specified. 215.00 $ 8,600.00 230.00 $ 6,900.00 6,000.00 $ 6,000.00 7,500.00 $ 7,500.00 230.00 $ 6,900.00 5,000.00 $ 5,000.00 30,000.00 $ 30,000.00 3,300.00 $ 79,200.00 Page 3 of 7 Page 141 of 345 City of College Station ITB 22-014 Rehabilitation of Water Wells 12 Bid Opening November 16, 2021 at 2:00 p.m. CST ITEM CITY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE C-12 1 10-Foot Section Furnish 10-foot section of new 12-inch diameter (0.375-inch wall thickness) threaded column pipe, 2-3/16-inch diameter line shaft, 3-1/2-inch $ diameter oil tubing, bearings and couplings, Complete as specified. 1,900.00 $ 1,900.00 Furnish 10-foot section of new 12-inch diameter 10-Foot (0.375-inch wall thickness) top special threaded C-13 1 column pipe, 2-3/16-inch diameter line shaft, 3- $ 2,700.00 $ 2,700.00 Section 1/2-inch diameter oil tubing, bearings and couplings. Complete as specified. Furnish and install a new 2-3/16-inch x 3-1/2-inch C-14 1 LS tension bearing, nut and plate assembly, $ 1,970.00 $ 1,970.00 Complete as specified. Furnish new rubber tube stabilizer for 12-inch C-15 25 EA diameter column pipe and 3-1/2-inch diameter oil $ 18.00 $ 450.00 tubing, Complete as specified. Furnish 1/4-inch stainless steel PVC -wrapped airline and oil -filled pressure gauge, with at C-16 500 FT $ 2.20 $ 1,100.00 strapping material and fittings, Complete as specified. C-17 500 FT Furnish 1-1/4-inch PVC water -level measuring $ 2.75 $ 1,375.00 pipe, Complete as specified. Sandblast, steam clean, prime and paint C-18 1 LS (approved color) the existing fabricated steel $ 500.00 $ 500.00 discharge head, Complete as specified. Recondition the existing 400 Hp electric well motor, including: electric motor inspection; steam clean, dip and bake the stator; rewind the motor stator (if needed and approved); lathe check the motor; replace the bearings; balance the motor; replace the sight glass, oil and C-19 1 LS heaters; assemble and test the motor at full $ 11,000.00 $ 11,000.00 voltage; include any and all required machine work; install a new combination drive shaft and gib keys; steam clean or sand blast, prime and paint the motor with a paint and paint color acceptable to the OWNER; and install the motor and make it operational, Complete as specified. Install permanent pump bowl at 520 feet, pump column assembly, airline, water -level pipe, well C-20 1 LS discharge head and electric motor and make all $ 10,000.00 $ 10,000.00 pump and motor equipment operational, Complete as specified. C-21 1 LS C-22 1 LS Chlorinate and disinfect the well pump and well and perform bacteriological sampling and analyses (require 3 negative bacteriological samples), Complete as specified. Perform well, pump and motor performance test with vibration test of the existing well pump to determine baseline pump performance and provide written report, Complete as specified 1,200.00 $ 1,200.00 650.00 $ 650.00 Perform well, pump and motor performance test C-23 1 LS with vibration test and provide written report, $ 900.00 $ 900.00 Complete as specified. Well site restoration to restore land surface and grass to as good or better condition than existed C-24 1 LS prior to work, Provide pre -construction video of $ 200.00 $ 200.00 the site and adjacent properties, Complete as specified. Salvage value (credit) for the existing well pump C-25 1 LS and column assembly when replaced with new $ (2,425.00) $ (2,425.00) equipment SUBTOTAL: C. WATER WELL NO. 2 TOTAL BASE BID AMOUNT (Subtotals A. + B. + C.) 198,620.00 446,057.00 Page 4 of 7 Page 142 of 345 City of College Station ITB 22-014 Rehabilitation of Water Wells 12 Bid Opening November 16, 2021 at 2:00 p.m. CST ITEM QTY UNIT DESCRIPTION UNIT PRICE ADDITIVE ALTERNATE BID ITEMS WATER WELL NO. 1 ALTERNATES OR WATER WELL NO. 2 ALTERNATES Contractor service rig, equipment & personnel 1-A 10 HR rate, Complete, for time for additional work $310.00 $ approved by the Owner for this project. 15% Hydrochloric Acid and specified additives for 1-A 50 GALS acid volume more or less than specified in Item $2.50 $ No. B-7 or C-7, Complete as specified. Sound the depth of the gravel pack outside the 2-A 1 LS top of the existing 9-inch blank liner, Complete as $200.00 $ specified. If needed and approved, add gravel pack outside 3-A 15 FT3 the top of the existing 9-inch blank liner, $15.00 $ Complete as specified. Perform specified, well specific capacity check 4-A 4 HR test of well with the specified materials and $310.00 $ equipment and provide written testing records and data, Complete as specified. Furnish, install and remove min. 1,000 gpm 5-A 1 LS temporary test pump bowl, testing equipment $21,000.00 $ and materials, Complete as specified. Perform specified, well pumping test with the 6-A 8 HR temporary test pump bowl, equipment and $310.00 $ materials and provide written testing records and data, Complete as specified. TOTAL PRICE 3,100.00 125.00 200.00 225.00 1,240.00 21,000.00 2,480.00 SUBTOTAL: WATER WELL NO. 1 ALTERNATES OR WATER WELL NO. 2 ALTERNATES $ 28,370.00 WATER WELL NO. 1 ALTERNATES 7-A 1 EA 8-A 1 EA Furnish and install new cast iron pump bowl stage to meet final pump design conditions that are different than specified in Bid Item No. B-10 or C-10. Complete as specified Furnish and install new ductile iron pump bowl stage to meet final pump design conditions that are different than specified in Bid Item No. B-10 or C-10, Complete as specified 3,400.00 $ 3,800.00 $ 3,400.00 3,800.00 Machine holes in the existing well discharge head 9-A 1 LS for the airline, water -level measuring pipe and $ 500.00 $ 500.00 any other accessories, Complete as specified. Furnish and install new fabricated steel discharge head with 4 lifting lugs and correct discharge sized for well and machined holes for airline, PVC 10-A 1 LS pipe and any other accessories, plus a short $ 9,800.00 $ 9,800.00 section of new discharge piping, expansion joint and/or flange(s) to connect the new head and existing piping, if needed, Complete as specified. 11-A 1 LS Furnish new vertical turbine, line shaft, permanent pump bowl with design conditions of 3,000 gpm at 470 feet of total dynamic head (TDH) with stainless steel pump bowl shaft and bowl coupling with stainless steel collets and wear rings with new 12-inch pump suction pipe (length of 10 feet or less) and new stainless steel cone strainer, Complete as specified. 32,000.00 $ 32,000.00 Page 5 of 7 Page 143 of 345 City of College Station ITB 22-014 Rehabilitation of Water Wells 12 Bid Opening November 16, 2021 at 2:00 p.m. CST ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 12-A 1 LS 13-A 1 LS 14-A 1 LS 15-A 1 LS Furnish and install new 400 Hp, WP-I, 1,770 rpm, 460 volt, 3-phase premium efficient electric motor with new combination motor drive shaft and new head shaft nut and gib keys, and any necessary electrical connections, Complete as specified. Furnish and install new 500 Hp, WP-I, 1,770 rpm, 460 volt, 3-phase premium efficient electric motor with new combination motor drive shaft and new head shaft nut and gib keys, and any necessary electrical connections, Complete as specified. Furnish and install new 600 Hp, WP-I, 1,770 rpm, 460 volt, 3-phase premium efficient electric motor with new combination motor drive shaft and new head shaft nut and gib keys, and any necessary electrical connections, Complete as specified. Furnish and install a new lubricator with 7-gallon capacity reservoir, immersion heater and thermostat, solenoid and flow -regulating valve, Complete as specified. 90,000.00 $ 90,000.00 100,000.00 $ 100,000.00 127,000.00 $ 127,000.00 2,400.00 $ 2,400.00 Furnish and install a new immersion heater and 16-A 1 LS thermostat in the existing lubricator, Complete as $ 1,000.00 $ 1,000.00 specified. SUBTOTAL: WATER WELL NO. 1 ALTERNATES $ 369,900.00 WATER WELL NO. 2 ALTERNATES 17-A 1 EA 18-A 1 EA Furnish and install new cast iron pump bowl stage to meet final pump design conditions that are different than specified in Bid Item No. C-10, Complete as specified Furnish and install new ductile iron pump bowl stage to meet final pump design conditions that are different than specified in Bid Item No. C-10, Complete as specified 3,400.00 $ 3,400.00 3,800.00 $ 3,800.00 Machine holes in the existing well discharge head 19-A 1 LS for the airline, water -level measuring pipe and $ 500.00 $ 500.00 any other accessories, Complete as specified. Furnish and install new fabricated steel discharge head with 4 lifting lugs and correct discharge sized for well and machined holes for airline, PVC 20-A 1 LS pipe and any other accessories, plus a short $ 9,800.00 $ 9,800.00 section of new discharge piping, expansion joint and/or flange(s) to connect the new head and existing piping, if needed, Complete as specified. 21-A 1 LS Furnish new vertical turbine, line shaft, permanent pump bowl with design conditions of 3,000 gpm at 470 feet of total dynamic head (TDH) with stainless steel pump bowl shaft and bowl coupling with stainless steel collets and wear rings with new 12-inch pump suction pipe (length of 10 feet or less) and new stainless steel cone strainer, Complete as specified. Furnish and install new 400 Hp, WP-I, 1,770 rpm, 460 volt, 3-phase premium efficient electric 22-A 1 LS motor with new combination motor drive shaft $ 90,000.00 $ 90,000.00 and new head shaft nut and gib keys, and any necessary electrical connections, Complete as specified. Furnish and install new 500 Hp, WP-I, 1,770 rpm, 460 volt, 3-phase premium efficient electric 23-A 1 LS motor with new combination motor drive shaft $ 100,000.00 $ 100,000.00 and new head shaft nut and gib keys, and any necessary electrical connections, Complete as specified. Furnish and install a new lubricator with 7-gallon 24-A 1 LS capacity reservoir, immersion heater and $ 2,400.00 $ 2,400.00 thermostat, solenoid and flow -regulating valve, Complete as specified. Furnish and install a new immersion heater and 25-A 1 LS thermostat in the existing lubricator, Complete as $ 1,000.00 $ 1,000.00 specified. 32,000.00 $ 32,000.00 Page 6 of 7 Page 144 of 345 City of College Station ITB 22-014 Rehabilitation of Water Wells 12 Bid Opening November 16, 2021 at 2:00 p.m. CST ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE SUBTOTAL: WATER WELL NO. 2 ALTERNATES $ 242,900.00 Page 7 of 7 Page 145 of 345 EXHIBIT F SCHEDULE OF VALUES Contract No. 22300171 Construction Agreement Over $50,000 Form 05-26-2021 Page 146 of 345 ALSAY INC. C & C WATER SERVICES HYDRO RESOURCES WEISINGER ITEM QTY UNEI DESCRIPTION UNIT PRICE TOTAL PRIC UNIT PRI, F. TOTAL PRIC UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE BASF; RID 1I LWS A. GENERAL - WATER WELL NO. 1 & WATER WELL NO. 2 Water Well Na 1 - Contractor mobdimnon and demobilization and delivery of service rig and all equipment, materials and personnel to and from A -I I LS Contractor office/ yard, subcontractors and lob site, including bonds, insurance, etc Complete as specified. Provide performance and payment bonds for Water Well No. 1 Rework A-2 1 LS $ 12,10000 $ 9,790 00 $12,10000 $ 9,790 00 $ 5,500 00 $ 8,800 00 $ 5,500 00 $ 8,800 00 $ 57,500 00 $ 12,500 00 $ 57,500.00 $12,500.00 $ 16,200 00 $ 16,200 00 $ 5,000.00 $ 5,000.00 Water Well No 2 - Contractor mobilization and demobilization and delivery of service rig and an equipment, materials and personnel to and from Contractor office / yard subcontractors and lob A-3 I LSs ineWdmg bonds, insurance, etc Complete as $ 12,100 00 $ 12,100 00 $ 5,500 00 5 5,500 00 S 57.500 00 $ 57,500.00 $ 16,200 00 $ 16,200 00 specified. Provide performance and payment bonds for AL 1 LS Water Well No 2 Rework. $ 9,570 00 S 9,570 00 $ 10,800.00 $ 10.800 00 S 12,500 00 $ 12,500.00 $ 5,000.00 $ 5,000.00 SUBTOTAL: A. GENERAL I$ 43,560.00 IS 30,600.00 I$ 140,000.00 IS 42,400.00 B. WATER WELL NO. 1 B-1 1 LS Remove and inspect existing well motor, well S 10,500 00 $ 10,500 00 $ 7,800 00 $ 7,800 00 S 75,000 00 $ 75,000,00 $ 10,000,00 $ 10,000 00 discharge head, pump column assembly (500 feet) and pump bowl, and prowde written mspecnon reports, Complete as specified B-2 3 EA Bad m1 from the well and dispose of properly. Perform a well video survey of enure well depth traerval and provide acceptable electronic copies, selected video images and written report of each video survey, Complete as specified $ 1,500.00 $ 4,500 00 $ 1,400.00 $ 4,200.00 $ 5,000 00 $ 15,000.00 $ 2,000.00 $ 6,000.00 Furnish, install and remove appropriately sized steel tank(s) and temporary leak- proof discharge piping to convey water to discharge point at the wen srte during pumping, jetting or testing B-3 1 LS operations, plus restore land surface and grass to $ 1,500.00 $ 1,500.00 $ 250.00 $ 250.00 $ 50,000.00 $ 50,000.00 $ 1,000.00 $ 1,000.00 as good or better condition that erot d prior to work Complete as specified. Perform mechanical cleaning (cone bmslung) of the 9-inch well screens, 2,530 to 2,960 feet, 384 B-4 40 HR feet of screen, Complete as specified. let out and remove the fill material and sediment' from the bottom of the well, Complete as B-5 30 HR speritied N-r, I LS Perform chlorine treatment of 9-inch well screens by inserting and agitating chlorine inb 9- inch screens, 2,530 to 2,960 feet, 384 feet of and Jet out and neutralize chlorinated water from the well prior to discharge, Complete as specified $ 250.00 $ 10,000.00 $ 250.00 $ 1(1-1100 00 $ 700.00 $ 28,000.00 $ 215.00 $ 8,600.00 $ 300 00 $ 9,000 00 $ 285 00 $ 8,550110 $ 700 00 $ 21,000.00 $ 230.00 $ 6,900.00 $ 8,000 00 ALSAS INC. $ 8,000 00 $ 15,000.00 C & C WATER I0VICES $ 15.00000 IllORO RESOURCES $10,000.00 $ 6,000.00 $ 6,000.00 WEIS &GER -rr DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRIC- MINIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 11-7 1 LS B-8 30 HR Perform acid treatment of 9-inch well screens using injection and agitation with a double disk surge block agitator with 15%Hydrochloric Acid .th 1.5%QC- 21, Napco 224 or Nu Well-310 Itgmd enhancer or approved equal and 2 pounds of Rodme 103 acid corrosion inhibitor or approved equal per 1,000 gallons of acid (all non toxic for potable wens), 9-inch screen interval 2,530 to 2,960 fur, 384 feet of screen, 1,950 gallons of HCL acid at mmhnum 5.0 gallons per foot of 9- inch screen, Complete as specified Perform abl,R pumping, agim0on with double disk surge block agitator, and neutralization of chemicals following chemical treamment, Complete as specified S 20,500.00 $ 20,500 00 $ 2,3,000.00 $ 24,000 00 S 10,000 00 $10,000.00 $ 7,500.00 $ 7,500.00 $ 300 00 S 9,000 00 Perform sonarjetong of 9-inch screen interval 2,530 to 2,960 feet, Complete as specified B-9 1 LS $ 30,000.00 $ 30,000.00 Furnish new vertical turbine, hue shaft, permanent pump bowl with design conditions of 2,900 gpm at 495 feet of total dynamic head (TDH) with stainless steel pump bowl shaft and bowl couphng with stainless steel comets and B-10 1 LS wear rings with new 12-inch pump suction pipe (length of 10 feet or less) and new rimless steel cone shamer, Complete as specified. 20-Foot Furnish 20-foot section of new 12-meh diameter Section (0.375-inch wall thickness) threaded column Bit 25 p0e, 2-3/16-inch diameter hie shag 3-1/2-inch diameter oil tubing, bearings and couplings, Complete as spemfwd. B-l2 1 10-Foot Furnish 10-foot section of new 12-inch diameter Section (0 375-inch wall thickness) threaded column pie, 2-3/16-inch diameter Imo shaft, 3-1C2-mch diameter oil mbmg, bearmgs and couplmgs, Complete as specified $ 35,091 00 $ 35,091 00 $ 250 00 $ 7,500.00 3 700 00 $ 21,000.00 $ 230.00 $ 6,900.00 $ 8,500.00 $ 8,500.00 $ 10,000.00 $10,000.00 $ 5,000.00 $ 5,000.00 $ 24,990.00 $ 24,990 00 $ 70,000.00 $ 70,000.00 $ 30,000.00 $ 30,000.00 $ 3,787 00 $ 94,675 00 $ 3,400 00 $ 85,000 00 $ 1,400 00 $ 35,000.00 $ 3,300.00 $ 82,500 00 $ 2,135 00 $ 2,135 00 $ 1,900 00 $ 1,900 00 $ 2,500 00 $ 2,500 00 $ 1,900.00 $ 1,900.00 Page 147 of 345 Furnish 10-foot section of new 12-mch diameter (0.375-inch wall !holiness) top special threaded column rime, 2-3/16- inch diameter line shaft, 3- 10-Foot l/2-inch diameter oil tubing bearings and B 13 1 Section couplmgq Complete as specified. $ 2,576.00 $ 2,576 00 $ 2,300.00 $ 2,300.00 $ 1,500 00 $ 1,500 00 $ 2,700.00 $ 2,700.00 Furnish and install a new 2-3/16-mch x 3- 1/2- inch tension bearing, nut and plate assembly, B-14 I LS Complete as specfed $ 975 00 $ 975.00 $ 2,100 00 $ 2,100 00 $ 2,500 00 $ 2,500 00 $ 1,970.00 $ 1,970.00 B-15 26 EA Funmsh new rubber tube stabilizer for 12- inch $ 21 00 $ 546.00 $ 20 00 $ 520.00 $ 70 00 $1,820 00 $ 1800 $ 468.00 diameter column pipe and 3-1/2-mch remoter or nbag, Complete as specified Furnish l/4-mch stemless steel PVC- wrapped ahhoe and oil -filled pressure gauge, with all B-16 520 FT strapping material and Bungs, Complete as $ 3.00 $ 1,560 00 $ 2.00 $ 1,040 00 $ 30 00 $ 15,600.00 $ 2 20 $ 1,144.00 specified. B-Il 520 FT Furnish l-1/4-soh PVC water -level measuring $1.00 $520.00 $220 $1,14400 $600 $3,12000 $275 $1,430.00 pipe, Complete as specified B-18 1 LS Sandblast, steam clean, prime and paint (approved color) the existingfabneated steel discharge head, Complete as speefied. $ 750.00 ALSn1'INC. $ 750.00 $ 600.00 C & C WATER g !RVICES $ 600 00 $ 2,500.00 HYDRO RESOILCES $ 2,500.00 $ 500.00 $ 500.00 W9.1 SINGER Q1 DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE (\II PI<If 1 TOTAL PRICE UNIT PRICE TOTAL PRICE B-19 1 IS Recondition the emstmg 500 Hp eketnc well motor,sanding. electric motor inspection; steam clean, dip and bake the stator; reword the motor stator (if needed and approved); lathe check the motor; replace the Mumps, balance the motor; replace the sight glass, oil and heaters, assemble and test the motor at full voltage, include any and all required machine work, install a new combination drive shaft and gib keys, steam clean or sand blast, prune and past the motor sok a pant aid paint color acceptable to the OWNER, and install the motor and make n operational, Complete as specified $ 29,500 00 $ 29,500 00 $ 22,500 00 $ 22,500 00 $ 25,000 00 $ 25,000.00 $ 14,000 00 $ 14,000 00 1 LS Install permanent pump bowl at 520 feet, pump $ 10,500.00 $ 10,500.00 $ 8,700.00 $ 8,700.00 $ 40,000.00 $ 40,000.00 $ 10,000.00 $ 10,000.00 column assembly, mime, water- level pipe, well discharge head and electric motor and make all pump and motor equipment operational, Complete as specified Chlorinate and dtamfect the well pomp and well and perform bacteriological samphng and analyses (requee 3 negative bacteriological B-21 1 LS samples), Complete as specified $ 900 00 $ 900.00 $750 00 $ 750.00 $ 10,000 00 $ 10,000.00 $ 1,200.00 $ 1,200.00 Perform well, pump and motor performance test with vibration test of the existing well pump to determine baseline pump performance and B-22 I LS provide written report, Complete as specified $ 75000 $ 750.00 $ 750 00 $ 750.00 $ 13,000 00 $13,000.00 $ 650 00 $ 650.00 Perform well, pump and motor perfomtasce test with vibration test on rehabilitated pump assembly and provide written report, Complete B-23 I LS as spccificd. $ 750.00 $ 750.00 $ 300.00 $ 300.00 $ 13,000.00 $13,000.00 $ 900.00 $ 900.00 B-24 1 Well sne restoration to restore land surface and grass to as good or better condton than exist d prior to work Provide premonstmcnon video of LS the ate and adjacent properties, Complete as specified. $ 1,500.00 $ 1,500.00 $ 300.00 $ 300.00 $ 7,000.00 $ 7,000.00 $ 200.00 $ 200.00 Salvage value (credit) for the emstmg well pump and column assembly when replaced with new B-25 I 1S equipment ($ 100.00) ($ 100.00) ($ 1,000.00) ($ 1,000.00) $ 2,000.00 $ 2,000.00 ($ 2,425.00) ($ 2,425.00) SUBTO'-AL: B. VTER YELL NO.1 C. WATER WELL NO. 2 $ 205,037.00 Remove and inspect existing well motor, well discharge head, pump column assembly (564 C-I I L8 Pau) and pump bows and povWe written $ 10,500.00 $ 10,500.00 $ 7,800.00 $ 7,800.00 $ 75,000.00 $ 75,000.00 $ 10,000.00 $ 10,000.00 inspection reports, Complete as specified Ball oil from the well and dispose of properly. Perform a well wren survey of entire well depth interval and provide acceptable Marmite copies, selected video images and written report of each C-2 3 BA ndeo survey, Complete as specified. $ 1,50000 ALSA. INC. $ 4,500 00 $ 1,400 00 C & C WATER SERVICES $ 4,200 00 $ 5,000 00 HYDRO RESOI(RCES $15,000.00 $ 2,000.00 $ 6,000.00 WEIS_NGER ■r DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1. ♦ I I 1 It I( I. TOTAL PRICE UNIT PRICE TOTAL PRICE C-3 1 LS C-0 C-5 40 HR 30 HR Furnish, install and remove appropriately srzed steel tank(s) and temporary leak- proof discharge piping to convey water to discharge post at the well she during pumping. Jetting or testing operahons, plus restore land surface and grass to as good or better condmion that masted poor to work Complete as specified. Perform mechanical cleaning (cone bruahmg) of the 9-mch well screens, est. 2,500 to 2,965 feet, 390 feu of screwy Complete as specified. Jet out and remove the f0 material and sediment' from the bottom of the well, Complete as specified. $ 1,50000 $ 1,500 00 $ 250 00 $ 250.00 $ 50,000 00 $ 50,000,00 $ 1,000.00 $ 1,000.00 $25000 810,00000 $ 250 00 $ 10.00000 $ 700 00 $28,000.00 $ 215.00 $ 8,600.00 $ 300 00 $ 9,000 00 $ 285 00 S 8.550 00 $ 700 00 $ 21,000.00 $ 230 00 $ 6,900.00 Page 148 of 345 C-6 1 IS C-7 1 LS C8 e9 30 HR Perform chlorine treatment of 9-mch well screens by inserting and agitating chlorine mto 9- mch screens, ern 2,500 to 2,965 feet, 390 feet of and let out and neutraha0 chlorinated water from the well prior to discharge, Complete as specified Perform acid treatment of 9-mch well screws using mlection and a1051,0n wnh a double dek surge block agnetor wnh 15%Hydrochloric Acid with 1.5%QC- 21, Napco 224 or Nu Well-310 hgmd enhancer or approved equal and 2 pounds of Rode. 103 acid wneslon mhbttor or approved equal per 1,000 gallons of acid (all non toxic for potable wens), 9-inch screen interval est 2,500 to 2,965 feet, 390 feet of screen, 1,950 gallons of HCL acid et mmmrurn 5 0 gallons per foot of 9- mch screw, Complete as aneeitied. Perform auhfi pumping, agnahon with double dnk surge block agitator, and ne eeleaton of chemeals following chemeal treatment, Complete es specified $ 8,000 00 $ 8,000 00 $ 15,000.00 $ 15,000 00 $ 10,000 00 $10,000.00 $ 6,000.00 $ 6,000.00 $ 20,500.00 $ 20,500 00 $ 24,000.00 $ 24,000.00 $ 10,000.00 $ 10,000.00 $ 7,500.00 $ 7,500.00 $ 300 00 $ 9,00000 $ 250 00 67,50000 $ 700 00 $21,000.00 $ 230 00 $6,900.00 1 LS Perform sonarlettmg of 9-mch screen interval $ 30,000.00 $ 30,000 00 $ 8,500 00 $ 8,500 00 $ 10,000 00 $ 10,000.00 $ 5,000.00 $ 5,000.00 est 2,500 to 2,965 feet, Complete as specified C-10 1 LS Furnish new vertical turbine, line shaft, permanent pump bowl wnh demgn c0ndttions of 2,700 gpm at 455 feet of total dmamic head (TUH) with stainless steel pump bowl shaft and bowl couphng vnth stemless steel collets and wear rings with new 12-inch pump suction pipe (length of 10 feet or less) end new stemless steel cone strainer, Complete as specified $ 35,091.00 $ 35,091 00 $ 22,300.00 $ 22,300 00 $ 70,000.00 $ 70,000.00 $ 30,000.00 $ 30,000.00 Furnish 20-foot section of new 12-inch diameter ( 0375-mch well thickness) threaded column 20-Foot prye, 2-3/16-mch diameter line shaft, 3-1/2-mch C 11 24 diameter oil trams, bearurgs and couplings, $ 3,787 00 $ 90,888 00 $ 3,400 00 $ 81,600 00 $ 1,400 00 $ 33,600.00 $ 3,300.00 $ 79,200 00 $echo° Complete m specified C-12 1 10-Foot Famish 10-foot section of new 12-mch diameter $ 2,135.00 $ 2,135.00 $ 1,900.00 $ 1,900.00 $ 2,500.00 $ 2,500.00 $ 1,900.00 $ 1,900.00 Seehun (0375-inch wall thmknws) threaded column pipe, 2-3/16-inch diameter line shaft, 3-1/2-inch diameter oil tubing bearings and couplings, Complete as specified 10-Foot Furnish 10-foot section of new 12-inch diameter Section (0 375-mch wall thelmess) top special threaded column prye, 2-3/16- mch diameter line shaft, 3- C-13 I/2-inch diameter od mbmg bearings and couphngs, Complete as specified $ 2,576.00 ArsA ' INC. $ 2,576.00 $ 2,300.00 C & C WATER 5 `RVICES $ 2,300.00 $ 1,500.00 HYDRO RESO1f2CES $ 1,500 00 $ 2,700,00 $ 2,700.00 WETS NGER ITEM QTY UNIT MAIlIPT10\ UNIT PRICE 11111I. PIRI, E UNIT PRICE TOTAL PRICE 1i\I11PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Famish and install a new 2-3/16-mch x 3- 1/2- mch twsron bearing, nut and plate assembly, LS Complete w specified. IG15 25 EA Furnish 1/4-mch stemless steel PVC- wrapped airtime and oil -filled pressure gauge, with all C-16 500 FT snapping material and fimngs, COmplcte as $ 3.00 $ 1,500 00 $ 2.00 $ 1,000 00 $ 30 00 $15,000.00 $ 2 20 $ 1,100.00 specified. 1 Furnish I-1/4-mch PVC water -level measuring pipe, Complete as specified. C-17 500 FT $1.00 $500.00 9220 61,10000 8600 83,00000 9275 $1,375.00 $ 975.00 $ 975.00 $ 2,100.00 $ 2,100.00 $ 2,500.00 $ 2,500.00 $ 1,970.00 $ 1,970.00 Furnish new rubber tube eta6Jeer for 12- rich diameter column pipe and 3-1/2-mch diameter od tubing Complete as specified. Sandblast, steam clean, prone and paint (approved color) the existing fabricated steel G18 I LS discharge head, Complete as specified G19 1 IS Recondition the existing 400 Hp electric well motor, including. electric motor mspechon; steam clean, d,p and bake the stator; rewind the motor stator (d needed and approved), lathe check the motor, replace the bearings, balance the motor; replace the sight glass, oil and beaters: assemble and test the motor at full voltage, Include any and all requred machine work, stall an w comranahon drive shall and gib keys; steam clean or sand blast, prime and paint the motor with a paint and paint color acceptable to the OWNER, and install the motor and make rt operational, Complete as specified $ 21 00 $ 525.00 $ 20 00 $ 500.00 $ 70 00 $ 1,750 00 $ 1800 $ 450.00 $ 750 00 $ 750.00 $ 600 00 $ 600.00 $ 2,500 00 $ 2,500 00 $ 500 00 $ 500.00 $ 26,000.00 $ 26,000.00 $ 19,570.00 $ 19,570.00 $ 25,000.00 $ 25,000.00 $ 11,000.00 $ 11,000.00 Install permanent pump bowl at 520 feet, pump column assembly, anlme, water- level pipe, well discharge head and electric motor and make all C-20 1 LS pump and motor equipment opemhonal, $ 10,500.00 $ 10,500 00 $ 8,700 00 $ 8,700 00 $ 40,000 00 $ 40,000.00 $10,000.00 $ 10,000 00 Complete m specified Chlorinate and thsmfect the well pump and well and perform bactenolog,cel samplrg and analyses (require 3 negative bacteriological C-21 1 LS samples), Complete as specified I Perform well, pump and motor performance test with vibratron test of the existing well pump to C-22 I LS determine besehne pump performance and provide written report, Complete as specified I Perform well, pump and motor performance test with vibration test and provide written report, C-23 1 LS Complete 05 specified $ 900 00 $ 900.00 $ 750 00 $ 750.00 $ 10,000 00 $10,000.00 $ 1,200.00 $ 1,200.00 $ 750 00 $ 750.00 $ 750 00 $ 750.00 $ 13,000 00 $13,000.00 $ 650 00 $ 650.00 $ 750 00 $ 750.00 $ 300 00 $ 300.00 $ 13,000 00 $13,000.00 $ 900 00 $ 900.00 Page 149 of 345 Well the restoration to restore land surface and grass to as good or better condition than existed prior to work Provide pre-canstmcnon video of C-24 I LS the the and adlacent properties, Complete as $ 1,500 00 $ 1,500 00 $ 250 00 $ 250.00 $ 7,000 00 $ 7,000 00 $ 200.00 $ 200.00 specified. C-25 1 Salvage value (credit) for the existing well pump and column assembly when replaced wnh new equipment ($100 00) ($ 100.00) ($ 1,000 00) ($ 1,000 00) $ 2.000 00 $ 2,000 00 ($ 2,425.00) ($ 2,425 00) SUBTOTAL: C. WATER WELL NO. 2 $ 278,200.1 $ 228,520 $ 482,350.00 $ 198,620.00 TOTAL BASE BID AMOUNT (Subtotals A. + B. + C.) $ 607,428.01 $ 096,814.1 $ 1,106,890.00 $ 446,057.00 AI.SAV INC. C & C WATER SERVICES HYDRO RESOURCES WF.ISINGF.R ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAI. PRICE UNIT PRICE TOTAL PRICE ADDITIVE ALTERNATE BID ITEMS WATER WELL NO. 1 ALTERNATES OR WATER WELL NO. 2 ALTERNATES Commemr service rig equipment & personnel rate, Complete, for time for additional work 1-A 10 HR approved by the Owner for this project. $30000 15% Hydrochloric Acid and specified adduwes for acid volume more or less than specified m 1-A 50 GALS Item No. B-7 or C-7, Complete as specified. $6.00 Sound the depth of the gravel packoutsule the top of the existing 9-mch blank Inver, Complete 2-A 1 IS as specified. $500.00 If needed and approved, add gravel pack Outside the top of the existing 9-inch blank liner, 3-A 15 FT3 Complete as epecltiad $1000 4-A 4 HR Perform specified, well specific capacity check test of well with the specified materials and equipment and provide written &sting records and data, Complete es specdied Famish, install and remove min 1,000 gpm temporary test pump bowl, testing equipment 5-A I LS and materials, Complete as specified. $2,500.00 $20,000 00 Perform spectf d, well pumping test vnth the temporary test pump bowl, equipment and 6-A 8 I IR materials and provide written testing records and $150 00 data. Complete as specified $3,000 00 $300.00 $275.00 $6.50 $2,750 00 $325.00 $1,500.00 $5.00 $15,000.00 $250.00 $310.00 $2.50 $3.100 00 $125.00 $500.00 $500.00 $500.00 $250.00 $250.00 $200.00 $200.00 $15000 $50.00 $75000 S1,00000 $15,000.00 91500 $22500 $10,000.00 $30000 $1,20000 111,00000 $4,00000 $310.00 $1,24000 $20,000.00 $9,50000 $9,50000 $35,00000 $35,00000 $21,00000 $21,00000 $1,20000 $25000 $2,00000 $1,00000 $8,00000 $310.00 $2,48000 SUBTOTAL: WATER WELL NO. 1 ALTERNATES OR WATER WELL N0. 2 ALTERNATES WATER WELL NO. 1 ALTERNATES S3,150 00 7 $17,025.00 577,500.00 . 1 EA Furnish and Install new cast von pump bowl $ 5,280.00 stage to meet final pump design condituns that are different than specified in Bid Item No B-10 or C-10, Complete as specified 8-A 1 EA Furnish and msm0 new ductile non pump bowl $ 6,220 00 stage to meet f al pump design cond0ions that are different than specified an Bid Item No 8-10 or C-10, Complete as specified Machine holes in the existing well discharge head for the airline, water -level measuring pipe and 9-A 1 LS any other accessories, Complete as specified. $ 400 00 Furnish and msm0 new fabncated steel dvscharge head with 4liftmg lugs and correct discharge sized for well and machined holes for anlme, PVC pipe and any other accessories, plus a short secip n of new discharge pram& expansloulomt 10-A I IS and/orfmige(s) to connect the new head and $12,500.00 existing piping if needed, Complete as specified. Fumish new venmal Wahine, line shaft, permanent pump bowl with design cond0ions of 3,000 gpm at 470 feet of total dynamic head (TDH) with stainless steel pump bowl shaft and bowl coupling with stainless steel collets and II -A I L$ wear rings with new 12-inch pump suctmn pipe $ 39,520.00 (length of 10 feet or less) and new gumless steel cone &ranter, Complete as specified. $ 5,280 00 $ 1,500.00 $ 1,500 00 $ 10,000.00 $ 10,000.00 $ 3,400.00 $ 3,400.00 $ 6,220 00 $ 1,000 00 $ 1,000.00 $ 10,000.00 $ 10,000 00 $ 3,800 00 $ 3,800.00 $ 400 00 $ 250 00 $ 250 00 11,500 00 $ 1,500 00 $ 500 00 $ 500.00 $ 12,500 00 $ 16,000.00 $ 16,000 00 $ 25,000.00 $ 25,000 00 $ 9,800 00 $ 9,800.00 $ 39,520.00 $ 22,300.00 $ 22,300.00 $ 52,500 00 $ 52,500.00 $ 32,000.00 $ 32,000.00 ALSAI INC. C & C WATER RVICES HYDRO RESOURCES WEISINGER -- DESCRIPTION UNIT PRICE TOTAI. PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOT11I- PRI(T: I2-A 1 LS I3-A 1 LS 14-A 1 IS Fnmuh and msm0 new 400 Hp, WP-I, 1,770 rpm, 460 volt, 3-phase prenuun efficient electric motor with new combination motor drive shaft and new head shaft nut and gib keys, and any necessary ekemcal connections, Complete as specified. Furnish and mstau new 500 Hp, WP-S 1,770 rpm, 460 volt, 3-phase premrun efficient electric motor with new combination motor drive shaft and new head shaft nut and gib keys, and any necessary ekemcal connections, Complete as specified. Fumish and msmll new 600 Hp, WP-I, 1,770 rpm, 460 volt, 3-phase premwu effluent eleeme motor with new combination motor dove shaft and new head shaft nut and gib keys, and any necessary ekemcal connections, Complete as specified. Fumish and msm0 a new lubricator with 7- gallon capacity reservoir, mimersion heater and 15-A 1 LS thermostat, soknoid and flow- regulating valve, Complete as specified S 80,500.00 $ 80,500 00 $ 74,800.00 $ 74,800 00 $ 128,500 00 $ 128,50000 $ 90,000.00 $ 90,000 00 $ 92,000.00 $ 92,000 00 $ 77,900.00 $ 77,900 00 $ 150,000 00 $ 150,000 00 $ 100,00000 $ 100,000.00 $ 117,500.00 $ 117,500.00 $ 84,500.00 $ 84,500.00 $ 206,000.00 $ 206,000.00 $ 127,000.00 $ 127,000.00 $ 5,000 00 $ 5,000 00 $ 3,000 00 $ 3,000 00 $ 1,500 00 $ 1,500 00 $ 2,400.00 $ 2,400.00 Page 150 of 345 Furnish and mste0 a new immersion heater and themosmt is the existing labncalor, Complete as 16-A I LS specified. WATER WELL NO. 2 ALTERNATES $ 975 00 SUBTOTAL: WATER WELL NO. 1 ALTERNATES $ 359,895.00 $ 282,000 00 897 5.00 I $ 750 00 8750.00 $ 1,50000 I $1,50000 $ 586,500 00 $ 369,900.00 $ 1,000.00 1$ 1,000.00 1]-A 1 EA 18-A 1 EA 19-A I LS Furnish and install new cast iron pump bowl stage to meet f al pump design conditions that are different than specified in Bid Item No C- 10, Complete as specified Furnish and instal new ductile eon pump bowl stage to meet final pump design conditions that are different than specified in Bid Item No C- 10, Complete as specified Machine holes is the existing well discharge head for the airline, water -level measuring pipe and any other accessories, Complete as specified $ 4,218 00 $ 4,218 00 $ 1,500 00 $ 1,500 00 $ 10,000 00 $10,000.00 $ 3,400.00 $ 3,400.00 $ 4,956 00 $ 4,956 00 $ 1,000 00 $ 1,000 00 8 10,000 00 $10,000.00 $ 3,800.00 $ 3,800.00 $ 400 00 $ 400.00 $ 250 00 $ 250.00 81,50000 81,500 00 $ 500.00 $ 500.00 Furnish and msraa new fabricated steel discharge head with 4 hftmg lugs and correct discharge sized for well and machined holes for airline, PVC pipe and any other accessories, plus a short section of new discharge piping, expansionlomt 20-A 1 LS and/or flange(s) to conned the new head and $ 14,500 00 $ 14,500 00 $ 16,000 00 $ 16,000 00 $ 25,000 00 $ 25,000.00 $ 9,800.00 $ 9,800.00 excsmg piping if needed, Complete as specified. Furnish new vertical torbme, hoe shalt, permanent pump bowl with design conditions of 3,000 gpm at 470 feet of total dynamic head (TDH) with stainless steel pump bowl shaft and bowl coupling with stainless steel collets and 21-A I LS ear rings with new 12-inch pump suction pipe $ 39,520.00 $ 39,520 00 $ 22,300.00 $ 22,300 00 $ 85,000.00 $ 85,000.00 $ 32,000.00 $ 32,000 00 (length of 10 feet or less) and new stemless steel cone strainer, Complete as specified. Furnish and install new 400 Hp, WP-L 1,770 rpm, 460 volt, 3-phase premium efficient electric motor with new combmation motor drive shaft 22-A I LS and new head shaft nut and gib keys, and any necessary elecmcal comecnons, Complete as specified, $ 80,500,00 ALS&I INC. $ 80,500 00 $ 74,800.00 C & C WATER SaRVICES $ 74,800 00 $ 140,000 00 HYDRO RESOLCES $ 140,000 00 $ 90,000.00 $ 90,000 00 WEISTNGER ITEM I. I UNIT' S 'RII IRI\ 1 All 811.1l1 1011.1.I ltlll. l'All PR I(I. 1,11 I'Itll: f: 101 ll. I<II I. I0 111.11131: LS Furnish and install new 500 Hp, WP-I, 1,770 rpm, 460 volt, 3-phase premium efficient electric motor with new combination motor dove shaft and new head shall nut and gtb keys, and any necessary electrical connecn0ns, Complete as specified. $ 92,000 00 $ 92,000 00 $ 77,900 00 Furnish and msta0 a newlubncatar with gallon capacity reservoir, immersion heater and 24-A I LS thermostat solenoid and flow -regulating valve, $ 5,000 00 S 5,000 00 $ 3,000 00 Complete as specified $ 77,900 00 $ 175,000 00 $ 175,000 00 $ 100,000 00 $ 100,000 00 $ 3,000 00 S 30,000 00 $ 30,000.00 $ 2,400.00 $ 2,400.00 I Furnish and install a new immersion heater and thennosiat m the exisimg lubricator, Complete as 25-A I IS specified $ 975 00 $ 975.00 $ 750 00 $ 750.00 $ 1,500 00 $ 1.500 00 $ 1,000.00 $ 1,000.00 SUBTOTAL: WATER WELL NO. 2 ALTERNATES 242.069 00 $197,500.00 $ 478,000.00 $ 242,900.00 Acknowledgment of Addendoms t Y Y Bid Bad Y Y Certification Nuns Y Y Calculation Errors, Highlighted amounts are adjusted correctly. Page 151 of 345 Created: 12/10/2021 Project Location Map Rehabilitation of Water Wells 1 & 2 Legend ED Wells Streets FSC PRINCIPAL ARTERIAL OVERPASS FREEWAY MAJOR COLLECTOR MINOR ARTERIAL MINOR COLLECTOR TAMU Overview Map DISCLAIMER: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. No warranty is made by the City of College Station regarding specific accuracy or completeness. Feet 0 3,500 7,000 10,500 14,000 28,000 42,000 56,000 Feet 70,000 Page 152 of 345 January 13, 2022 Item No. 7.6. Presentation and discussion of the purchase of replacement host servers Sponsor: Sam Rivera Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding purchasing upgraded replacement host servers from Avinext for $175,559.60. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): CIO recommends approval of the purchase Summary: As part of the normal replacement cycle, five host servers will need to be purchased. Each host server has a life span of 5 years. These host servers will replace the current host servers which are due for an upgrade. The total cost of all hardware is $175,559.60 which are all one-time costs Budget & Financial Summary: Funds for this purchase have been approved through IT Replacement Budget. Attachments: 1. DL360 G10 x 5 Hosts - discounted Page 153 of 345 Avinext AV SAVVY. NETWORK SMART Formerly MicroAge College Station The Personal Computer Store, Inc. 1400 University Drive East - College Station, TX 77840 Phone (979)846-9727 Fax (979)268-1017 www.Avinext.com Here is the quote you requested. Quotation Quote # Date 196879-C Sales Re 01/06/22 Robert Orzabal 979-846-9727 Ext. 220 orzabal@avinext.com For Phones Dan Merkel City of College Station 310 Krenek Tap Road College Station, TX 77842 United States Part 1 867959-B21 2 P02649-L21 3 P02649-B21 4 P00924-B21 5 868000-B21 6 872475-B21 7 726537-B21 8 727055-B21 9 P01366-B21 10 804331-B21 11 727054-B21 12 871244-B21 13 865414-B21 14 BD505A 15 16 17 18 19 20 21 22 867998-B21 874543-B21 HU4A6A5 HU4A6A5#R2M H U4A6A5#WAG COMHPEDIR2 01/06/22 13:04:56 (979) 764-3498 PO # Terms Ship Date Ship Via 22201204-00 Net 30 days Description HPE ProLiant DL360 Gen10 8SFF Configure -to -order Server Intel Xeon-G 6254 FIO Kit for DL360 G10 HPE DL360 GEN10 XEON-G 6254 KIT HPE 32GB 2RX4 PC4-2933Y-R SMART KIT DL360 GEN10 8SFF DP/USB/ODD BLNK KIT PL=SY 300GB SAS 10K SFF SC DS HDD NO DEAL REG PRICING PL=S1 9.5MM SATA DVD-RW JB GEN9 KIT PL=SY HPE ETHERNET 10GB 2-PORT 562SFP+ ADPTR 96W SMART STORAGE BATTERY 145MM CBL PL CODE-SH SMART ARRAY P4081-A SR GEN10 CTRLR PL=S1 HPE ETHERNET 10GB 2-PORT 562FLR-SFP+ADPT DL360 GEN10 HIGH PERF FAN KIT PL=SY 800W FS PLAT HT PLG LH PWR SPLY KIT PL=S1 ILO ADVANCED 1SVR LICS W/3YR 24X7 TECH SUP UPDATE PL=4U 1U GEN10 BEZEL KIT PL=SY 1U GEN10 SFF EASY INSTALL RAIL KIT PL=SI HPE 5Y Tech Care Essential SVC HPE iLO Advanced Non Blade Support HPE DL360 Gen10 Support Hewlett Packard Enterprise DIR-TSO-4160 Contract Additional Discount beyond DIR price of $14046.05 QtY 5 5 5 80 5 15 5 5 5 5 5 5 10 5 2/4/2022 Price $1,464.00 $4,499.00 $4,499.00 $1,076.00 $53.00 $208.00 $95.00 $566.00 $113.00 $541.00 $617.00 $337.00 $294.00 $290.00 5 $47.00 5 $79.00 5 $0.00 5 $49.58 5 $3,434.34 1 $0.00 Avinext Ext. Price $7,320.00 $22,495.00 $22,495.00 $86,080.00 $265.00 $3,120.00 $475.00 $2,830.00 $565.00 $2,705.00 $3,085.00 $1,685.00 $2, 940.00 $1,450.00 $235.00 $395.00 $0.00 $247.90 $17,171.70 $0.00 Page 1 / 2 Page11°64 of 345 Avinext 1 Part ! Description Please contact me if I can be of further assistance. Qty Quote# 196879-C Price ! Ext. Price SubTotal $175,559.60 Sales Tax $0.00 Shipping $0.00 Total $175,559.60 QUOTES ARE VALID FOR 30 DAYS FROM THE DATE SHOWN ABOVE. PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE TO THREE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE HELD LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, OR DAMAGES RELATED TO THIS AGREEMENT. 01/06/22 13:04:56 Page 2 / 2 Page21°6g of 345 January 13, 2022 Item No. 7.7. Presentation, discussion, and possible action regarding the renewal of an existing contract between the City of College Station and Xpedient Mail in the amount of $210,000.00. Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding the renewal of an existing contract between the City of College Station and Xpedient Mail in the amount of $210,000. Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends approval of the second and final contract renewal with Xpedient Mail. Summary: October 2019, a formal request for proposal process was conducted to select a vendor to provide utility bill printing and mailing services. Xpedient Mail was selected out of the nine (9) responses received and a contract was approved by City Council on January 23, 2020. Xpedient Mail performed satisfactorily during the initial and first contract renewal terms and is not requesting an increase to unit prices; therefore, it would be in the City's best interest to renew the contract for another one (1) year term in accordance with the original contract terms, conditions and pricing. This is the second of two (2) possible one-year renewal options. Services to be provided include designing, printing, sorting, mailing, and e-mailing utility bills and related documents to residential and commercial customers of the City. The City is encouraging direct deposit by bank draft and electronic delivery of utility bills via email. Direct deposit by bank draft decreases the additional cost to provide return envelopes. eBills (PDF image) are sent via email to customers who elect to receive utility bills electronically and is the most cost-effective method for distributing utility bills to customers compared to traditional mailing. Budget & Financial Summary: Actual expenses will depend upon the volume of utility bills, late notices and inserts that are produced and mailed to customers as well as the volume of eBills sent to customers via email. Funds are budgeted and available in the Utility Customer Service and Public Communications budgets. Attachments: 1. 20300200R2 Page 156 of 345 CITY OF COLLEGE STATION Nome of Texas A&M University' RENEWAL 2 ACCEPTANCE By signing herewith, I acknowledge and agree to renew Contract No. 20300200 for Utility Bill Printing and Mailing Services in accordance with all terms and conditions previously agreed to and accepted for an amount not to exceed Two Hundred Ten Thousand and No/100 Dollars ($210,000.00). I understand this renewal term will be for the period beginning January 24, 2022 through January 23, 2023. This is the second and final renewal option available. XPEDIENT MAIL CITY OF COLLEGE STATION By: Printed Name: Title: Date: By: City Manager Date: APPROVED: City Attorney Date: Asst. City Manager/CFO Date: Fiscal Services P.U. BOX 9960 • 1101 TEXAS AVENUE. • COLLEGE STATION • TEXAS • 77842 TEL. 979.764.3555 • FAX. 979.764.3899 cstx.gov Page 157 of 345 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/11/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BXS Insurance 3310 N. University Drive Nacogdoches TX 75965 INSURED Sunbelt Business Graphics, Inc Xpedient Mail 2115 W. Briargate Drive Bryan TX 77802 COVERAGES License#: PC-1092395 SUNBBUS-03 CONTACT NAME: Community Insurance Solutions PHONE (A/C. No. Ext): 855-377-1529 E-MAIL ADDRESS: CIS OcbXSI.Com FAX (A/C, No): INSURER(S) AFFORDING COVERAGE INSURER A: Continental Casualty Company INSURER B : American Casualty Company of Reading, PA INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: 1330852801 REVISION NUMBER: NAIC # 20443 20427 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY 5094926903 1/1/2021 1/1/2022 EACH OCCURRENCE CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT OTHER: B AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE DED RETENT ON $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A 5094910264 5094967385 1/1/2021 1/1/2022 2/9/2021 2/9/2022 DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE X PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 2,000,000 $ 300,000 $ 10,000 $ 2,000,000 $ 4,000,000 $ 4,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of College Station, its officials, employees and volunteers, are named as Additional Insureds with a Waiver of Subrogation under the General Liability and Auto Liability policies. General Liability and Auto Liability policies are primary and non-contributory. Workers Compensation includes waiver of subrogation in favor of certificate holder when required by written contract but in no event shall coverage exceed the limits, terms or conditions of the policy. 30 Day Notice of Cancellation is provided when required by Written Contract except in the event of cancellation for Non -Payment of Premium. CERTIFICATE HOLDER CANCELLATION City of College Station Attn: Risk Management PO Box 9960 College Station TX 77842-0973 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE --Wdietedmi+-4 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 158 of 345 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/11/2021 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. certificate holder in lieu of such endorsement(s). PRODUCER CONTACT I NAME: W. E. Gibson Agency, Inc. PHONE Glenna Prentice 329 E. Washington Ave. I (A/C. No. Extl: 936 727-2301 P. O. Box 72 I ADDARESS: gprentice@wegibson.com Navasota TX 77868 I INSURER(S) AFFORDING COVERAGE INSURERA: HSB Specialty Insurance Company INSURED Sunbelt Business Graphics, Inc. dba Xpedient Mail 2115 W. Briargate Dr Bryan TX 77802 XPEDMAIL INSURER B : I INSURER C : I INSURER D : I INSURER E : I INSURER F : A statement on this certificate does not confer rights to the FA X Not: 979 704-6006 NAIC # COVERAGES CERTIFICATE NUMBER: 32716738 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE DED RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below A Cyber Liability Y/N N/A EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE $ AGGREGATE $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 660355902 12/17/2020 12/17/2021 $2,000,000 $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of College Station Attn: Risk Management PO Box 9960 College Station TX 77842-0973 Aggregate Retention SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Page 159 of 345 January 13, 2022 Item No. 7.8. Vehicle Exhaust Removal Systems Sponsor: Richard Mann, Chief of Fire and Emergency Services Reviewed By CBC: Budget and Finance Committee Agenda Caption:Presentation, discussion, and possible action regarding a construction contract with Air Cleaning Technologies, Inc for vehicle exhaust removal systems not to exceed $185,423. Relationship to Strategic Goals: - Core Services and Infrastructure Recommendation(s): Staff recommends approval of Contract 22300136 with Air Cleaning Technologies, Inc for Vehicle Exhaust Removal Systems at Fire Stations 3, 5, and 6. Summary: The City of College Station Fire Department has six (6) fire stations that provide fire protection and emergency medical services to the citizens and visitors of College Station and the Brazos Valley. Three (3) stations currently have Plymovent vehicle exhaust systems installed and it is the City's intent to contract with Air Cleaning Technologies, Inc to install Plymovent systems in the remaining three (3) stations. Plymovent systems extract vehicle exhaust fumes and particulates that would otherwise contaminate fire stations, fire equipment, and firefighters. This contract is for the purchase and installation of Plymovent vehicle exhaust removal systems at three (3) City fire stations other services as described in the contract. Air Cleaning Technologies, Inc shall furnish all labor, services, materials, tools, and equipment necessary to put into working operation a complete turnkey system that will ventilate diesel and gasoline exhaust from the vehicle's tailpipes to the outside of the fire stations. All necessary controls, motors, fittings, ductwork, blowers, tailpipe modifications, labor and all other equipment and materials specified shall be part of the work. Budget & Financial Summary: Funding for Fire Stations #3 and #5 were approved in a FY22 SLA for $95,000. CMO requested Station #6 be added to complete all stations. A solicitation of bids was done, and a single bid was received. The remaining funds will be transferred over in Budget Amendment #1 to complete the project. Attachments: 1. 22300136 Air Cleaning Technologies, Inc Page 160 of 345 (s.r 1:rry tli aA.l.l.t;l.S1.\I'Ica't IIm or l,f Too! 461-I4 �lrlir rnriiy' CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: 22300136 PROJECT#: BID/REP/RFR#: 22-021 Project Name / Contract Description: Installation of Vehicle Exhaust Removal Systems at Fire Stations #3, #5, and #E Name of Contractor: Air Cleaning Technologies, Inc. CONTRACT TOTAL VALUE: $ 185,423.00 Grant Funded Yes El No If yes, what is the grant number:I Debarment Check n Yes n No • N/A Davis Bacon Wages Used n Yes ❑ No❑ N/A Section 3 Plan Incl. n Yes n No 0 N/A Buy America Required ❑ Yes l l No n N/A Transparency Report ❑ Yes D No ❑� N/A ❑� NEW CONTRACT ❑ RENEWAL # D CHANGE ORDER # D OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Funding for Fire Stations #3 and #5 were approved in a FY22 SLA far 595,000. CMG requested Station #6 be added to complete all stations_ A solicitation of bids was done and a single bid was received. The remaining funds will be transferred over in Budget Amendment #1 to complete the project. CRC Approval Date*: Funding Accout: 10010420-5799 (if required) * Council Approval Date*: 1/13/22 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: Performance Bond: Payment Bond: Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE LEGAL DEPARTMENT DATE ASST CITY MGR — CFO DATE APPROVED & EXECUTED CITY MANAGER DATE N/A MAYOR of applicable) DATE N/A CITY SECRETARY (if applicable) DATE —Onginal(s) sent to C SO on Scanned into Laseificne an Onglnal(s) sent to Fiscal on Page 161 of 345 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT This Agreement is entered into by and between the City of College Station, a Texas home -rule municipal corporation (the "City") and Air Cleaning Technologies, Inc. (the "Contractor") for the construction and/or installation of the following: Installation of Vehicle Exhaust Removal Systems at Fire Stations #3, #5, and #6: as formally described in 1TB 22-021 _ 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall paean any day of the week or month, no days being excepted. 1,02 City. The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 City's Consultant. The term "City's Consultant" or "Consultant" shall mean and be understood as referring to the City's design professional(s) for the Project. 1,04 City's Representative. The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent. 1.05 Contract Amount. 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 multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in consideration of the Contractor's final completion of all Work in conformity with this Agreement, the City shall pay the Contractor an amount not to exceed: One Hundred Eighty -Five Thousand Four Hundred Twenty -Three and 00 /100 Dollars ($ 185,423.00 ). 1.06 Contract Documents. The term "Contract Documents" shall mean those documents listed in Section 2.01. 1.07 Contractor. The term "Contractor" shall mean the persons), partnership, or corporation who has agreed to perform the Work contemplated in this Agreement and the other Contract Documents. 1.08 Contractor's Proposal. The term "Contractor's Proposal" shall mean the document provided by the Contractor in response to, and shall include all information required by the City's Request for Proposal/invitation to Bid for the Project. 1.09 Extra Work. The tern "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that maybe required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.10 Final Completion. The terns "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_ Contract No. 22300136 Constriction Agreement Over S50.001) Form 07-72-2021 Pagel Page 162 of 345 1.11 Hazardous Substance. The tern "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which is defined as a hazardous substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean- up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA" ), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (ail such laws, rules and regulations being referred to collectively as "Environmental Laws")_ 1.12 Environmental Laws. The term "Environmental laws" shall mean collectively, 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. 1.13 Interpretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.14 Nonconforming work. The term "nonconforming work" shall mean Work or any part thereof that is rejected by City's Representative as not conforming with the Contract Documents, 1.15 Parties. The "parties" are the City and the Contractor. 1.16 Project. The term "Project" shall mean the construction of an improvement to real property where the Work comprises either whole or a part of such construction and which may include construction by the City or separate contractors. 1, 17 Project Manager. The term "Project Manager" shall mean the Contractor's Project Manager. The Project Manager shall assist the City in performing various administrative and oversight duties relating to the Work, subject to limitations in authority that trust be verified by Contractor. 1.18 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contract with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.19 Substantially Completed. The terns "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 Contract No. 22300138 Constniction Agreement Over S50.000 Form 07-22-2021 Pic Page 163 of 345 retainage, however, shall be withheld until Final Completion and acceptance of the Work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.20 Work. The term "Work" as used in this Agreement shall mean the construction and services required by the Contract Documents and Exhibits, including any duly authorized change orders, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill its obligations. The Work may constitute the whole or a part of the Project. The Work includes but is not limited to all labor, parts, supplies, skill, supervision, transportation, services, and other facilities and all other items needed to produce, construct, and fully complete the Project. 1.21 Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays_ 2. CONTRACT DOCUMENTS 2.01 The Contract Docwnents and their priority shall be as follows: (a) This signed Agreement. (b) Addendum to this Agreement. (c) General Conditions, as may be applicable. 01) Special Conditions, as may be applicable. (e) Specifications, including the technical specifications set out at BCS Unified Design Guidelines ("Specifications"). (f} Plans. (g) Instructions to Bidders and any other notices to Bidders or Contractor. (h) Performance bond, Payment bonds, Bid bonds and Special bonds. (i) Contractor's Proposal. 2.02 Where applicable, the Contractor will be furnished three (3) sets of plans, specifications, and related Contract Documents for its use during construction. Plans and Specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03 The Contractor shall distribute copies of the Plans and Specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the Plans and Specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the Work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04 All drawings, specifications, and copies thereof furnished by the City shall not be re -used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the 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. 2.05 In the event of inconsistencies within or between parts of the Contract Documents, the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more stringent requirement, either or both in accordance with the City's interpretation. The terms and conditions of this Section 2.05, however, shall not relieve the Contractor of any of the obligations set forth in Sections 8.01. and 8.02 of this Agreement. Contract No, 22300136 Constriction Agreement Over $50.000 Form 07-22-2021 Pare Page 164 of 345 3. AWARD OF CONTRACT 3.01 Upon the notice of intent to award of the contract by the City, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents, bonds, and certificates of insurance required herein. 3.02 Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the Work in the most expedient and efficient possible manner in order to complete the Work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the Project shall be commenced on the date to be specified in the City's written notice to proceed. 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 Sections 27 and 28 (Insurance & Bonds). 4. CITY'S REPRESENTATIVE 4.01 The Contractor shall forward all communications, written or oral, to the City through the City's Representative. 4.02 The City's Representative may periodically review and inspect the Work of the Contractor. 4.03 The City's Representative shall appoint, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the Work performed under this Agreement and ensure that said Work is performed in accordance with the Plans and Specifications. 4.04 The City's Representative shall interpret questions concerning the Contract Documents. The City's inspector has authority to reject any of the Work for failure to comply with the Contract Documents and/or applicable laws. 4.05 Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may, within two (2) days from receipt of such order, make written appeal to City's Representative for his decision. 5. INDEPENDENT CONTRACTOR 5.01 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the Work. The Contractor shall have ultimate control over the execution of the Work under this Agreement, The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Agreement. 5.02 Standard of Care. The Work shall be performed in a good and workmanlike manner, and in accordance with this Agreement, and all applicable laws, codes, and regulations. The construction of the Project is subject to amendments and adjustments to the Contract required by any applicable changes in regulations or requested or approved by in writing by the City. If at any time during the progress of the Work the Contractor becomes aware Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page 4 Page 165 of 345 of any errors or omissions in the Plans or Specifications for this Project or that the Agreement deviates from applicable legal requirements, Contractor shall promptly provide written notice thereof to the City. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. 5.03 The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the Work and fulfillment of this Agreement. The Contractor shall be responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. The subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project site during the progress of the Work, including at all times subcontractors are present at the Project site, a competent English speaking Project Manager and/or superintendent and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors. All directions given to the Project Manager and/or superintendent shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the Work, and lack of such supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5.04 Unless otherwise stipulated, the Contractor shall provide and pay for all labor, materials, tools, equipment, transportation, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the Work by the Contractor. Any additional work, material, or equipment needed to meet the intent of this provision shall be supplied by the Contractor without claim for additional payment, even though not specifically mentioned herein. 5.05 Any injury or damage to the Contractor or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6. DISORDERLY EMPLOYEES The Contractor agrees to employ only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City's Representative shall inform the Contractor in writing that any person or persons on the Project are, in his opinion, incompetent, unfaithful, or disorderly, such person or person shall be discharged from the Project and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7. HOURS OF WORK The Contractor may work Monday through. Friday from 7 a.m. to 6 p.m., exclusive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime, weekends, and holidays only when approved in advance by the City's Representative. The time for Substantial Completion shall not be affected in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. S. NATURE OF THE WORK 8.01 It is understood and agreed that the Contractor has, by careful examination, studied and compared the Plans and other Contract Documents, satisfied itself as to the nature and location of the Work, the conditions of the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the Work, the time needed to complete the Work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 PicI; Page 166 of 345 Work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any Work that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02 Any design errors or omissions noted by the Contractor shall be reported promptly to the City, but it is 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. 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 Sections 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 auend 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) Schedule for performance of the Work ("Construction Schedule"). Project Schedule contemplated, including the starting and ending date, as well as an indication of the completion of stages of Work hereunder. Such document, once approved by the City and, if applicable, the City's Consultant shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit E. If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. The Construction Schedule shall not be modified except by written change order. The Construction Schedule shall not exceed time limits current under the Contract Documents, shall be submitted with each pay application, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. (b) The names and addresses of all proposed subcontractors in writing, (c) Schedules of the starting and ending dates of subcontractors and the scope of Work contemplated for subcontractors. (d) Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Project Superintendent/Manager. Contract No. 22300136 Constniction Agreement Over S50.000 Form 07-72-2021 Pargc Page 167 of 345 (e} For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the sub n}ission thereof. (f) Where applicable, materials procurement schedules and material supplier names, addresses and phone numbers. 9.02 The City's Representative, within five (5) working days after the initial post -agreement award conference or any other meetings, may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall thereafter sign the minutes and promptly return them to City's Representative. Where there is disagreement, City's Representative will make the final determination. 10. PROGRESS OF WORK 10.01 The Construction Schedule shall be in a detailed precedence -style critical path method ("CPM") or primavera-type format satisfactory to the City and the Consultant. The Construction Schedule shall also (i) provide a graphic representation of all activities and events that will occur during performance of the Work; (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as "Milestone Dates"). If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. 10.02 Further, the parties shall be subject to the following: (a) The Contractor shall submit a Construction Schedule and schedule of values at the initial post - agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's Construction Schedule submitted herein. The Contractor shall promptly resubmit a revised Construction Schedule to City's Representative. (e} 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. (0 When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the Work is not in accordance with the approved Construction Schedule, the City may so inform the Contractor and require the Contract No. 22300136 Constniction Agreement aver S50.001) Form 07-22-2021 Rage Page 168 of 345 Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03 The process of approving the Construction Schedule and updates to the Constriction Schedule shall not constitute a warranty by the City that any non -Contractor milestones or activities will occur as set out in the Construction Schedule. Approval of the Construction Schedule does not constitute a commitment by the City to furnish any City -furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the City of any delays or potential delays. In the event the Construction Schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any adjustment to the Construction Schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04 The Contractor shall also prepare a submittal schedule promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Consultant's approval. The Consultant's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (i) he coordinated with the Contractor's Construction Schedule; and (ii) allow the Consultant reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 10.05 In the event the City determines that the performance of the Work, as of a Milestone Date or otherwise, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime; (ii) supplying additional manpower, equipment, and facilities; and (iii) other similar measures (hereinafter referred to collectively as "Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The City's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the Construction Schedule. (a) The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the City under or pursuant to this Subsection. (b) The City may exercise the rights furnished the City under or pursuant to this Subsection as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents. 10.06 Work Stoppage. If in the judgment of either the City or City's Representative any of the Work or materials furnished is not in strict accordance with this Agreement or any portion of the Work is being performed so as to create a hazardous condition, they may, in their sole discretion, order the Work of the Contractor or any subcontractor wholly or partially stopped until any objectionable person, work, or material is removed from the premises. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement, including the time of performance and deadlines therefore, nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page 8 Page 169 of 345 I. 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 s❑ 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 andlor engineering services required to protect the adjacent properties andlor 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 The Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as any information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the City and the Consultant any errors, inconsistencies or omissions discovered by or made known to the Contractor. It is recognized that the 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. Contractor acknowledges the City does not represent nor warrant the accuracy or completeness of information provided by the City related to existing conditions and locations of existing utilities and services_ Such information if provided, is provided to the Contractor as a matter of convenience and does not substitute for the Contractor using due diligence to reasonably observe and or to access space to determine errors, inconsistencies or omissions. In all cases of interconnection of the Work with existing conditions, Contractor shall verify at the site all dimensions relating to such existing conditions. 11.07 Contractor's Structures. The building or locating of structures or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not Contract No. 22300130 Constriction Agreement Over S50.000 Form 07-22-2021 Pi<ge l '} Page 170 of 345 damage the property where such structures are allowed and shall at all tinges maintain sanitary conditions in and about such structures in a manner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City, its property, or third persons as a result of the location or use of such structures. 11.08 The Contractor and any entity over whom the Contractor has control shall not erect any sign on the Project site without the prior written consent of the City_ 11.09 City may have other work related to the Project performed at the Project site during the time the Work is performed. Contractor should schedule its Work to coordinate with the work of other contractors and utilities with the understanding that some of that work may be performed at times other than as set out in the Contract Documents or as otherwise anticipated. City will endeavor to have such other work performed so as not to unduly interfere with Contractor's performance when Contractor notifies City of specific reasonable needs well in advance of those needs and where it is possible to do so. In the event of substantial delay caused by another contractor or a utility, after advance notice of its needs by Contractor, Contractor will be entitled to make a claim for an extension of time as provided herein. 11.10 When two or more contractors, including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one contractor before another can begin, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor, including Contractor if applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separate contractor at the Project site, or should any claim arising out of Contractor's separate contractor at the Project site, or should any claim arising out of Contractor's performance of the Work be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by applicable laws, indemnify and hold City harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against City to the extent based on a claim arising out of Contractor's negligence. 12. MATERIALS 12.01 Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, 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 agreement reserving Contract No. 22300136 Construction Agreement Over $50,000 Form 07-22-2021 Pagel ! r 1 Page 171 of 345 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 he used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12.05 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor_ 12.06 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Contract No. 22300136 Constriction Agreement Over $50.000 Form 07-22-2021 Page [ Page 172 of 345 12.07 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work, 12.08 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 12.09 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. 12.10 The Contractor shall review for compliance with the Contract Documents, approve and submit to the City's Consultant Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the City's Consultant or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. 12.11 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the City and City's Consultant that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and held construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 12.12 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the City's Consultant. 12.13 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the City's Consultant's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the City's Consultant in writing of such deviation at the time of submittal and (1) the City's Consultant has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the City's Consultant's approval thereof. 12.14 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the City's Consultant on previous submittals. In the absence of such written notice, the City's Consultant's approval of a resubmission shall not apply to such revisions. 12.15 Contractor shall be liable for and the City may withhold from Contractor's payments any amount of additional fees charged by City's Consultant for excessive resubmittal review. Contract No. 22300 13fi Constriction Agreement Over $50.000 Form 07-22-2021 Page 12 Page 173 of 345 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01 The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. 13.02 The City's Representative shall have the right, at all reasonable times, to observe and test the work_ The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the Work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the Work will be ready for observation. 13.03 The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the Plans, Specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if said work is in accordance with the -Plans, -Specifications, and other Contract Docwnents, 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 suits may be made by the City at the City's sole discretion. Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page 174 of 345 14.03 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies, In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the City's Consultant's additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. 15. SUBCONTRACTING & SUBCONTRACTORS 15.01 The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02 Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the Work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Every subcontractor shall be bound by the terms and provisions of this Agreement and the Contract Documents as far as applicable to their work. Contractor's subcontract agreement shall provide that subcontractors shall assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the subcontractor's Work, which the Contractor, by these Documents, assumes toward the City and Consultant. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. 16. PAYMENT 16.01 The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such, is exempt from the payment of the sales tax on materials and supplies used in the performance of this Agreement. The Contractor shall issue exemption certificates to its suppliers and subcontractors in lieu of said sales tax for all such materials and supplies, and said exemption certificates must comply with the State 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], 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 ("Schedule of Values"). The Schedule of Values shall not overvalue early job activities and shall follow the trade divisions of the Specifications so far as possible. Modifications must be approved by City. This schedule, unless objected to by the City, shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit F. The Schedule of Values 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, backed by the Schedule of Values, showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to and including the last day of the preceding month. The statement shall also include the value of all materials not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the Work. Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page 14 Page 175 of 345 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 Section 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, hut 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 teens 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 S400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. OR: 16.04 Retainage, This section has been removed. No retainage will be deducted. 16.05 If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project, 16.06 Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re -stocking charges actually incurred by the Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07 The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the Work hereunder, The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable obj ecti on. 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; Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page 176 of 345 (h) 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; and (c) Whenever costs are more than or Iess 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 Section 16.9(a) and (2) changes in the Contractor's costs under Section 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 Section_ 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 Section 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 other than defects in design provided to Contractor by a person other than Contractor's agents, contractors, fabricators, or suppliers, or its consultants, of any tier for non -critical infrastructure. (b) Failure to timely disclose in writing to the City of a known defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications or other design documents. (e) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. (d) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. (e) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor_ (f) Claims made or reasonable evidence indicating claims will be made for damage to third parties, including adjacent property owners. (g) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. (h) City's determination of an amount of liquidated damages. (i) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. (k) Corrections of mistakes, errors and overpayments in relation to prior pay applications and payments. Provided, however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Section. 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_ Contract No. 22300136 Constriction Agreement aver S50.000 Form 07-22-2021 Page 177 of 345 17.02 City Manager Approval. When the original contract amount plus all change orders is One Hundred Thousand Dollars ($100,OOO) or Less, the City Manager or his designee may approve the written change order in accordance with 17.03 below, provided the change order does not increase the total amount set forth in the Contract to more than One Hundred Thousand Dollars ($100,000}. For such contracts, when a change order results in a total contract amount that exceeds One Hundred Thousand Dollars ($100,000), the City Council of the City must approve such change order prior to commencement of the services or work. 17.03 For "Extra Work", as defined in Section 1,09 and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original Contract price may not be increased by more than twenty-five percent (25%}. Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($5O,000.00). Changes in excess of Fifty Thousand Dollars ($5O,0O0.00) 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 he 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. OR: 17.03 For construction contracts funded in whole or in part by Certificates of Obligations, for "Extra Work," as defined in Section 1.09 and authorized through written change orders, and pursuant to Section 271.060 of the Texas Local Government Code, a contract with an original contract price of $1 million or more may not be increased by more than twenty fire percent (25°%). If a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than $1 million increases the Contract Amount to $1 million or more, subsequent change orders may not increase the revised Contract Amount by more than twenty fire percent (25%). Written change orders may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ((5O,OOO.00). Changes in excess of Fifty Thousand Dollars ($50,OOO.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. 17.04 The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Completion of the Work shall not excuse the Contractor from 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. Contract No. 22300136 Constniction Agreement Over $50,000 Form 07-22-2021 Pagel l Page 178 of 345 (a) It is agreed that the Contractor shall perform all Extra Work under the direction of C'it_y'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 S - By agreed lump sum, or Method C - If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost (as defined in subsection (g) below) of the Work. (e) Method A - Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as follows: (1) The cost of materials shall be determined by the invoices; (2) The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, workers' compensation, and all other insurance as may be required by taw 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 he 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 (1 U0%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page 1 1,, Page 179 of 345 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 Conn -actor 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 nian loading to actual ratan loading, or any other analysis that is used to show damages indirectly. (3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01 The date of beginning, the time for Substantial Completion and Final Completion of Work as specified in this Agreement are of the essence of this Agreement. 18.02 The Work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post -award conference. 18.03 The Work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04 The Work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION 19.01 The Contractor shall notify City's Representative when, in the Contractor's opinion, the Contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the Work has been Substantially Completed, City's Representative shall inspect the Work for the preparation of a final punch list. (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_ Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Pic P.) Page 180 of 345 19.02 The Substantial Completion of the Work shall not excuse the Contractor from performing all of the Work, whether of a minor or major nature, necessary for Final Completion and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01 Contractor shall notify the City's Representative when it believes that the Work has reached Final Completion as defined in Section 1.10. 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 such defects and pay for any damage to other work which may appear after final acceptance of the Work. 21. DELAYS 21.01 The Contractor, in undertaking to complete the Work within the times herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such Work, whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise. 21.02 The City may, in its sole discretion, delay the Work during inclement weather in order to preserve the Project, insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Section 22 to offset for such stoppage of the Work. 21.03 No payment or compensation of any kind shall be made to the Contractor for damages because of hindrance or delay in the progress of the Work, unless such delays (1) are caused by the actual interference, fraud, bad faith or misrepresentation by the City or its agents, (ii) extend for an unreasonable length of time; or (iii) were not contemplated by the parties at the time of contracting. In the event of any delay entitling Contractor to an increase in Contract Amount, except when due to City's intentional interference or fraud, Contractor's recovery shall be limited as outlined in Section 21.04 below. The City's reasonable exercise of any of its rights or remedies under the Contract, regardless of the extent or frequency, shall not under any circumstances be construed as interference with the Contractor's performance of the Work. 21.04 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_ Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page 2{} Page 181 of 345 22. EXTENSIONS OF TIME 22.01 The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including, but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completion, except when the Work has been delayed by one or more of the following: (a) An act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; (b) By changes ordered in the Work, or reductions thereto approved in writing; (c) By "rain days" (days with rainfall in excess of one -tenth of an inch) during the term of this Agreement that exceed the average number of rain days for such term for this locality, both as determined by the Texas A&M University weather service; or (d) By other causes that the City and the Contractor agree may reasonably justify delay and that were 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. 22.02 If one or more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time, within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required by the City's Representative. Within ten (l❑) calendar days after receipt of a written request for an extension of time, which is supported by all requested documentation, the City shall, in writing and in its sole discretion, grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing and in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01 The time for the Substantial and Final Completion of the Work described herein are reasonable times for the completion of each, taking into consideration all conditions, including but not limited to the average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor's failure to meet the deadlines for Substantial and/or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 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 Section 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 Two Hundred and no /100 DOLLARS ($ 200.00 ) 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 Iiquidated damages for the breach of this Agreement. It being specifically understood that the assessment of Contract No. 22300136 Construction Agreement Over S50.000 Form 07-72-2021 Page 2I Page 182 of 345 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 Iabor 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 (1) year as follows The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative, and all work will be of good quality, free from faults and defects (other than defects from third parties as set out in Chapter 59 Texas Business and Commerce Code relating to non -critical infrastructure), 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 Iaw and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04 Where more than a one (1) year warranty is specified for individual products_ work, or materials, the longer warranty shall govern_ 25.05 This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 25.06 Defective Work Discovered During Warranty Period. If any of the Work is found or determined to be either defective, including obvious defects under warranty as set forth in this Section 25, or otherwise not in accordance with this Agreement within one (1) 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 (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall promptly, upon receipt of written notice by the City_ correct the defective work at no cost to the City_ 25.07 The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page 22 Page 183 of 345 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 (1) year after the installation or completion. The one (t) 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 Section 26.0 1, 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 (Iess 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, material men and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by the City. In the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the Work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the 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 Contract No. 22300136 Constriction Agreement Over $50,000 Form 07-72-2021 Pige1' Page 184 of 345 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, Iimits and endorsements required are as set forth below. During the term of this Agreement Contractor's insurance policies shall meet the minimum requirements of this section, 27.02 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability, (c) Excess Liability — required for contract amounts exceeding $ 1,000,000. (d) 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. (e) Workers' Compensation/ Employer's Liability. 27.03 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply. (a) Only licensed Insurance Carriers authorized to do business in the State of Texas will be accepted. (b) Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. (c) "Claims Made" policies are not accepted. (d) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City of College Station. The City of College Station, its agents, 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 agents, officials, employees or volunteers. (e) 27.04 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated "A: Vlll" or better in accordance with the current A.M. 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. Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-72-2021 Page 24 Page 185 of 345 (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 the City's review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. 27.05 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) (b) (e) Business Automobile Liability insurance shall be written by a carrier rated "A-V1II" or better in accordance with the current A.M. Best Key Rating Guide. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned autos, leased or rented autos, non -owned autos, anv autos and hired autos. Pollution Liability coverage shall be provided by endorsement MCS-90. with a limit of $1,000,000.00, where such exposures exist. (e) 27.06 Excess Liability. The following Excess Liability requirements shall apply: Unless otherwise agreed in writing, excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the Agreement, whichever is greater, per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000 in total value. 27.07 Additional Insured. Those policies set forth in Sections 27.04, 27.05, and 27.06 shall contain an endorsement listing 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 acceptable to the City. Waiver of subrogation in a form acceptable to the City shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached hereto as Exhibit C, and approved by the City before Work commences. 27.08 Builder's Risk Until the Work is completed and accepted by the City, the Contractor shall purchase and maintain builder's risk insurance upon the entire Work at the Project site to the full insurable value thereof. The builder's risk insurance Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page 2 Page 186 of 345 shall also cover portions of the Work stored off site after written approval of the City of the value established in the approval, and also portions of the Work in transit. This insurance shall include the interests of the City, the Contractor, subcontractors and sub -subcontractors in the Work and shall insure against the perils of fire, wind, storm, hail, lightning and extended coverage including flood and earthquake and shall include all-risk insurance for physical loss or damage, including, without duplication of coverage, theft, vandalism and malicious mischief. The insurance shall cover reasonable compensation for City's Consultant's services and expenses required as a result of an insured loss. This must be an all-risk policy incorporating the following language: Permission is given for the Project insured hereunder to became occupied, the insurance remaining in frill force and effect until such time as the Project has been accepted by the City, all as currently approved by the Texas Board of Insurance Commissioners When permissible by law, the Certificate of insurance must include the names of the insured Contractor and the City. The deductible under the policy, including that for flood shall not exceed $ 1 0❑,00O.00 without the written approval of the City. 27.09 Workers' Compensation/Employer's Liability Insurance. The following Workers' Compensation Insurance requirements shall apply. (a) (b) Pursuant to the requirements set forth in Title 28, Section 1 10.1 10 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 used. Workers' Compensation/ Employer's Liability 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. Contract No. 223a 1136 Consiniction Agreement Over $50.t1[ii1 Form 07-22-2021 Page 1 2(, Page 187 of 345 (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 govertnnental entity. Persons providing services on the project ("subcontractors" in § 406.096 jaf 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 fiirnishes 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, once supply deliveries, and deliver' ofportahle toilets. B. The Contractor shall provide coverage, based On proper reporting of classification codes and payroll amounts and filing ofany coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44)far 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 gorernrrremal 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 E. The Contractor shall obtain f►vrn 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 Contract No. 22300136 Constriction Agreement Over $50,000 Form 07-72-2021 Page 1 2 7 Page 188 of 345 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 oft -overage ends during the duration of the project. The Contractor shall retain all required certificates of coverage fin- the duration of the project and for one year thereafter. G. The Contractor shall not f' the goverTrrnental entity in writing by certified mail or personal deliver, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision ofcoverage ofany 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 he covered, and stating how a person may verb coverage and report lack of coverage. 1. The Contractor shall contractually require each person with whore 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 whore it contracts, and provide to the Contractor: (a) A cerlificcsre of coverage, prior to the other person beginning work on the project; and (h) 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 oil file Jrothe duration of the project and fir one year thereafter; (6) riot(' the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that Contract No. 22300136 Constniction Agreement Over $50,000 Form 07-22-2021 Pagel 2N Page 189 of 345 materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whore it contracts 10 pe► fcn m as required by Sections (a) - (g), with the certificates ofcoverage to be provided to the person for whore they are providing services. J. By signing this Agreement, or providing, or causing to he 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 he based on proper reporting of classcatiotr codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case ofa self -insured, with the Commission's Division of Self. -Insurance Regulation. Providing false or misleading information may subject the Contractor to administratn'e 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 10 declare the Agreement void ifthe Contractor does not remedy the breach within le calendar days after receipt of notice of breach .from the governmental entity. " 27.09 Certificates of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance -approved fonn, and shall contain the following provisions and warranties: (a) The company is authorized to do business in the State of Texas. (b) The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Department of Insurance or ISO. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 28. BOND PROVISIONS (c) 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 Chapter 3503 of the Texas Insurance Code, all other applicable taw, and the following: ) 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 fortes required by the Contract Documents, which are attached as Exhibit B, together with valid Contract No. 22300136 Constniction Agreement Over $50,000 Form 07-22-2021 Page 29 Page 190 of 345 original powers of attorney, at the time of execution of this Agreement by Contractor and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit B. (d) The performance and payment bonds shall remain in effect fora period of one (1) year after Final Completion of the Work and shall be extended for any warranty work to cover the warranty period. (e} If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02 The Contractor may make such changes and alterations as the City may require in the Work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned, in accordance with the provisions of Article 17. 29. SURETY 29.01 If the Contractor has abandoned the Project or the City has terminated the Contract for cause and the 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: (a) The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the Work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. (b) The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the Work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what 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 Section 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 Project site, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor at its respective address designated in this Agreement provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page 30 Page 191 of 345 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 terns of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the Project site shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01 The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. 30.02 The Contractor shall perform and require all subcontractors to perform the Work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 30.03 The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01 All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attu.: 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 he replaced or compensated for by the Contractor at its own cost and expense. 31.04 Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in Section 1.11, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atrnosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as defined in Section 1.12). In the event Contractor engages in any of the activities prohibited in this Section 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every Contract No. 22300136 Constniction Agreement Over $50.000 Form 07-22-2021 Page ;1 Page 192 of 345 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 section 31.04. 31.05 In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work iii 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 reswne work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been reniediated and/or rendered harmless. 31.07 It is the Contractor's responsibility to comply with all Environmental Laws (as defined in Section 1.12 of this Agreement) based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas Iaw regarding trench excavation exceeding live feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Subchapter 756 of the Tex. Health & Safety Code Ann. §756.022-023, and the requirements of 29 C.F.R., Subpart P - Excavations (sections 1926_650 et. seq.) of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. 32.03 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty, responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 32.04 The Contractor must provide the City the name of the "competent person" required by OSHA standards to perform the trench safety inspections. The Contractor trust 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. Contract No.22300136 Constriction Agreement Over $50.000 Form 07-72-2021 Pigc 112 Page 193 of 345 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench_ 33. INDEMNITY 33.01 CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THE CONTRACT DOCUMENTS. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02 The indemnification contained in Section 33.01 shall include but not be limited to the follo►‘ ing specific instances: (a) The City is damaged tine to the act, omission, mistake, fault or default of the Contractor. (b) In the event of any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) In the event of any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. (d) In the event of any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. (e) The removal of all debris related to the Work. (f) The acts and omissions of the subcontractors it hired. (g) The Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 33.03 The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (I) 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. Contract No. 22300136 Constriction Agreement Over $50,000 Form 07-72-2021 Page 1 3 3 Page 194 of 345 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 Section 33.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 33.05 The indemnity provisions provided herein shall survive the termination or expiration of this Agreement. 33.06 The indemnification obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers compensation acts, disability benefit acts or other employee benefit acts. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 34. RELEASE 34.01 The Contractor assumes full responsibility for the Work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's Work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 35. PERMITS AND LICENSES 35.01 The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the Work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 36. ROYALTIES AND LICENSING FEES 36.01 THE CONTRACTOR SHALL PAY ALL ROYALTIES AND LICENSING FEES. THE CONTRACTOR SHALL HOLD THE CITY HARMLESS AND INDEMNIFY THE CITY FROM THE 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 Contract No. 22300136 Constriction Agreement Over $50,000 Form 07-22-2021 Page 1 3 4 Page 195 of 345 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 Iaw, 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) !f the Contractor shall fail to remedy any default after written notice thereof from City's Representative, as City's Representative shall direct; or (b) If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or (c) if the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 38. TERMINATION FOR CAUSE 38.01 At any time, and without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety for any of the following: (a) lithe Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors and, after notice, fails to provide adequate assurance that it can remedy all of its defaults; or (b) If a receiver, trustee, or liquidator of any of the property or income of the Contractor is appointed; or (c) If the Contractor fails to prosecute the Work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or (d) If the Contractor fails to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or (e) If the Contractor fails for any reason other than the failure by City's Representative to make payments called upon when due; or (f) If the Contractor abandons the Work. Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page Page 196 of 345 (g) If the Contractor commits a material default under any of the terns, provisions, conditions, or covenants contained in this Agreement. 39. TERMINATION FOR CONVENIENCE 39.01 The performance of the Work may be teni}inated at any time in whole or, from time to time, to part, by the City for its convenience_ Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the Work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE 40.01 If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the Work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the Work itself or by others, pursuant to the foregoing, then the Contractor andlor 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 andlor correcting work by the Contractor that fails to meet any requirement of this Agreement or the other Contract Documents. 41. CLOSE OUT 41.01 After receipt of a notice of termination, whether for cause or convenience, unless otherwise directed by City's Representative, the Contractor shall, in good faith and to the best of its ability, do all things necessary in the light of such notice to assure the efficient and proper closeout of the terminated work (including the protection of City's property). Among other things, the Contractor shall, except as otherwise directed or approved by City's Representative, do the following: (a) Stop the work on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts for services, equipment, or materials, except as may be necessary for completion of such portion of the Work as is not terminated; (c) Terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by the notice of termination; Contract No. 2230013E Constriction Agreement Over S50.000 Form 07-22-2021 Page ;r Page 197 of 345 (d) Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Repre- sentative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (ej 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. 42. TERMINATION CONVERSION 42.01 Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Section 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a termination for convenience pursuant to Section 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 Section 39. 43. HIRING 43.01 During the term of this Agreement and fora period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT 44.01 This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City_ 45. EFFECTIVE DATE 45.01 This Agreement goes into effect when duly approved by all the parties hereto and is contingent upon Contractor obtaining the bonds required herein. 46. OTHER TERMS 46.01 Invalidity. If any provision of this Agreement shall be held to be invalid, iIIegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein Contract No. 22300136 Construction Agreement aver S50.000 Form 07-22-2021 Page 1 37 Page 198 of 345 excluding the additions by Contractor_ In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. 46.03 Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.04 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.05 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 46.06 Mediation. After receipt of a written notice of a claim, the City may elect to refer the matter to the City's Consultant, City's Representative or another party for review. Contractor will attend meetings called to review and discuss the claims and mitigation of the probletn, and shall furnish any reasonable factual backup for the claim requested. The City may also elect to defer consideration of the claim until the Work is completed, in which case the same review options shall be available to the City at the completion of the Work. At any stage, the City, at its sole discretion, is entitled to refer a claim to mediation under the Construction Industry Mediation Rules of the American Arbitration Association, and, if this referral is made, Contractor will take part in the mediation process. The filing, mediation or rejection of a claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under City's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in College Station, Texas. 46.07 Arbitration. In the event of a dispute and upon the tnutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.08 Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 46.09 Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this Agreement. 46.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. Contract No. 22300136 Constriction Agreement Over S50.000 Form 07-22-2021 Page Page 199 of 345 46.11 Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.12 Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and constnied to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.13 Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.14 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.15 Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. 46.16 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) Boycott Israel. If this Contract is for goods and services subject to § 2270.002 Texas Government Code, Contractor verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract; (b) Boycott Firearms. if this Contract is for goods and services subject to § 2274.002 Texas Government Code, Contractor verifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Contractor herein verifies that it i) does not boycott energy companies; and ii) wiIl not boycott energy companies during the term of this Contract. ConlraCt No. 22300136 Constniction Agreement Over S50.000 Fonn 07-72-2021 Pigc Page 200 of 345 List of Exhibits A. Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule F. Schedule of Values AIR CLEANING TECHNOLOGIES, INC. CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: Title: Date: APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Contract No. 2230013E Construction Agreement Over S50.000 Form 07-22-2021 Page4[ Page 201 of 345 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 22300136 Canstnicrion Agreement Over $;50.000 Form 07-22-2021 Page 202 of 345 11/10/21 3.34 PM SAMgov "General Decision Number: TX20210234 07/09/2021 Superseded General Decision Number: TX20200234 State: Texas Construction Type: Building County: Brazos County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes ❑r apartments up to and including 4 stories). Note: Under Executive ❑rder (EC)) 13658, an hourly minimum wage ❑f $10.95 for calendar year 2021 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed ❑n this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance ❑f work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the ED minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the ❑avis-Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 1 03/12/2021 2 07/09/2021 801L0074-003 01/01/2017 Rates Fringes BOILERMAKER $ 28.00 22.35 ELEV0031-003 01/01/2021 Rates Fringes ELEVATOR MECHANIC $ 45.48 36.365 FOOTNOTES: A. 6% under 5 years based on regular hourly rate for all hours worked. S% over 5 years based on regular hourly rate for all hours worked. 6. Holidays: New Year's Day; Memorial Day; Independence Day; Labor ❑ay; Thanksgiving Day; Friday after Thanksgiving Day; Christmas Day; and Veterans Day. https; //sa m ,gov/wag e-d eterm f nat io n/TX20210234/ 2 Page 203 of 5 11 /10/21, 3:34 PM SAM.gov ENGI0178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane $ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under $ 32.35 13.10 IRON0084-011 06/01/2020 Rates Fringes IRONWORKER, ORNAMENTAL $ 25.26 7.13 PLUM0068-002 10/01/2020 Rates Fringes PLUMBER $ 36.15 11.88 * PLUM0211-002 04/01/2021 Rates Fringes PIPEFITTER (HVAC Pipe Installation Only) $ 35.68 12.46 * PLUM0286-011 06/07/2021 Rates Fringes PIPEFITTER (Excludes HVAC Pipe Installation).,, $ 32.05 14.92 SHEE0054-002 04/01/2020 Rates Fringes SHEET METAL WORKER (HVAC Duct Installation Only) $ 29.70 13.85 SUTX2014-009 07/21/2014 Rates Fringes BRICKLAYER $ 20.00 0.00 CARPENTER, Excludes Form Work,$ 14.56 0.00 CEMENT MASON/CONCRETE FINISHER$ 14.68 0.00 ELECTRICIAN $ 22.96 4.83 FORM WORKER $ 11.83 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) $ 19.77 7.13 https: //sa m .govlwag e-d eterm f nat io nfFX2021023412 Page 204 of'3t5 11/10/21, 3'34 PM IRONWORKER, REINFORCING IRONWORKER, STRUCTURAL LABORER: Common ❑r General $ 13.35 $ 20.74 $ 11.57 LABORER: Mason Tender - Brick...$ 10.96 LABORER: Mason Tender - Cement/Concrete $ 9.93 LABORER: Pipelayer $ 12.49 LABORER: Roof Tearoff $ 11.28 OPERATOR: Backhoe/Excavator/Trackhoe $ 14.33 OPERATOR: Bobcat/Skid Steer/Skid Loader $ OPERATOR: Bulldozer....... OPERATOR: Drill $ OPERATOR: Forklift $ OPERATOR: Grader/Blade OPERATOR: Loader OPERATOR: Mechanic OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 OPERATOR: Roller $ 13.11 PAINTER (Brush, Roller, and Spray) $ 13.14 ROOFER $ 13.75 SHEET METAL WORKER, Excludes HVAC Duct Installation TILE FINISHER TILE SETTER TRUCK DRIVER: TRUCK DRIVER: TRUCK DRIVER: Truck $ $ $ 13.93 18.29 16.22 15.00 14.34 14.01 17.52 $ 14.62 $ 11.22 $ 14.74 ❑ump Truck $ 11.97 Flatbed Truck $ 19.65 Semi -Trailer $ 12.50 TRUCK DRIVER: Water Truck $ 12.00 SAMgov 0.00 5.25 0.00 0.00 0.00 2.13 0.00 0.00 0.00 1.31 0.34 0.00 1.68 0.44 3.33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.23 8.57 0.00 4.11 WELDERS - Receive rate prescribed for craft performing ❑peration to which welding is incidental. https;//sarn. goy/wag e-determhat ion/TX2021023412 Page 205 ofY15 11 /10/21, 3:34 PM SAM.gov Note: Executive Order (ED) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) ❑n or after January 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; t❑ assist a family member (or person who is like family t❑ the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or t❑ assist a family member (or person wh❑ is like family to the employee) who is a victim of, domestic violence, sexual assault, ❑r stalking. Additional information on contractor requirements and worker protections under the E❑ is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" ❑r ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based ❑n all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and https; //sa m ,gov/wag e-d eterm f nat io n/TX20210234/ 2 Page 206 of`45 11/10/21, 3:34 PM SAMgov non -union rates. Example: SULA2012-007 S/13/2014. SU indicates the rates are survey rates based on a weighted average calculation ❑f rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% ❑f the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position ❑n a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard t❑ any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour ❑ivision U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer t❑ the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator https; //sa m ,gov/wag e-tl eterm f nat io n/TX20210234/ 2 Page 207 of �35 11/10/21, 3:34 PM (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: SAM_gov Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) A11 decisions by the Administrative Review Board are final. END OF GENERAL DECISION" https; //sa m ,gov/wag e-d eterm f nat io n1TX20210234/ 2 Page 208 o&5 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 (l & 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 journeyman working as a crew. 5. Except for Heavy/Highway Construction, building construction wage rates shall be paid to all workers except those workers engaged in site work and construction beyond five feet of buildings Contract No. 22300136 Constriction Agreement Over $50.000 Form 07-22-2021 Page 209 of 345 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 22300136 Cansrniction Agreement Over $50.000 Form 07-22-2021 Page 210 of 345 PERFORMANCE BOND Bond No. THE STATE OF TEXAS THE COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: THAT WE, Air Cleaning Technologies, Inc. , as Principal, hereinafter called "Contractor" and the other subscriber hereto , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of One Hundred Eighty -Five Thousand Four Hundred Twenty -Three and 00 /100 Dollars ($ 185,423.00 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 College Station for Installation of Vehicle Exhaust Removal Systems at Fire Stations *3, #5. and #6: as formally described in ITB 22-021 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 (30) days from the acceptance of the Work 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 Contract No. 22300136 Constniction Agreement Over $50.000 Form 07-22-2021 Page 211 of 345 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. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond and it does hereby waive notice of any such change in Contract Time or Contract Sum. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the Work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to 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. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. Contract No. 22300136 Construction Agreement Over $50.00 Form 07-22-2021 Page 212 of 345 Bond No. FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) Air Cleaning Technologies, Inc. By: By: Name: Name: Title: Title: Date: 1/13/22 Date: 1113122 FOR THE SURETY: ATTESTIWITNESS (SEAL) (Full Name of Surety) By: Name: (Address of Surety for Notice) Title: Date 1/13/22 By: Name: Title: Date: 1/13/22 FOR THE CITY: REVIEWED.• THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS; City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. Contract No. 22300136 Consrnrction Agreement Over $50.000 Form 07-22-2021 Page 213 of 345 TEXAS STATUTORY PAYMENT BOND Bond No. THE STATE OF TEXAS THE COUNTY OF BRAZOS § KNOW ALL M.EN BY THESE PRESENTS: THAT W E, Air Cleaning Technologies, Inc. , as Principal, hereinafter called "Principal" and the other subscriber hereto , a corporation organized and existing under the laws of the State of , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of One Hundred Eighty -Five Thousand Four Hundred Twenty -Three and 00 /100 Dollars ($ 185,423.00 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the day of January as formally described in ITB 22-021 13 20 22 , for lnstallaiion of Vehicle Exhaust Removal Systems at Fire Stations #3_ #5, and referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the Work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond, and it does hereby waive notice of any such change in Contract Time or Contract Sum. A copy of surety agent's "Power of Attorney" must be attached hereto, IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Contract No. 22300136 Construction Agreement Over $50.000 Form 07-22-2021 Page 214 of 345 Bond No. FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) Air Cleaning Technologies, Inc. By: By: Name: Name: Title: Title: Date: 1/13/22 Date: FOR THE SURETY: ATTEST/WITNESS (SEAL) 1/13/22 (Full Name of Surety) By: Name: (Address of Surety for Notice) Title: Date 1/13/22 By: Name: Tide: Date: 1/13/22 FOR THE CITY: REVIEWED: THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager N()TE: Date of bonds must be on or after the date of execution hr City . Contract No. 22300136 Construction Agreement Over $50,110X Form 07-22-2021 Page 215 of 345 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 22300/36 Construction Agreement Over $;50.000 Form 07-22-2021 Page 216 of 345 EXHIBIT D PLANS AND SPECIFICATIONS Fer All Specifications, Flans and Drawings as formally described in ITB 22-021 - Installation of Vehide Exhaust Removal Systems at Fire Stations #3, #5, and #6. Contract No. 22300136 Construction Agreement Over $50,000 Form 07-22-2021 Page 217 of 345 EXHIBIT E CONSTRUCTION SCHEDULE Contract No. 22300136 Construction Agreement Over $50,000 Form 07-22-2021 Page 218 of 345 EXHIBIT F SCHEDULE OF VALUES Contract No.22300136 Consrnrction Agreement Over $50.0(10 Form 07-22-2021 Page 219 of 345 1300 West D Mt S1. Broken Arrow, OK 74012 MEMO Date: December 21, 2021 To: The City of College Station From: Patrick Smith Executive Vice President Re: Addendum to the Original Vehicle Exhaust Bid 918-251.8O00 •• 918-251-4977 800-351-1858 w. w.aircleamngteeh.com cleaning TECHNOLOGIES The intent of this addendum to the original bid submitted by Air Cleaning Technologies, Inc., in response to ITB 22-021, is to offer reduced unit bid pricing to the City of College Station. This pricing is offered in accordance with all terms and conditions, and specifications contained in ITB 22-021. Page 220 of 345 CONTRACTOR'S PROPOSAL Please type or write legibly in blue or black ink. A unit price is required for all bid items. if there are discrepancies between unit prices and totals, the unit price will prevail. Please initial all corrections and do not round totals. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL Provide and Install Vehicle Exhaust Removal l 3 EA Systems (Plymovent "Or Equal") at Fire Station #3 1900 Barron Road Subtotal: $ 14,633.33 5 43 00 0.00 S 43.900.00 ITEM QTY UNIT [JN'1 DESCRIPTION PRICE TOTAL Provide and Install Vehicle Exhaust Removal 4 EA Systems (Plymovent "Or Equal") at Fire Station #5 1601 William D. Fitch Parkway Subtotal: 5 13,475.00 5 53,900.00 5 53,900.00 ITEM QTY UNIT Mit DESCRIPTION UNIT PRICE TOTAL Provide and Install of Vehicle Exhaust Removal 4 EA Systems (Plymovent "Or Equal") at Fire Station 1#6 610 University Drive East Subtotal: $ 20,775.00 $ 83400.00 5 83,100.00 If Performance & Payment Bond Required ADD 5 4„52100 Total Base Bid $ 185,423.00 Specify: Mfg. and part numbers) of Plymovent "Or Equal" proposed system: Station #3 (3) Plymovent MRP-201-B, (1) TEV559-60 Fan, (1) 0S-3 Control Panel Station #5 Station #6 (3) Plymovent MRP-201-B, (1) Plymovent VSR-201-B, (1) TEV559-60 Fan, (1) 0S-3 Control Panel (2) Plymovent MRP-1001-D, (2) Plymovent SBT-21-B, (1) TEV559-60 Fan, (1) 0S-3 Control Panel TOTAL number of calendar days to substantial completion: 120 Number of Addenda is hereby acknowledged: -0- The following must be included in sealed bid packages: • Alternate (or Equal) bids shall include documentation as to quality and function, including manufacturers' specifications, to demonstrate the proposed alternate is equal to the specified system • A current ISO certificate must be included in the bid package from the manufacturer of the system. + Five (5) percent bid security ITB 22-021 Installation of Vehicle Exhaust Removal Systems at Fire Stations #3, #5, and #6 16 Page 221 of 345 CONTRACTOR'S PROPOSAL Please type or write legibly in blue or black ink. A unit price is required for all bid items. If there are discrepancies between unit prices and totals, the unit price will prevail. Please initial all corrections and do not round totals. ITEM QTY UNIT DESCRIPTION L Provide and Install Vehicle Exhaust Removal 3 EA Systems (Plymovent "Or Equal") at Fire Station #3 1900 Barron Road Subtotal: UNIT PRICE $ 15,500.00 TOTAL $ 46,500.00 $ 46.500.00 ITEM QTY UNIT UNIT DESCRIPTION . 1'RJCE TOTAL Provide and Install Vehicle Exhaust Removal 2 4 EA Systems (Plymovent "Or Equal") at Fire Statio 1 601 William D. Fitch Parkway ITEM QTY UNIT 3 4 EA DESCRI Provide and Install of Vehicich.. Removal Systems (Plymovent "' - . ua t ' e Station #6 610 University Driv 4,225.00 $ 56,900.00 $ 56,900.00 Specify: Mfg. and par Station #3 (3) Ply Station #5 Station #6 (3) Plymo (2) Plymoven UNIT PRICE $ 24,225.00 Subtotal: Total Base Bid erFormanee & Payment Bond Required ADD Plymovent "Or Equal" proposed system: 201-B, (1) TEV559-60 Fan, (1) 0S-3 Control Panel 201-B, (1) Plymovent VSR-201-B, (1) TEV559-60 Fan, (1) 08-3 Control Panel P-1001-D, (2) Plymovent SBT-21-B, (1) TEV559-60 Fan, (1) 0S-3 Control Panel TOTAL $ 96,900.00 $ 96,900.00 $ 200,300.00 $ 5,007.50 TOTAL number of calendar days to substantial completion: 120 Number of Addenda is hereby acknowledged: -0- The following must be included in sealed bid packages: • Alternate (or Equal) bids shall include documentation as to quality and function, including manufacturers' specifications, to demonstrate the proposed alternate is equal to the specified system • A current ISO certificate must be included in the bid package from the manufacturer of the system. • Five (5) percent bid security ITB 22-021 Installation of Vehicle Exhaust Removal Systems at Fire Stations #3, #5, and #6 16 Page 222 of 345 1300 West De!roil SI. Broken Arrow, OK 74012 918.251-B000 918-251-4977 800-351.1858 Wv W.aircIeanirlg1ech.cOn1 DATE: NOVEMBER 26, 2021 TO: r I i cleaning TECHNOLOGIES CITY OF COLLEGE STATION - PURCHASING DIVISION 1101 TEXAS AVENUE, SUITE 201 COLLEGE STATION, TEXAS 77840 FROM: PATRICK SMITH EXECUTIVE VICE PRESIDENT AIR CLEANING TECHNOLOGIES, INC. PL YMO VENT VEHICLE EXHAUST REMOVAL SYSTEMS 1300 WEST DETROIT STREET BROKEN ARROW, OKLAHOMA 74012 PHONE: 800-351-1858 / 918-251-8000 CELL: 918-829-1767 FAX: 918-251-4977 E-MAIL: psmithCa7aircleaninatech.com RE: SEALED BID - BID NUMBER 22-021 CITY OF COLLEGE STATION PURCHASING DIVISION INSTALLATION OF VEHICLE EXHAUST REMOVAL SYSTEMS AT FIRE STATIONS #3, #5 AN❑ #6 • BID DUE: TUESDAY, NOVEMER 30, 2021 @ 2:00 PM • IN ACCORDANCE WITH BI❑ SPECIFICATIONS FOR VEHICLE EXHAUST REMOVAL SYSTEM • ACKNOWLEDGMENT - NO ADDENDUM • BID IS A TURNKEY PROJECT PRICE Page 223 of 345 1300 west 084011 St. Broke i1 Arrow, OK 74012 Air Cleaning Technologies, Inc. is pleased to provide the following Turnkey Proiect Bid for all materials and labor for the installation of the Plymovent Vehicle Exhaust Removal System for the CITY OF COLLEGE STATION FIRE STATIONS #3, #5 AND #6. A. INCLUSION FOR SCOPE OF WORK: COLLEGE STATION FIRE DEPARTMENT FIRE STATIONS #3, #5 AND #6 STATION #3 918-251-8000 • 918.251.4977 800-151.1858 mw.ei rc I flan If Igtech.coni c tiicleaning TECHNOLOGIES • (3) Plymovent 20' Mini Rail Profile System, Model MRP-201-B, For Back -in Utilization with Magnetic Grabbers • (1) Plymovent 5 HP l 3 Phase 208-230V, Model TEV 559-60 Fan • ( 1 ) Plymovent Control Panel with Motor Starter, Model 0S-3 and NEMA Safety Disconnects FIRE STATION #3 STATION #5 $ 46,500.00 (3) Plymovent 20' Mini Rail Profile System, Model MRP-201-B, For Back -in Utilization with Magnetic Grabbers • ( 1 ) Plymovent 20' Vertical Stack Rail, Model VSR-201-B, For Back -in Utilization • ( 1 ) Plymovent 5 HP 13 Phase 208-230V, Model TEV 559-60 Fan • (1) Plymovent Control Panel with Motor Starter, Model 0S-3 and NEMA Safety Disconnects FIRE STATION #5 STATION #6 $ 56,900.00 • (2) Plymovent 100' Mini Rail Profile System, MRP-1001-D, For Drive-thru Utilization with Magnetic Grabbers • (2) Plymovent 20' Sliding Balancer Tracks, Model SBT-21-B, For Back -in Utilization with Magnetic Grabbers • (1) Plymovent 5 HP 13 Phase 208-230V, Model TEV 559-60 Fan • (1) Plymovent Control Panel with Motor Starter, Model 05-3 and NEMA Safety Disconnects FIRE STATION #6 INCLUDED IN SCOPE OF WORK FOR EACH STATION: $ 96,900.00 • Firefighter Training • Wireless Start System. • System Start-up and Testing. • Lot of Clamping Galvanized Duct. • Includes Standard Tailpipe Adapters. • Professional Core Drilling, if applicable. • 5-Year Material and Workmanship Warranty. • Electrical Wiring and Conduit by Licensed Electrical Sub -Contractor, • All Materials and Labor for Complete Mechanical Systems Installation in Accordance with the International Mechanical Code and Specifications. • All workmanship, manufacturing procedures, airflow design and materials are Performance Guaranteed. Page 224 of 345 1300 W891 Oelroit Si. Broken Arrow, OK 74012 r, 1. 018.251.8000 !AY 918.251.4977 800.351.185E www.8ircleaningtech.conl EXCLUDED FROM SCOPE OF WORK: • Seismic Engineering/Strapping. • PE Stamped Structural Drawings.. aa •� • Assumes Adequate Power available for System Addition. airECHN LOG EN • Paint and Primer for Duct and Structural Supports, if applicable. • Roof Penetration, Roof Seal and Roof Curb(s) to be provided by others, if applicable. TOTAL TURNKEY PROJECT BID FOR CITY OF COLLEGE STATION FIRE STATIONS #3, #5 AND #6 $ 200,300.00* *If Performance and Payment Bonds ADD $ 5,007.50 Required Add: November 26. 2021 Patrick Smith Date Page 225 of 345 GENERALISUB-CONTRACTOR'S EXPERIENCE AND DATA INFORMATION Name of Company: Air Cleaning Technologies, Inc. Company Years in Business: 41 Years List Municipal Projects (Similar Projects in Size and Scope Completed in Last Five Years) Project College Station Sta. #1, 2 & 4 El Paso Station #5 & 37 Houston 30 Stations Houston 15 Stations Rockwall Sta. #1,2,3 & 4 Texarkana Ste. #1. 2, 3.. 4, 5 Municipality City of College Station City of El Paso City of Houston City of Houston City of Rockwall City of Texarkana. AR $ Amount $ 184,979.00 $ 217,300.00 $ 1,580,000.00 $ 740,450.00 $ 201,800.00 $ 191.500.00 Track/Rail Rails Irack/RailllVSR Track/Rail Track/Rail Track/Rail Type Date 2020 2020 2020 2019 2020 2020 i Superintendent & Project Manager Information Include Superintendent proposed for the project, years of experience as superintendent, project manager proposed for the project, and years experience as project manager Superintendent Patrick Smith Project Manager James Rice Ed Richards Years Experience 26 Years Years Experience 20 Years 9 Years Projects Fire and Industrial Projects Projects College Station, Texarkana, Austin Houston , El Paso, Rockwall, San Antonio i I !TB 22-021 Installation of Vehicle Exhaust Removal Systems at Fire Stations #3, #5, and #6 17 Page 226 of 345 References: Name 10 projects of similar work, giving owner's name, representative's name, project engineers name, and telephone numbers for each 1. See Attached 2. 3. 4. 5. t1B 22-021 Installation of Vehicle Exhaust Removal Systems at Fire Stations #3, #5, and #6 Page 227 of 345 1300 West Detroit St. Broken Arrow, OK 74012 REFERENCE LIST MAGNETIC GRABBER INSTALLATIONS PLYMOVENT VEHICLE EXHAUST VENTILATION SYSTEMS FIRE STATION 1. Abilene Fire Department 250 Grape Street Abilene, Texas 79601-5607 Captain Randall SeaIf (325) 676-6676 2. Addison Fire Department Town of Addison, General Services 16801 Westgrove Drive Addison, Texas 75001 Ms. Ashlee Powell (972) 450-2894 3. Allen Fire - Rescue 310 Century Parkway Allen, Texas 75013 Assistant Chief Richard Vaughn (214) 509-4405 4. Austin Fire Department 4201 Ed Bluestein Blvd. Austin, Texas 78721 Battalion Chief Peter'l'eliha 5. Austin -Travis County EMS 15 Waller Street Austin, Texas 78702 Commander Rick Rutledge (512) 974-0113 (512) 940-3794 6, Bartlesville Fire Department 601 South Johnstone Bartlesville, Oklahoma 74003 Chief John Banks (918) 338-4098 7. Bedford Fire Department 1816 Bedford Road Bedford, 'Texas 76021 Deputy Chief James Richardson (817) 952-2500 8. Bella Vista Fire- EMS 103 Town Center Bella Vista, Arkansas 72714 Chief Steve Sims 9. Bentonville Fire Department 800 SW A Street Bentonville, Arkansas 72712 Chief Brent Boydston (479) 855-8248 (479) 271-3151 # OF PLYMOVENT STATIONS FIRE STATION 10. Bentonville Police Department —Bomb Unit 9 908 SE 14"' Street Bentonville, Arkansas 72712 Sgt Russell Hinds I 918.251.8000 .M 918-251.4977 800-351-1858 www.airereeoinoieoh.com al � ;•ELH Hfl LOfing (479) 271-3173 I1, Bethel lleiglrts Fire Department 2 675 Sunrise Drive Bethel Heights, Arkansas 72764 Chief Michael Morris (479) 751-1757 12. Blackwell Fire Department 4 224 West Blackwell Ave Blackwell, Oklahoma 74631 Chief Cory I-ianebrink (580) 363-5490 Ext 37 13. Boerne Fire Department 36 726 North Main Boerne, Texas 78006 Chief Ray Hacker (830) 249-3644 14. Broken Arrow Fire Department (Tulsa Metro) 35 120 West Kenosha Broken Arrow, Oklahoma 74012 Ext. 6355 Chief Jeremy Moore (918) 259-$360 15. Brownsville Fire Department 5 1150 East Adams Street, 2" Floor Brownsville, Texas 78520 ChiefJarett Sheldon 16, Bryant Fire Department 3 312 Roya Lane Bryant, Arkansas 72022 Chief J. 1'. Jordan (956) 546-3195 (501) 943-0943 17. Camp IT. Robinson Fire Department 4 Arkansas State Military Department 7200 Arkansas Avenue North Little Rock, Arkansas 72199-9600 Chief Stanley Crisp (501) 212-5283 7 18. Carrollton Fire Rescue (Dallas Metro) 1111 West Belt Line Road, # 100 Carrollton, Texas 75006 Chief Gregg Salmi (972) 466-3070 # OF PLYMOVENT STATIONS 1 1 1 1 6 9 3 2 8 Page 228 of 345 1300 West Dolmll5l. Broken Arrow, OK 74012 918-251-8000 nx 918-251-4977 800.351-1858 mww.ahrl eanin9tech.cum REFERENCE LIST MAGNETIC GRABBER INSTALLATIONS arcleaning PLYMOVENT VEHICLE EXHAUST VENTILATION SYSTEMS TECHNOLOGIES FIRE STATION 19. Claremore Fire Department 104 South Muskogee Avenue Claremore, Oklahoma 74017 Battalion Chief Ken Willhoite 20. College Station Fire Department 300 Krenek Tap Road College Station, Texas 77842 Chief Scott Giffen 21. Collinsville Fire Department 1214 West Main Street Collinsville, Oklahoma 74021 Chief Harold Call Ext.l95 (918) 341-1477 (979) 764-3705 (918) 371-I020 22. Collinsville Rural Fire Protection District 1018 South 12"' Street Collinsville, Oklahoma 74021 Chief Jim Wilson (918) 371-4854 23. Dallas Fire Rescue 5000 Dolphin Road Dallas, Texas 75223 Division Mgr J. D. Travis 24. Edmond Fire Department 5300 East Covell Edmond, OK 73034 Chief Chris Goodwin 25. El Dorado Fire Department 204 North West Avenue El Dorado, Arkansas 71731) Deputy Chief Sean McCall (214) 670-8918 (405) 216-7304 (870) 881-4855 b Os PLVMOVENT STATIONS FIRE STATION 28. Farmers Branch Fire Department 4 13333 Hutton Drive Farmers Branch, Texas 75234-9241 Deputy Chief David Latimer (972) 919-2649 29. Fayetteville Fire Department 3 303 West Center Fayetteville, Arkansas 72701 Assistant ChierThomas Good 1 1 69 30. Flower Mound Fire Department 3838 Forums Drive Flower Mound, Texas 75028 Chief Paul Henley 31. Fort Smith Fire Department 200 North 514 Street Fort Smith, Arkansas 72901 Assistant Chief Boyd Waters 32. Fort Worth Naval Air Station 1425 Carswell Avenue Fort Worth, Texas 76127 Chief Paul W. Murray (479) 575-8365 (972) 874-6270 (479) 783-4052 (817) 782-6331 33. Frisco Fire Department 5 8601 Gary Burns Drive Frisco, Texas 75034 Battalion Chief Todd llumbarger (972) 292-6460 34. Georgetown Fire Department 3 3500 D.B. Woods Road Georgetown, Texas 78628 Chief John Sullivan 26. El Paso Fire Department 35. Grand Prairie Fire Department 8600 Montana Avenue 1416 N. Stanton 10 1525 Arkansas Lane, 3`d Floor El Paso, Texas 79925 Grand Prairie, Texas 75052 Chief Terry Kcbschnll (915) 771-1071 Assistant Chief Mike Sieg 27. Ennis Fire Department 206 South Dallas Street Ennis, Texas 75119 Deputy Chief Bill Evans (972) 875-1234 36. Grapevine Fire Department 2 1007 irs E Woods Ave Grapevine, Texas 76051 Deputy Chief Kent Short (512) 930-3473 [972) 237-8302 (817) 410.4400 t OF PLYMOVENT STATIONS 3 7 7 5 2 9 2 6 Page 229 of 345 1300 West Delro11 81. Broken Arrow, OK 74012 918-251.8000 nl 918-261.4977 800-351.185R www.airc leanIngledl.cam REFERENCE LIST MAGNETIC GRABBER INSTALLATIONS PLYMOVENT VEHICLE EXHAUST VENTILATION SYSTEMS airdeaning TECHNOLOGIES FIRE STATION 37. Harris County Emergency Services District #48 Station # 1 24127 Western Centre Drive Katy, Texas 77494 Assistant Chief Ray Sidwell (28I) 599-8888 38. highland Park Fire And EMS (DPS) 4700 Drexel Drive Highland Park, 'Texas 75205 Chief Paul Sandman Captain Chuck Gore 39. Elope Fire Department 308 East 2"d Street Hope, Arkansas 71801 Chief Todd Martin 40. Hot Springs Dire Department 310 Broadway Avenue Hot Springs, Arkansas 71901 Chief Ed Davis 4I Houston Fire Department 1801 Smith, 7'h Floor Mauston, Texas 77002 Assistant Chief Ruy Lozano (214) 559-9337 (870) 777-6702 (50I) 321-6971 (832) 394-6706 42. Irving Fire Department (Dallas Metro) 845 West Irving Boulevard Irving, Texas 75060 Chief Victor Conley 43. Keller Fire Rescue 110 West Vine Street Keller, Texas 76248 Interim Chief Shane Gainer 44. Kingsville Fire Department 119 North 10'h Street Kingsville, Texas 78363 Chief J. J. Adame 45. Lake Worth Fire Department 3801 Firehall Drive Lake Worth, Texas 76135 Chief Mike Christenson (972) 721-2652 (817) 743-4460 (36 1) 592-6445 (817) 237-7461 t op PLVMOVENT STATIONS 1 1 2 5 45 FIRE STATION 46. Laredo international Airport— ARFF Station 5210 Bob Bullock Loop Laredo, Texas 78041 Captain Jose G. lzaguirre (956) 489-4064 47. Laredo Fire Department 616 East Del Mar Laredo, Texas 78045 Chief Guillermo Heard (956) 718-6000 48. Lawton Fire Department 623 SW D Avenue Lawton, Oklahoma 73501-4576 Chief Raanon Adams (580) 581-3280 49. Lewisville Fire Department (Dallas Metro) 188 North Valley Parkway Lewisville, Texas 75067 Assistant Chief Terry McGrath (972) 219-3590 50. Littlefield Eire Department 301 SLIT Drive 1100 West 6'h Street Littlefield, Texas 79339 CbicfJamie Grey (806) 385-5161 Ext. 231 51. Little Rock. Fire Department 12 624 South Chester Street Little Rock, Arkansas 72201 Chief Delphone H ubard Captain Jim Williams 3 2 52. Little Rock V.A. Medical Center 2200 Fort Roots Drive North Little Rock, Arkansas Assistant Chief Leithan Smith 53. Lowell Fire Department 220 North Lincoln Street Lowell, Arkansas 72745 Chief Pete Melnicki 54. Lubbock Fire Department 1515 East Ursuline Street Lubbock, Texas 79403 Deputy Chief Lynn Smith (501) 918-3700 (501) 918-3790 (50I) 257-4351 (479) 770-0166 (806) 775-2630 t OF PLYMOVENT STATIONS 1 7 8 1 22 1 2 10 Page 230 of 345 1300 West Delroll SI. Broken arrow. OK 74012 REFERENCE LIST 018.25f-8000 ,J 918.251.4911 800-351-1858 www,aircleaninglech.coli1 PLYMOVENT VEHICLE EXHAUST VENTILATION SYSTEMS din P�nIES FIRE STATION 55. Mansfield Fire Department Public Safety Building 1305 Last Broad Street Mansfield, Texas 76063 Chief Michael Ross 56. Marble Falls Fire Rescue 700 Avenue N Marble Falls, Texas 78654 Chief Russell Sander 57. Miami Fire Department 103 Goodrich Boulevard Miami, Oklahoma 73140 Chief Robert Wright 58. Monkey Island Fire Department 56298 East 295 Road Afton, Oklahoma 74331 Chief Carl Tesreau MAGNETIC GRABBER INSTALLATIONS (817) 276-4777 (830) 693-4060 (918) 542-6685 (918) 257-8242 59. Montgomery County ESD # 1 Cut-N-Shoot Volunteer Fire Department 310 North Danville, Suite A Willis, Texas 77378 Chief Josh Montgomery 60. Montgomery County ESD # 1 Fire Station 9 95 200 South Kennedy Street Willis, Texas 77378 Deputy Chief Thomas Pittman 61. Moore Fire Department 2400 South Fritts Blvd. Moore, Oklahoma 73160 Deputy Chief Ryan Marlar G2. Murphy Fire Department 206 North Murphy Road Murphy, Texas 75094 Chief Del Albright 63. Muskogee Fire Department 505 Columbus Muskogee, Oklahoma 74401 Chief Jody Moore (936) 856-5111 (936) 856-5111 (405) 793-5110 (972)468-4300 (918) 684-6252 qOF PINNIOVENT STATIONS 5 1 2 1 4 1 6 FIRE STATION 64. Nichols Hills Fire Department 6407 Avondale Drive Nichols hills, Oklahoma 73116 Chief Kevin Boydstan (405) 843-8526 65. Noble Fire Department 117 North 2" Street Noble, Oklahoma 73068 Chief Phillip Scott 66. Norman Fire Department 415 East Main Norman, Oklahoma 73071 Chief Travis King (405) 872-9231 (405) 292-9780 67. North Little Rock Fire Department 723 Maple Street North Little Rocky Arkansas 72114 Chier Gerald Tucker (501) 340-5385 68. North Richland Hills Fire Department 4301 City Point Drive North Richland Hills, Texas 76180 Chief Stan Tinney (817) 427-6900 Assistant Chief Kirk Marcum 69. N. W. Rogers Fire District #1 6601 Gast 400 Road Qolagah, Oklahoma 74053 Chief Mat Shockley (918) 443-2471 70. Oklahoma City Fire Department 820 NW 5th Oklahoma City, Oklahoma 73106 Chief Richard Kelley (405) 297-3314 71. Owasso Fire Department 890I North Garnett Road Owasso, Oklahoma 74055 Chief David Hurst Deputy Chief Mark Stuckey 72. Pantego Fire - Rescue 1614 South Bowen Road Pantcgo, Texas 76013-3336 Chief Randy Fulton (918) 272-5253 (817) 274-25 1 1 I! OF PLYMOVEWT STATIONS 1 1 6 6 5 3 1 3 1 Page 231 of 345 1300 west Ileholt SI. Broken Arrow, OK 74012 918.251.1000 • 918-251.4977 800-251-1858 www.airc leani rrglech.cpm REFERENCE LIST MAGNETIC GRABBER INSTALLATIONS r caning PLYMOVENT VEHICLE EXHAUST VENTILATION SYSTEMS TECHNOtOGIE5 FIRE STATION 73. Paragould Fire Dcpartmcnt 1405 West Kingshighway Paragould, Arkansas 72450 Chief Kevin Lang (870) 239-7525 e OF PLYMOVENT STATIONS 4 FIRE STATION 82. Richland Hills Fire Department 3201C Diana Drive Richland Hills, Texas 76118 Chief Russell Shelley 74. Paris Fire Department 83. Robstown Fire Department 135 SE 1" Street 3 5I6 East Avenue B Paris, 'Texas 75460 Robstown, Texas 78380 Asst Chief Thomas McMonigle (903) 784-9222 Chief Ricardo Gonzalez 75. Pharr Fire -Rescue 118 South Cage, 3'1 Floor Pharr, Texas 78577 Chief Leonardo Perez 76. Phillips 66 1000 South Pine, RB 3617 Ponca City, Oklahoma 74601 Mr. Larry Baird (956) 402-4400 Ext. 3001 (580) 767-4250 77, Pine Bluff Fire Department 200 East 8'h Avenue Pine Bluff, Arkansas 71601-5006 Chief Don Horton (870) 543-5150 78. Plano Fire - Rescue 1901 K Avenue Plano, Texas 75074 Chief Sam Greif 79, Ponca City Fire Department 500 East Grand Ponca City, Oklahoma 74601 Chief Butch 1{erring Deputy Chief Gary Reed 80. Purcell Fire Department 1505 North Green Avenue Purcell, Oklahoma 73080 Chief Greg Cypert (972) 941-7159 (580) 767-0360 (580) 767-0339 (405) 527-3014 81. Quapaw Tribe Fire Department 1 EMS 6300 South Hwy 69A Miami, Oklahoma 74354 Chief Jeff Reeves (918) 674-2710 1 1 1 84. Rockwall Fire Department 305 Boydstuu Avenue Rockwall, Texas 75087 Assistant Chief Brett Merritt 85. Rogers Fire Department 201 North 1" Street Rogers, Arkansas 72756 Chief Tom C. Jenkins 86. Rowlett Fire Rescue 4701 Rowlett Road Rowlett, Texas 75088 Chief Neil Howard 87. Russellville Fire Department 13 203 West 2r" Street Russellville, Arkansas 72801 PIO Richard Sethi 4 1 1 (817) 616-3755 (361) 387-2522 (972) 771-7770 (479) 62I-1179 (972) 412-6230 (479) 968-2332 88. Sachse Fire Rescue (Dallas Metro) 3815 Sachse Road Sachse, Texas 75048 Chief Marty Wade (469) 429-4791 89. San Antonio Fire Department 315 South Santa Rosa Avenue San Antonio, Texas 78207 Chief Robert Westbrook (210) 207-8400 90. Sand Springs Fire Department 108 East Broadway Street Sand Springs, Oklahoma 74063 Chief Mike Wood (918) 246-2549 s OF PLYMOVENT STATIONS 4 8 4 1 2 50 3 Page 232 of 345 1300 West petroll St, Broken Avow, OK 74012 lrl.i... 018-251.8000 n� 918-251.4977 800.351.1856 vnvw.it i rc lean i nt}lech-rom REFERENCE LIST MAGNETIC GRABBER INSTALLATIONS ailde PLY MOVENT VEHICLE EXHAUST VENTILATION SYSTEMS TECHN ring FIRE STATION 91. Sapulpa Fire Department 800 East Dewey Sapulpa, Oklahoma 74066 Chief David Taylor 92. Saracen Casino Fire Station 3513 Market Street Pine Bluff Arkansas 74066 Chief Howell 93. Shawnee Fire Department 16 West Ninth Street Shawnee, Oklahoma 74801 Deputy Chief -tom Larman (918) 224-3359 (870) 267-3192 (405) 878-1671 94, Sherwood Fire Department Pulaski County Fire Protection District 1€ 5 P.D. Box 6689 / 400 Lanirip Sherwood, Arkansas 72I24-6689 ChiefJohn Sawyer (501) 835-0342 95 Siloam Springs Fire Department 1450 Cheri Whitlock Siloam Springs, Arkansas 72761 Chief Jeremey Criner (479) 524-3103 96. South Montgomery County ESD # 8 335 Volunteer Lane Spring, Texas 77380 Chief Robert Hudson (281) 363-3473 97. Southern ArkariaaS University Tech Training Academy 100 Carr Road Camden, Arkansas 71701 James Rubuw (870) 574-4500 98. Springdale Fire Department 417 South Holcomb Street Springdale, Arkansas 72765 Chief Mike Irwin (479) 751-4510 Assistant Chief Kevin McDonald 99. Tarrant County College District Northwest Campus — WFSC Storage Bldg 20516 4801 Maine Creek Parkway Fort Worth, Texas 76179 David Lowe, Coordinator (817) 515-7374 M OF PLYMOVENT STATIONS FIRE STATION 100. Tecumseh Fire Department 4 109 West Washington Tecumseh, Oklahoma 74873 Chief Rhett Banks 1 (405) 598-4303 101. Texarkana Fire Department 416 East 3" Street 1 PO Box 2711 Texarkana, Arkansas 75504 Chief David Fletcher (870) 779-4967 102. The Woodlands Fire Department 3 9951 Grogans Mill Road The Woodlands, Texas 77380-1007 District Chief.lohn Frost (281) 367-3444 3 3 7 1 6 1 103. Tonkawa Fire Department 120 Soutlt Main Tonkawa, Oklahoma 74653 ChicfJnstin Kiensle (580) 628-3251 104. Travis County ESD 112 Pllugerville Fire Department 203 East Pecan Street Pllugerville, Texas 78660 (512) 569-7887 Glen Smith, Director of Facilities 105. Travis County ESA # 4 11800 North Lamar Blvd Austin, Texas 78753 Chief David Bailey (512) 836-7566 106. Tulsa lire Department 1790 Ncwblock Park Drive Tulsa, Oklahoma 74127 (918) 596-1250 Mike Mallory, Chief or Physical Resources 107. University Park Fire Department (Dallas Metro) 3800 University Boulevard University Park, Texas 75205 Chief Randall Howell (214)987-5381 Ext 5386 !0g Van Buren Fire Department 2009 Pevehouse Road Van Buren, Arkansas 72956 Battalion Chief Johnny Taylor (479) 471-5032 t OF PLYMOVENT STATIONS 2 5 8 5 2 35 1 4 Page 233 of 345 1300 west Detroit St. Broken Mow, OK 74012 918.251.1000 rx 918-251.4977 800-351-1858 www.aircleaningtech.com REFERENCE LIST MAGNETIC GRABBER INSTALLATIONS arcleaning TECH NOLOGIES PLYMOVENT VEHICLE EXHAUST VENTILATION SYSTEMS FIRE STATION 109. West University Place Fire Department 3800 University Blvd (Houston Metro) West University Mace, Texan 77005 Chief Aaron Taylor (713) 662-5836 Asst. ChiefJames Novak (713) 662-5837 110. Westlake Fire - EMS 2000 Dove Road Westlake, Texas 76262 Chief Richard Whitten 11-26-21 (817) 490-5780 5 OF PLVMOVENT STATIONS 1 1 FIRE STATION 111. Wilkesboro Fire Department P.O. Box 3541206 East Main 5t Wilkesboro, Texas 76273 Chief Steve Pinkston 112. Wylie Fire Rescue 2000 N. State Hwy 78 Wylie, Texas 75098 Chief Brandon Blythe 5 OF PLYMOVENT STATIONS 2 (903) 564-9735 4 (972) 429-8110 Page 234 of 345 CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder rior to the official opening of this bid. Additionally, the undersigned affirms that )fie firm i i it in to sign the enclosed Standard Form of Agreement (if applicable Signed By: Typed Name: Patrick Smith Phone No.: 918-251-8000 1800-351-1858 Email: nsmith a.aircleaningtech.cum Address: 1300 West Detroit Street P.O. Box or Street Title: Executive Vice President Company Name: Air Cleaning Technologies, Inc. Fax No.: 918-251-4977 Broken Arrow Oklahoma 74012 City State Zip Remit Address: Same as above P.O. Box or Street City State Zip Federal Tax ID No.: 73-1250516 DUNS No.: 107275240 DBE/WBE/MBE Yes No X (Provide certification upon request) Date: November 26.2021 NOTE: This form must be fully completed, without modifications. and included in sealed bid packages. END OF BID #22-021 ITS 22-021 Installation of Vehicle Exhaust Removal Systems at Fire Stations #3, #5, and #6 20 Page 235 of 345 MID-CONTINENT CASUALTY COMPANY P. O. Box 1409 TULSA, OKLAHOMA 74101 BID BOND KNOW ALL MEN BY THESE PRESENTS: Thal We, Air Cleaning Technologies Inc as Principal, and MID-CONTINENT CASUALTY COMPANY, a corporation organized and existing under the laws of the State of ohi0 , and authorized to do business In the State of Texas as Surety, are held and firmly bound unto the City of College Station - Purchasing Division 1101 Texas Avenue, Suite 201 College Station, TX 77840 as Obligee, in the amount of Five Percent of Total Amount Bid (5%) DOLLARS lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make an award to the Principal for: Installation of Vehicle Exhaust Removal Systems at Fire Stations #3, #5 and #6 Bid Number 22-021 according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with MIA -CONTINENT CASUALTY COMPANY as Surety or with other Surety or Sureties approved by the Obligee, or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond then this obligation shall be null and void, otherwise it shall be and remain in full force and effect. Signed, Sealed and Dated this ette Smith 30th day of November 2021 Air Cleaning chno ogt� Ina. Principal By (Seal) (Seal) Witness Patrick Smith, Executive Vice President MID-CONT1NENT CASUALTY COMPANY By %\(" Kristin Lewis, Attorney -in -fact Seal) mcbb Page 236 of 345 MID-CONTINENT CASUALTY COMPANY 1437 South Boulder, Suite 200, Tulsa, Oklahoma 74119 • Ph: 918-587-7221 - Fax: 918-588-1296 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Mid -Continent Casualty Company, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the parson or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for ii and in its name, place and stead to execute on behalf of the said Company, as surety, any and al! bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof. Travis E. Brown, Jamie Burris, John Kelly Deer, Vaughn P. Graham, Vaughn Paul Graham, Jr., Kristin Lewis, Mark Edward Long, Thomas Perrault, Stephen M. Poieman, Michael J. Swenton, all of TULSA, OK. IN WITNESS WHEREOF, the Mid -Continent Casualty Company has caused these presents to be signed and attested by its appropriate officers and its corporate seat hereunto affixed this 13 day of September, 2021. c4so▪ 0='�dn ▪ sF'AJ. ,, MID-CONTINENT CASUALTY COMPANY ATTEST Sharon Hack!, Assistant Secretary Todd Bazata, Vice President On this 73 day of September, 2021 before me personally appeared Todd Bazata, to me known, being duly sworn, deposes and says that s/he resides in Broken Arrow, Oklahoma. that s/he is a Vice President of Mid -Continent Casualty Company, the company described in and which executed the above instrument that s/he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of her/his office under the By -Laws of said Company, and that s/he signed his name thereto by like authority. STATE OF OKLAHOMA COUNTY OF TULSA >35 N w), Pubes state of Oklahoma JULIE CALLAHAN TULSA Coutrry CO.fM!BSIoN PI100820 Comm. t:xy. es-oa-peas Commission # 11008253 My Commission Expires; 09-08-23 Julie Callahan, Notary Public This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Mid -Continent Casualty Company by unanimous written consent dated September 25, 2009. RESOLVED; That the President, the Executive Vice President, the• several Senior Vice Presidents and Vice Presidents or any one of them, be and hereby is authorized, from lime to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits or their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: Thal the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may he affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I. Sharon Hackl, Assistant Secretary of Mid -Continent Casualty Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of September 25. 2009 have not been revoked and are now in full force and effect. Signed and sealed this 30th day c f November 2021 /L 1 Sharon Hack!, Assistant Secretary Page 237 of 345 DNV-GL MANAGEMENT SYSTEM CERTIFICATE Certificate No: 39388-2008-AQ-USA-ANAB Initial certification date: Valid: 25 September 2008 26 September 2020 - 25 September 2023 This is to certify that the management system of Plymovent Corporation 5 Corporate Drive, Cranbury, N3, 08512, USA has been found to conform to the Quality Management System standard: ISO 9001:2015 This certificate is valid for the following scope: The Assembly, Distribution and Sales of Engineered Exhaust Extraction Air Filtration Systems. Place and date: Katy, TX, 11 September 2020 ACCREDITED -S STEMS 6 CRIRMCMIOM BOI T crAncrenrgneam' For the issuing office: DNV GL - Business Assurance 1400 Ravello Drive, Katy, TX, 77449- 5164, USA Sherif Mekkawy Management Representative Lack of fulfilment of conditions as set out in the Certification Agreement may render this Certificate Invalid, ACCREDITED UNIT: DNV GL Business Assurance USA, Inc., 1400 Ravello Drive, Katy, TX, 77449, USA, TEL:+1 281-396-1000, www,dnvglcert.com Page 238 of 345 January 13, 2022 Item No. 7.9. School Zone Ordinance for College Station High School Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules", Section 38-1005 "Traffic Schedule V, School Zones" by adding Renee Lane 175 feet from Barron Road. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval. Summary: Residents raised concerns about the speed of vehicles and the safety of children while walking to school on Renee Lane. This was a common concern during meetings held as a part of the traffic calming program, as well as outside complaints. This would simply extend the school zone to include 175 feet of Renee Lane as you approach Barron Road. Budget & Financial Summary: Funds are available in the Traffic Operations and Maintenance budget. Attachments: 1. Sign Placement Layout 2. Ordinance Form Ch. 38 Page 239 of 345 1 IL` Legend: Current Sign Location 0 New Sign Location 0 School Zone Sign Placement Location Map 4rr Page 240 of 345 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38, "TRAFFIC AND VEHICLES," ARTICLE VI "TRAFFIC SCHEDULES", SECTION 38-1005 "TRAFFIC SCHEDULE V, SCHOOL ZONES," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING RENEE LANE 175 FEET FROM BARRON ROAD BY PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1005 "Traffic Schedule V, School Zones," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 8-14-17 Page 241 of 345 ORDINANCE NO. Page 2 of 3 PASSED, ADOPTED and APPROVED this day of , 20_. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Ordinance Form 8-14-17 Page 242 of 345 ORDINANCE NO. Page 3 of 3 Exhibit A That Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1005 "Traffic Schedule V, School Zones," of the Code of Ordinances of the City of College Station, Texas, be amended by adding and is to read as follows: V T T Schedule V — School Zones Revised [1/20/21] Location Posted Hours Posted Operational Ord. BASE MAP Speed Time No./Date NO. Limit (School Days Adopted School Name College Station High School Renee Lane 7:30 — 8:15 a.m. 25 mph 7:30 — 8:15 1998-02 2:45 — 3:30 pm. a.m. 2:45 — 3:30 pm. Ordinance Form 8-14-17 Page 243 of 345 January 13, 2022 Item No. 7.10. FM 2154 Temporary Speed Limit Ordinance Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules", Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits by temporarily reducing the speed limit on FM 2154 (Wellborn Road). Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval Summary: The City is creating a new railroad crossing and intersection at Deacon and FM 2154. As well as the closure of Cain. The project will include the reconstruction of the road subgrade, placement of concrete, curb and gutter, utilities, illumination, and sidewalks and a signal at the new intersection. The project is estimated to take 18 months to complete. Due to reduced lane width and the proximity of motorists in the construction zone to workers and equipment, staff is pursuing the temporary establishment of a 45-mph construction zone speed limit, which will lower the speed limit from the posted speed limit of 55 mph along FM 2154. The temporary speed reduction ordinance will expire at the completion of the project. Budget & Financial Summary: Budget in the amount of $5,740,000 is included for this project in the Streets Capital Projects Fund. A total of $1,894,550.95 has been expended or committed to date, leaving a balance of $3,845,449.05 in the total project budget for additional items. Attachments: 1. Project Map 2. Fm 2154 1 CH 38 Temp Speed Limit (1) Page 244 of 345 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38, "TRAFFIC AND VEHICLES," ARTICLE VI "TRAFFIC SCHEDULES," SECTION 38-1013 "TRAFFIC SCHEDULE XIII, TEMPORARY SPEED LIMITS," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY REDUCING THE SPEED LIMIT ON FM 2154, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1013 "Traffic Schedule XIII, 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: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 8-14-17 Page 246 of 345 ORDIANCE NO. Page 2 of 3 PASSED, ADOPTED and APPROVED this day of , 20_. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Ordinance Form 8-14-17 Page 247 of 345 ORDIANCE NO. Page 3 of 3 Exhibit A That Chapter 38, "Traffic and Vehicles," Article VI. "Traffic Schedules," Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits," is hereby amended to read as follows by adding: FM 2154, for traffic moving north and south from Navarro to Rock Prairie, the speed limit is Forty - Five (45) miles per hour in construction zones when posted. After completion of the construction project and when temporary speed limit signs are removed, speed limits shall revert to the original speed limit of Fifty -Five (55) miles per hour. This ordinance does not repeal any speed limit ordinances in Sec. 38-17. Ordinance Form 8-14-17 Page 248 of 345 January 13, 2022 Item No. 7.11. Greens Prairie Road Temporary Speed Limit Reduction Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules", Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits by temporarily reducing the speed limit on Greens Prairie Road from Arrington Road to Dalton Drive. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval Summary: The City is widening Greens Prairie from a two lane to a 4 lane roadway. The project will include the reconstruction of the road subgrade, placement of concrete, curb and gutter, utilities, illumination, and sidewalks. The project is estimated to take 18 months to complete. Due to reduced lane width and the proximity of motorists in the construction zone to workers and equipment, staff is pursuing the temporary establishment of a 30-mph construction zone speed limit, which will lower the speed limit from the posted speed limit of 45 mph along Greens Prairie Road. The temporary speed reduction ordinance will expire at the completion of the project. Budget & Financial Summary: Budget in the amount of $11,214,000 is included for this project in the Streets Capital Projects Fund. A total of $9,990,495.14 has been expended or committed to date, leaving a balance of $1,223,504.86 in the total project budget for additional items. Attachments: 1. Project Map 2. Greens Prairie Road 1 CH 38 Temp Speed Limit Page 249 of 345 EXHIBIT A Sonoma William D Fitch Pkv Bridgewood Phillips Wallace Lake Eton 51112020,10:53:23 AM rY William D Fitch Pk y CasUegate William D Fitch�k City Limits Texas A&M Property Parks Arterial or Collector Background Blocker Easterwood Airport Streets Local Street Freeway 0 3 j Artington R0r Project Location Greens r Praise Reserve En 1:15,799 0 500 1,000 2,000 ft 0 190 380 760 m Esri, HERE, Garmin, (c) OpenSireelMap contributors, and the GIS user Web AppBuilder for ArcGIS Esri, HERE, NPS City of College Station, IT Department, GIS Office I City of College Station Planning and Development Services 1101 Texas Ave College Station, TX 77842 (979)764-3570 I Maintained by the City of College Station Texas I Esri, HERE, NPS Page 250 of 345 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38, "TRAFFIC AND VEHICLES," ARTICLE VI "TRAFFIC SCHEDULES," SECTION 38-1013 "TRAFFIC SCHEDULE XIII, TEMPORARY SPEED LIMITS," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY REDUCING THE SPEED LIMIT ON GREENS PRAIRIE ROAD, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1013 "Traffic Schedule XIII, 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: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 8-14-17 Page 251 of 345 ORDIANCE NO. Page 2 of 3 PASSED, ADOPTED and APPROVED this day of , 20_. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Ordinance Form 8-14-17 Page 252 of 345 ORDIANCE NO. Page 3 of 3 Exhibit A That Chapter 38, "Traffic and Vehicles," Article VI. "Traffic Schedules," Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits," is hereby amended to read as follows by adding: Greens Prairie Road, for traffic moving east and west from Dalton Drive to Arrington Road, the speed limit shall be Thirty (30) miles per hour in construction zones when posted. After completion of the project and when temporary speed limit signs are removed, speed limits shall revert to the original speed limit of Forty -Five (45) miles per hour. This ordinance does not repeal any speed limit ordinances in Sec. 38-17. Ordinance Form 8-14-17 Page 253 of 345 January 13, 2022 Item No. 7.12. Rock Prairie Road West Temporary Speed Reduction Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules", Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits by temporarily reducing the speed limit on Rock Prairie Road West from Holleman Drive South to FM 2154 (Wellborn Road). Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval Summary: The City is widening Rock Prairie West from a two lane to a 3 lane roadway. The project will include the reconstruction of the road subgrade, placement of concrete, curb and gutter, utilities, illumination, and sidewalks. The project is estimated to take one year to complete. Due to reduced lane width and the proximity of motorists in the construction zone to workers and equipment, staff is pursuing the temporary establishment of a 30-mph construction zone speed limit, which will lower the speed limit from the posted speed limit of 50 mph along Rock Prairie. The temporary speed reduction ordinance will expire at the completion of the project. Budget & Financial Summary: Budget in the amount of $7,390,000 is included for this project in the Streets Capital Projects Fund. A total of $7,074,418.49 has been expended or committed to date, leaving a balance of $315,581.51 in the total project budget for additional items. Attachments: 1. Project Map - ROck Prairie 2. Rock Prairie 1 CH 38 Temp Speed Limit Page 254 of 345 Rock Prairie West Widening Project ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38, "TRAFFIC AND VEHICLES," ARTICLE VI "TRAFFIC SCHEDULES," SECTION 38-1013 "TRAFFIC SCHEDULE XIII, TEMPORARY SPEED LIMITS," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY REDUCING THE SPEED LIMIT ON ROCK PRAIRIE ROAD WEST, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1013 "Traffic Schedule XIII, 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: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 8-14-17 Page 256 of 345 ORDIANCE NO. Page 2 of 3 PASSED, ADOPTED and APPROVED this day of , 20_. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Ordinance Form 8-14-17 Page 257 of 345 ORDIANCE NO. Page 3 of 3 Exhibit A That Chapter 38, "Traffic and Vehicles," Article VI. "Traffic Schedules," Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits," is hereby amended to read as follows by adding: Rock Prairie West, for traffic moving east and west from Holleman Drive to FM 2154, the speed limit is Thirty (30) miles per hour in construction zones when posted. Upon completion of the project and when temporary speed limit signs are removed, speed limits shall revert to the original speed limit of Fifty (50) miles per hour. This ordinance does not repeal any speed limit ordinances in Sec. 38-17. Ordinance Form 8-14-17 Page 258 of 345 January 13, 2022 Item No. 7.13. State Highway 6 Waterline Project Phase III Change Order No. 1 Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding Change Order No. 1 in the amount of $57,055 to the construction contract with Elliott Construction for the State Highway 6 Waterline Project Phase III. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval Summary: This project will construct sections of 20-inch, 18-inch, and 12-inch waterlines along the northbound feeder road of State Highway 6, between North Forest Parkway and Woodcreek Drive. This project will be part of the second pressure plane in the city that will be created by the Rock Prairie Elevated Tank. This change order changes the material of the 20-inch and 18-inch waterline sections. The base bid material in the contract for both sections was ductile iron. Due to ongoing issues with existing ductile iron pipe, water services prefers to use PVC pipe. Corrosion monitoring was also included in the base bid but will be remove in this change order as it is not needed with PVC pipe. This change order also increases the unit cost of PVC pipe. Elliot Construction notified the City that PVC pipe suppliers are still dealing with supply chain interruptions due to the February 2021 freeze and plant closures due to hurricane Ida. Multiple suppliers are not taking new orders, leaving few options to purchase pipe. Because of the escalating costs, the supplier was unable to hold the bid price before procurement of materials. Budget & Financial Summary: Budget in the amount of $3,070,000 is included for this project in the Water Capital Improvement Projects Fund. A total of $2,570,631 has been expended or committed to date, leaving a balance of $499,369 for this change order and future expenses. Attachments: 1. CO#1 2. SH 6 WL Project Map Page 259 of 345 CHANGE ORDER NO. 1 P.O.# 21204605 DATE: 12/20/2021 PROJECT: State Highway 6 phase III Contract No. 21300461 Funded in Whole/Part w CO's Y/N OWNER: CONTRACTOR: Elliott Construction, LLC City of College Station P.O. Box 3788 P.O. Box 9960 Bryan, Tx, 77805 College Station, Texas 77842 PH: 979-690-7071 FAX: PURPOSE OF THIS CHANGE ORDER: This change order replaces the ductile iron pipe included in the base bid with the PVC alternate bid. This change order also includes the removal of abandoned waterline and valve. ITEM NO. UNIT 6 LF 7 LF 8 LF 9 LF 10 LF 11 LF 12 LF 13 LF 14 LF 15 LF 69 EA 70 EA Al LF A2 LF A3 LF A4 LF A5 LF A6 LF A7 LF A8 LF A9 LF A10 LF 16 LF 17 LF 18 LF 16 LF 17 LF 18 LF LF LS Line-OBJ: TOTAL CHANGE ORDER ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO.1 REVISED CONTRACT AMOUNT ORIGINAL CONTRACT TIME TIME EXTENSION NO. 1 REVISED CONTRACT TIME DESCRIPTION 20" DI waterline 20" DI waterline with structural back fill 20" DI waterline restrained joints 20" DI waterline restrained joints, structural back fill 20" DI waterline restrained, trenchless 20" DI waterline, 36" steel casing 20" DI waterline, 36" steel casing, structural backfill 20" DI waterline, 36" casing, trenchless 18" DI waterline, non-structural back fill 18" DI waterline, restained joints Corrosion Monitoring System Joint Bonding Corrosion Monitoring test station 20" PVC waterline 20" PVC waterline with structural back fill 20" PVC waterline restrained joints 20" PVC waterline restrained joints, structural back fill 20" PVC waterline restrained, trenchless 20" PVC waterline, 36" steel casing 20" PVC waterline, 36" steel casing, structural backfill 20" PVC waterline, 36" casing, trenchless 18" PVC waterline, non-structural back fill 18" PVC waterline, restained joints 12" PVC Waterline 12" PVC Waterline Restrained, Trenchless 12" PVC Waterline in 20" Casing 12" PVC Waterline 12" PVC Waterline Restrained, Trenchless 12" PVC Waterline in 20" Casing Remove Existing 18" Waterline Remove Existing (Abandoned) Butterfly Valve SUBSTANTIAL COMPLETION DATE REVISED SUBSTANTIAL COMPLETION DATE APPROVED A/E CONTRACTOR CONSTRUCTION CONTRACTOR PROJECT MANAGER CITY ENGINEER DEPARTMENT DIRECTOR Date Date Date Date Date UNIT PRICE $ 115.00 $ 185.00 $ 155.00 $ 208.00 $ 285.00 $ 380.00 $ 450.00 $ 740.00 $ 108.00 $ 150.00 $ 9.00 $ 1,850.00 $ 143.00 $ 213.00 $ 183.00 $ 236.00 $ 313.00 $ 408.00 $ 478.00 $ 768.00 $ 134.00 $ 176.00 $ 85.00 $ 155.00 $ 288.00 $ 93.00 $ 163.00 $ 296.00 $ 126.00 $ 1,200.00 THE NET AFFECT OF THIS CHANGE ORDER IS 3.54% INCREASE. $ 57,055.00 $ 57,055.00 $ 1,613,354.00 $ 57,055.00 $ 1,670,409.00 180 0 180 11-Oct-21 11-Oct-21 ORIGINAL QUANTITY 1316 65 228 311 30 20 210 120 1270 27 3597 13 0 0 0 0 0 0 0 0 0 0 996 116 500 0 0 0 0 0 Days Days Days CHIEF FINANCIAL OFFICER CITY ATTORNEY CITY MANAGER REVISED QUANTITY 0 0 0 0 0 0 0 0 0 0 0 0 1316 65 228 311 30 20 210 120 1270 27 0 0 0 996 116 500 10 1 Total 3.54% Change 3.54% Total Change Date Date Date ADDED COST $ (151,340.00) $ (12,025.00) $ (35,340.00) $ (64,688.00) $ (8,550.00) $ (7,600.00) $ (94,500.00) $ (88,800.00) $ (137,160.00) $ (4,050.00) $ (32,373.00) $ (24,050.00) $ 188,188.00 $ 13,845.00 $ 41,724.00 $ 73,396.00 $ 9,390.00 $ 8,160.00 $ 100,380.00 $ 92,160.00 $ 170,180.00 $ 4,752.00 $ (84,660.00) $ (17,980.00) $ (144,000.00) $ 92,628.00 $ 18,908.00 $ 148,000.00 $ 1,260.00 $ 1,200.00 $ 57,055.00 Page 260 of 345 From: Ben Elliott To: Casey Rhodes Subject: Important Pipe information Date: Thursday, September 30, 2021 8:30:36 AM Attachments: IDA-Ethylene-11-9.1.2021-1536x698. ona Letter US Market.Ddf * * * * * This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. Casey, please read email below, the letter attached , and also see the map attached showing how many plants are down from the Hurricane. This is why all PVC is going up daily and quotes are good for 7 days at the moment Ben Elliott Elliott Construction LLC 0-(979)690-7010 C-(979)255-1064 From: Curt Murray <CMurrav(thactoioe.com> Sent: Monday, September 13, 2021 5:39:40 AM To: Eric Kopriva <EKoorival@actoioe.com>; Richard J. Yaws <RYawsl@actoioe.com>; Jon C. Murray <Jon.Murrav actoioe.com>; Brandyn Diaz <BDiaz(a actoioe.com>; Brandon Clement <bclementl@actoioe.com>; Tommy Roberson <trobersonl@actoioe.com>; James Martinez <JMartinez(@actoioe.com>; Slade Redenius <SRedenius(@actoioe.com> Subject: Important Pipe information Read below, We've already surpassed the blocks mentioned. We need to communicate this to our customers, especially anyone who hasn't signed contracts yet. We've already seen 5 month lead times on some pipe, I expect no change for the time being. WHEN Diamond opens back up they will return to making mainly 8" 14, 18 & HW out of Lubbock and we'll be at the mercy of J-M who appears to be the only pipe manufacture currently taking orders, you can only imagine how overwhelming that is already. We must discuss every new order before committing to suppling pipe, no exceptions Curt PVC PIPE MARKETS PVC PIPE PRICES SUMMARY: JM Eagle remained the Page 261 of 345 only pipe converter operating under a force majeure declaration (issued back on Feb 22). NAPCO, Diamond, Sanderson and Southern had all advised customers they were not taking orders for the time being, while IPEX said it was allowing customers to send orders in but was not entering them into its system. Other converters were allocating pipe. Converters were trying to stretch their resin inventories as much as possible, and were hoping that railcars that had been dispatched prior to the hurricane would arrive soon. Some complained that they were not getting the information from their suppliers they needed in order to make decisions about their own businesses. MUNICIPAL PIPE: This week, with Diamond, IPEX, NAPCO and Sanderson basically out of the market, little pipe was being sold. The pipe that was being sold was priced at Block 300, based on the Aug 16 price letters that set the market at Block 300 for immediate and Block 320 for quotes. Some sales were reported as high as Block 320. Diamond had set its prices at Block 290 for immediate and Block 310 for quotes on Sep 1, but competitors picked up talk of a few sales in the western half of the US at Block 300. Atkore raised the price on its municipal pipe to Block 415 this week. The market price range this week was put at Blocks 290-320, with the majority of business done at Block 300. No new price letters from any of the market leaders had been issued as yet. As one converter stated, if they aren't selling any pipe it doesn't matter what the price is. SUMMARY: JIV Eagle remained the only pipe converter operating under a force majeure declaration (issued back on Feb 22). NAPCO, Diamond, Sanderson and Southern had all advised customers they were not taking orders for the time being, while IPEX said it was allowing customers to send orders in but was not entering them into its system. Other converters were allocating pipe. Converters were trying to stretch their resin inventories as much as possible, and were hoping that railcars that had been dispatched prior to the hurricane would Page 262 of 345 arrive soon. Some complained that they were not getting the information from their suppliers they needed in order to make decisions about their own businesses. MUNICIPAL PIPE: This week, with Diamond, IPEX, NAPCO and Sanderson basically out of the market, little pipe was being sold. The pipe that was being sold was priced at Block 300, based on the Aug 16 price letters that set the market at Block 300 for immediate and Block 320 for quotes. Some sales were reported as high as Block 320. Diamond had set its prices at Block 290 for immediate and Block 310 for quotes on Sep 1, but competitors picked up talk of a few sales in the western half of the US at Block 300. Atkore raised the price on its municipal pipe to Block 415 this week. The market price range this week was put at Blocks 290-320, with the majority of business done at Block 300. No new price letters from any of the market leaders had been issued as yet. As one converter stated, if they aren't selling any pipe it doesn't matter what the price is. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. Page 263 of 345 NAPCO, a Westlake company 2801 Post Oak Blvd., Suite 600, Houston, Texas 77056 Tel: 713.840.7473, Fax: 713.552.00 Date: August 31, 2021 To: NAPCO Pipe & Fittings Customers From: Brent Wetmore, Vice President - Sales Subject: Current Supply and Order Situation To our valued Customers So far, 2021 has been an extremely challenging year for PVC pipe and fittings producers when it comes to the acquisition of raw materials. Both PVC resin and the chemical additives needed to turn the resin into compound are in short supply. This past weekend several petrochemical production centers on the gulf coast were shutdown prior to Hurricane Ida reaching land. The impact these shutdowns will have on the already tight supply conditions are unknown. Since the Texas freeze in February of this year, all our North American plants have been under allotment for raw materials. As a result, we have not been able to run our plants to full capacity. Further disruption in the supply chain will affect both our production capacity and our ability to fill all of our orders. The overwhelming demand, combined with the production shortfalls, has already led to a significant increase in backlogged orders. To prevent making these problems worse and increasing these backlogs further, we are taking steps to ensure we are able to meet customer's needs. Effective immediately we have put a pause on all new orders which cannot be filled within a reasonable time frame. As we receive more information on the impact of the storm and our supply of resin we will communicate with you accordingly. We value your business and appreciate your understanding as we navigate these unusual times. Thank you Page 264 of 345 January 13, 2022 Item No. 8.1. Turkey Creek ROW Abandonment Sponsor: Amy Milanes Reviewed By CBC: N/A Agenda Caption:Public Hearing, presentation, discussion, and possible action approving an ordinance vacating and abandoning 0.489 acres of Turkey Creek Road right-of-way, said right-of- way being the southeast corner of the intersection of Turkey Creek Road and HSC Parkway, according to the conveyance deed recorded in Volume 195, Page 241, of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: • Core Services and Infrastructure • Diverse Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: The right-of-way (ROW) abandonment is being requested by the applicant prior to platting the property in order to further develop the existing use. This originally conveyed ROW is no longer needed as the street is not planned to be widened, a retained standard 10-foot public utility easement will suffice for the needs of the City's utility infrastructure and a public drainage easement will suffice for the drainage needs located in this area. The 0.489-acre ROW is at the southeast corner of the intersection of Turkey Creek Road and HSC Parkway. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Ordinance Exhibit A 3. Ordinance Exhibit B 4. Vicinity Map 5. Location Map 6. Application Page 266 of 345 ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.489 ACRE PORTION OF THE VARIABLE WIDTH RIGHT OF WAY OF TURKEY CREEK ROAD, SAID PORTION LYING WITHIN THE J. H. JONES LEAGUE, ABSTRACT 26, ACCORDING TO THE CONVEYANCE DEED RECORDED IN VOLUME 195, PAGE 241 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.489 acre portion of the variable width Right -Of -Way of Turkey Creek Road, said portion lying within the J. H. Jones League, Abstract 26, according to the Conveyance Deed recorded in volume 195, page 241, of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Right -of -Way"); and WHEREAS, in order for Right -of -Way to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Right -of -Way described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Right -of -Way will not result in property that does not have access to public roadways or utilities. 2. Other than as set forth herein, there is no public need or use for the Right -of -Way; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Right -of -Way; 4. As set forth in this ordinance, abandonment of the Right -of -Way will not impact access for all public utilities to serve current and future customers; Page 267 of 345 ORDINANCE NO. Page 2 of 2 5. Utility infrastructure exists within the Right-of-way and the City has a continuing need for currently remaining public utilities to remain within the Right-of-way, and said uses are expressly not abandoned herein; and PART 2: That the Right -of -Way as described in Exhibit "A" be abandoned and vacated by the City subject to the following conditions: 1. The City shall retain a 10-foot public utility easement for existing and future infrastructure and a variable width public drainage easement for the conveyance and maintenance of drainage from street runoff as defined in Exhibit "B". PASSED, ADOPTED and APPROVED this day of , 20_. ATTEST: APPROVED: City Secretary APPROVED: City Attorney Mayor Page 268 of 345 1 SCALE: 1" = 50' •• R1=na. rBV-8'36" E 2965. SURVEYOR'S CERTIFICATE: CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD BEARING CHORD LENGTH C1 850.01' 14°15'11" 211.45' N 39°43'56" W 210.91' C2 1,203.59' 4°32'03" 95.25' N 13°48'20" W 95.22' C3 1,260.01' 1°41'11" 37.08' N 39°21'46" E 37.08' C4 1,103.59' 21°39'13" 417.08' S 21°16'54" E 414.60' 5/8 INCH IRON ROD / N/F FOUND (CM) JOHN C. BOGARD, III CALLED 2.77 ACRE TRACT 1 Z (973/733 ORBCT) i) / 1ut yo, � / co 51 8 INCN IRON ROD_ /N 80°28'36�46' 5/8 INCH IRON ROD FOUND (CM) BEARS: S B0°28'36" W 0.66' I, DILLON MEANS, R.P.L.S. NO. 6770, DO HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1B, CONDITION 3, TSPS STANDARD LAND SURVEY AS MADE ON THE GROUND UNDER MY SUPERVISION. —1`1-3Qa•` J. DILLON MEANS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6770 \ 1 •GSTeR :. J. DILLON MEANS 6770 (1 %-Pess\0 yO �%•suaVY- TSPS STANDARD LAND SURVEY PLAT OF A 0.489 ACRE TRACT PORTION OF FM 2513 - TURKEY CREEK ROAD J. H. JONES LEAGUE, A-26 COLLEGE STATION, BRAZOS COUNTY, TEXAS "When one person stands to gain over another, the fads must be uncovered" SCALE:1 INCH = 50 FEET SURVEY DATE: 07-30-2021 I PLAT DATE: 08-02-2021 JOB NUMBER: 21.5421 CAD NAME: 21-542 POINT FILE: 21-542 (job) DRAWN BY: NLBW CHECKED BY: IBM PREPARED BY: KERR SURVEYING, LLC TBPELS FIRM#10018500 409 N. TEXAS AVENUE, BRYAN, TEXAS 77803 PHONE: (979) 268-3195 SURVEYSra KERRSURVEYING.NET I KERRLANDSURVEYING.COM o�G� `9'5' REVISED 11-17-21 GENERAL NOTES BEARING SYSTEM SHOWN HEREON 15 BASED ON THE TEXAS STATE PLANE CENTRAL ZONE GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION USING THE LEICA SMARTNET NAD83 (NA2011) EPOCH 2010 MULTI -YEAR CORS SOLUTION 2 (MYCS2). DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) DIVIDE BY A COMBINED SCALE FACTOR OF 1.00010685810192 (CALCULATED USING GEOID12B). (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TO BE ONE INSTRUMENT TOGETHER. N/F ROSS LILLEKER AND JENNIFER LILLEKER CALLED 5.088 ACRES (10852/270 Er 7749/69 OPRBCT) POINT OF BEGINNING 5/8 INCH IRON ROD WITH CAP STAMPED "KERR 4502" FOUND (CM) N 32°06'30" W 7.71' LEGEND: DRBCT = DEED RECORDS OF BRAZOS COUNTY, TEXAS ORBCT = OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS OPRBCT = OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS 123/456 = VOLUME AND PAGE FROM PUBLIC COUNTY RECORDS N/F = NOW OR FORMERLY () = RECORD INFORMATION Q =1/2 INCH IRON ROD WITH CAP STAMPED "KERR SURVEYING" SET UNLESS OTHERWISE NOTED W000 FENCE 1 5/8 INCH IRON ROD WITH CAP STAMPED "KERR 4502" FOUND (CM) N/F DANNY DANIEL CALLED 4.934 ACRE TRACT (14630/187 ORBCT) Page 269 of 345 FIELD NOTES DESCRIPTION OF A 0.489 ACRE TRACT J. H. JONES LEAGUE, ABSTRACT 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 0.489 ACRES IN THE J. H. JONES LEAGUE, ABSTRACT 26, COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF THE 100' RIGHT-OF-WAY OF TURKEY CREEK ROAD RECORDED IN VOLUME 195, PAGE 241 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; SAID 0.489 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch iron rod with cap stamped "KERR 4502" found on the northeast line of Turkey Creek Road marking the south corner of a called 5.008 acre tract conveyed to Ross Lilleker and Jennifer Lilleker in Volume 7749, Page 69 of the Official Public Records of Brazos County, Texas (OPRBCT); THENCE, along the northeast line of Turkey Creek Road, N 32° 06' 30" W a distance of 7.71 feet to a 5/8 inch iron rod with cap stamped "KERR 4502" found and the POINT OF BEGINNING of this herein described tract; THENCE, through said right-of-way of Turkey Creek Road, 100.00 feet from and parallel to the realigned southwest line of Turkey Creek Road as conveyed to the City of Bryan in Volume 9267, Page 132 (OPRBCT) for the following three (3) courses: 1) N 32° 36' 21' W a distance of 142.85 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set for a paint of curvature; 2) along a curve to the left having a radius of 850.01 feet, a delta angle of 14° 15' 11", and arc distance of 211.45 feet, and a chord which bears N 39° 43' 56" W a distance of 210.91 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set for the end of said curve; 3) N 46° 51' 32" W a distance of 94.06 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set on the existing westerly line of Turkey Creek Road for a point of curvature; THENCE, along the existing westerly line of Turkey Creek Road and along a curve to the right having a radius of 1203.59 feet, a delta angle of 04° 32' 03", an arc distance of 95.25 feet and a chord which bears N 13° 48' 20" W a distance of 95.22 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set on the extension of the southeast line of HSC Parkway (9267/132 OPRBCT) for the end of said curve; THENCE, through said right-of-way of Turkey Creek Road with the extension of the southeast line of HSC Parkway and along a curve to the left having a radius of 1260.01 feet, a delta angle of 01° 41' 11", an arc distance of 37.08 feet and a chord which bears N 39° 21' 46" E a distance of 37.08 feet to a 1/2 inch iron rod set on the extension of the common line 1IPage 21-542.docx a nit °C-r5 of said 5.088 acre tract and a called 2.77 acre tract conveyed to John C. Bogard, III, in Volume 973, Page 733 of the Official Records of Brazos County, Texas (ORBCT) and the northwest corner of this herein described tract; THENCE, continuing through said right-of-way and along the extension of the common line of said 5.088 acre tract and said 2.77 acre tract, N 80° 28' 36" E, at 70.80 feet pass a 5/8 inch iron rod found, continue on a total distance of 71.46 feet to a calculated point on the existing easterly line of Turkey Creek Road for the northeast corner of this herein described tract, for reference a 5/8 inch iron rod found marking an angle point in said common line bears N 80° 28' 36" E a distance of 296.77 feet and also for reference College Station control monument CS94-164 bears N 01° 52' 57" W a distance of 1560.54 feet; THENCE, along the existing easterly line of Turkey Creek Road, same being the westerly line of said 5.088 acre tract, for the following two (2) courses: 1) along a curve to the left having a radius of 1103.59 feet, a delta angle of 21° 39' 13", an arc distance of 417.08 feet, and a chard which bears 5 21° 16' 54" E a distance of 414.60 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set for the end of said curve; 2) 5 32° 06' 30" E a distance of 110.37 feet to the POINT OF BEGINNING hereof, and containing 0.489 acres, more or less. Surveyed on the ground July 2021 under my supervision. The bearing basis for this survey is based on the Texas State Plane Central Zone Grid North (NAD83) as established from GPS observation. Distances described herein are surface distances. To obtain grid distances (not areas) divide by a combined scale factor of 1.00010685810192 (calculated using geaidl2b). #,P-EOF R-i' y)4w 'o cry\ J. DILLON MEANS J. Dillon Means Registered Professional Land Surveyor No. 6770 Revised 11-17-21 KERR SURVEYING Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-3195 I Web: www.kerrlandsurveuina.com Surveus(alkerrsurveuina.net I TBPELS Firm No.10018500 Wage 21-542.docx Nage i 1 of .345 5/B INCH IRON ROD FOUND (CM) RADIUS=1,260.01' ARC DIST=37.08' DELTA=1°41'11" TANGENT=18.54' CHORD=N 39°21'46" E 37.08' RADIUS=1,203.59' DELTA=4°32'03" ARC=95.25' TANGENT=47.65' CHORD=N 13°48'20" W QO c- ti y. / 490°2936" E Ake N S0°2836" E 56.58' / / RADIUS=1,270.02' ///_� ARC DIST=43.58' r DELTA=1°5T58" TANGENT=21.79' %1 CHORD=S 39°00'11" W 43.58' c1 A 1 RADIUS=1,193.59' 1 ARC DI5T=86.88' i. DELTA=4°10'13" 1 TANGENT=43.46' 1 CHORD=513°51'20" E 86.86' 1 95.22' k -9 c- • ♦♦S 90.9 i)f, 'ye �O s3› 200 �0 O SURVEYOR'S CERTIFICATE: I, DILLON MEANS, R.P.L.S. NO. 6770, DO HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1B, CONDITION 3, TSPS STANDARD LAND SURVEY AS MADE ON THE GROUND UNDER M SUPERVISION. J. DILLON MEANS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6770 TSPS STANDARD LAND SURVEY PLAT OF A 10' PUBLIC UTILITY EASEMENT 4093 SQUARE FEET PORTION OF TURKEY CREEK ROAD J. H. JONES LEAGUE, A-26 COLLEGE STATION, BRAZOS COUNTY, TEXAS "When one person stands to gain over another, the facts must be uncovered" N/F JOHN C. BOGARD, III CALLED 2.77 ACRE TRACT (973/733 ORBCT) 518'AR IRON : FOUND, 2965T1 N 80°283° 5/8 INCH IRON ROD FOUND (CM) BEARS: 5 80°28'36" W 0.66' N/F ROSS LILLEKER AND JENNIFER LILLEKER CALLED 5.088 ACRES (10852/270 8 7749/69 OPRBCT) RADIUS=860.D1' DELTA=9°23'45" ARC=141.03' TANGENT=70.67' CHORD=5 42°09'39" E 140.87' RADIUS=850.01' DELTA=14°1511" ARC=211.45' TANGENT=106.27 CHORD=N 39°43'56" W 210.91' SCALE:1 INCH = 60 FEET SURVEY DATE: 07-30-2021 I PLAT DATE: 08-27-2021 JOB NUMBER: 21-7171 CAD NAME: 21-717 POINT FILE: 21-542 (job) DRAWN BY: NLBW CHECKED BY:10M PREPARED BY: KERR SURVEYING, LLC TBPELS FIRM#10018500 409 N. TEXAS AVENUE, BRYAN, TEXAS 77803 PHONE: (979) 268-3195 SURVEYSf KERRSURVEYING.NETIKERRLANOSURVEYING.COM REVISED 11-16-21 (20 SCALE: 1" = 60' LEGEND: • DRBCT = DEED RECORDS OF BRAZOS COUNTY TEXAS • ORBCT = OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS • OPRBCT = OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS • 123/456 = VOLUME AND PAGE FROM PUBLIC COUNTY RECORDS • N/F = NOW OR FORMERLY • ()= RECORD INFORMATION • Q = 1/2 INCH IRON ROD WITH CAP STAMPED "KERR SURVEYING" FOUND UNLESS OTHERWISE NOTED GENERAL NOTES BEARING SYSTEM SHOWN HEREON IS BASED ON THE TEXAS STATE PLANE CENTRAL ZONE GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION USING THE LEICA SMARTNET NAD83 (NA2011) EPOCH 2010 MULTI -YEAR CORS SOLUTION 2 (MYCS2). DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) DIVIDE BY A COMBINED SCALE FACTOR OF 1.00010685810192 (CALCULATED USING GEOID12B). (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TO BE ONE INSTRUMENT TOGETHER. RADIUS=1,103.59' DELTA=5°28'41" ARC=105.51' TANGENT=52.80' CHORD=5 29°22'10" E 105.47' 1 POINT OF BEGINNING 5/8 INCH IRON ROD WITH CAP STAMPED 'KERR 4502' FOUND (CM) N 32°06'30" W 7.71' 5/8 INCH IRON ROD WITH CAP STAMPED 'KERR 4502' FOUND (CMI N/F DANNY DANIEL CALLED 4.934 ACRE TRACT (14630/187 ORBCT) Page 272 of 345 <KERR `SURVEYING J FIELD NOTES DESCRIPTION OF A 10' PUBLIC UTILITY EASEMENT 4093 SQUARE FEET J. H. JONES LEAGUE, ABSTRACT 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 4093 SQUARE FEET IN THE J. H. JONES LEAGUE, ABSTRACT 26, COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF A PROPOSED 0.489 ACRE RIGHT-OF-WAY ABANDONMENT OF THE 100' RIGHT-OF- WAY OF TURKEY CREEK ROAD RECORDED IN VOLUME 195, PAGE 241 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; SAID 4093 SQUARE FEET BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch iron rod with cap stamped "KERR 4502" found on the northeast line of Turkey Creek Road marking the south corner of a called 5.008 acre tract conveyed to Ross Lilleker and Jennifer Lilleker in Volume 7749, Page 69 of the Official Public Records of Brazos County, Texas (OPRBCT); THENCE, along the northeast line of Turkey Creek Road, N 32° 06' 30" W a distance of 7.71 feet to a 5/8 inch iron rod with cap stamped "KERR 4502" found and the POINT OF BEGINNING of this herein described tract, for reference City of College Station control monument CS94-164 bears N 07° 16' 33" W a distance of 2056.24 feet; THENCE, through said right-of-way of Turkey Creek Road, 100.00 feet from and parallel to the realigned southwest line of Turkey Creek Road as conveyed to the City of Bryan in Volume 9267, Page 132 (OPRBCT) for the following three (3) courses: 1) N 32° 36' 21" W a distance of 142.85 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found for a point of curvature; 2) along a curve to the left having a radius of 850.01 feet, a delta angle of 14° 15' 11", and arc distance of 211.45 feet, and a chord which bears N 39° 43' 56" W a distance of 210.91 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found for the end of said curve; 3) N 46° 51' 32" W a distance of 94.06 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found on the existing westerly line of Turkey Creek Road for a paint of curvature; THENCE, along the existing westerly line of Turkey Creek Road and along a curve to the right having a radius of 1203.59 feet, a delta angle of 04° 32' 03", an arc distance of 95.25 feet and a chord which bears N 13° 48' 20" W a distance of 95.22 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found on the extension of the southeast line of HSC Parkway (9267/132 OPRBCT) for the end of said curve; 1IPage 21-717.docx 4% THENCE, through said right-of-way of Turkey Creek Road with the extension of the southeast line of HSC Parkway and along a curve to the left having a radius of 1260.01 feet, a delta angle of 01° 41' 11", an arc distance of 37.08 feet and a chord which bears N 39° 21' 46" E a distance of 37.08 feet to the north corner of this herein described easement; THENCE, continuing through said right-of-way of Turkey Creek Road for the fallowing three (3) courses: 1) N 80° 28' 36" E a distance of 14.89 feet to a point of curvature; 2) along a curve to the right having a radius of 1270.02 feet, a delta angle of 01° 57' 58", an arc distance of 43.58 feet and a chord which bears 5 39° 00' 11" W a distance of 43.58 feet to the end of said curve; 3) along a curve to the left having a radius of 1193.59 feet, a delta angle of 04° 10' 13", an arc distance of 86.88 feet, and a chord which bears 513° 51' 20" E a distance of 86.86 feet to the end of said curve; 4) 5 46° 51' 32" E a distance of 91.30 feet to a point of curvature; 5) along a curve to the right having a radius of 860.01 feet, a delta angle of 09° 23' 45", an arc distance of 4141.03 feet, and a chord which bears 5 42° 09' 39" E a distance of 140.87 feet to the end of said curve on the existing easterly line of FM 2513; THENCE, along the existing easterly line of Turkey Creek Road, same being the westerly line of said 5.088 acre tract, for the following two (2) courses: 1) along a curve to the left having a radius of 1103.59 feet, a delta angle of 05° 28' 41", an arc distance of 105.51 feet, and a chord which bears 5 29° 22' 10" E a distance of 105.47 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found for the end of said curve; 2) 5 32° 06' 30" E a distance of 110.37 feet to the POINT OF BEGINNING hereof, and containing 4093 square feet, mare or less. Surveyed on the ground July 2021 under my supervision. The bearing basis for this survey is based on the Texas State Plane Central Zone Grid North (NAD83) as established from GPS observation. Distances described herein are surface distances. To obtain grid distances (not areas) divide by a combine ' scale factor of 1.00010685810192 (calculated using geoidl2b). Reference drawing: 21-717. J. Dillon Means Registered Professional Land Surveyor No. 6770 Revised 11-16-2021 KERR SURVEYING Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-3195 I Web: www.kerrlandsurveuina.com Surveus(ikerrsurveuina.net I TBPELS Firm No.10018500 2IPag e 21-717.docx 4 rage Ll4 01 .iT5 LINE BEARING DISTANCE Ll N 80°28'36" E 1.61' L2 S 11°29'57" E 36.54' L3 516°05'03" E 49.17' L4 S 21°40'17" E 48.36' L5 S 30°46'36" E 85.31' GENERAL NOTES BEARING SYSTEM SHOWN HEREON IS BASED ON THE TEXAS STATE PLANE CENTRAL ZONE GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION USING THE LEICA SMARTNET NAD83 (NA2011) EPOCH 2010 MULTI -YEAR COBS SOLUTION 2 (MYCS2). DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) DIVIDE BY A COMBINED SCALE FACTOR OF 1.00010685810192 (CALCULATED USING GEOID12B). (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TO BE ONE INSTRUMENT TOGETHER. SURVEYOR'S CERTIFICATE: CURVE I Cl I C2 I C3 RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH 850.01' 22.44' 1030'45" N 46°06'09" W 22.44' 1,203.59' 95.25' 4°32'03" N 13048'20" W 95.22' 1,260.01' 37.06' 1041'11" N 39°21'46" E 37.08' I, DILLON MEANS, R.P.L.S. NO. 6770, DO HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1B, CONDITION 3, TSPS STANDARD LAND SURVEY AS MADE ON THE GROUND UNDER MY SUPERVISION. J. DILLON MEANS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6770 REVISED 11-29-21 TSPS STANDARD LAND SURVEY PLAT OF A 0.117 ACRE PUBLIC DRAINAGE EASEMENT (5,077 SQUARE FEET) PORTION OF TURKEY CREEK ROAD J. H. JONES LEAGUE, A-26 COLLEGE STATION, BRAZOS COUNTY, TEXAS "When one person stands to gain over another, the facts must be uncovered" SCALE:1 INCH = 60 FEET SURVEY DATE: 07-30.2021 j PLAT DATE:11.16-2021 JOB NUMBER: 21.923 j CAD NAME: 21-923 POINT FILE: 21-542 (job) DRAWN BY: WJB CHECKED BY: JOM PREPARED BY: KERR SURVEYING, LLC TBPELS FIRM#10018500 409 N. TEXAS AVENUE, BRYAN, TEXAS 77803 PHONE: (979) 268-3195 SURVEYS@KERRSURVEYING.NET I KERRLANDSURVEYING.COM 5/8 INCH IRON ROD FOUND (CM) / • �tiy _• R 80028'36' E 69 35' rrt <->O) 90�F 344 •• SCALE: 1" = 60' 0 2-A us) rek 9 o m O N/F JOHN C. BOGARD, III CALLED 2.77 ACRE TRACT (973/733 ORBCT) SIB IRO IRON ROD FOURD ([�) ' R 80°2836 E 96.1T 5/8 INCH IRON ROD FOUND (CM) BEARS: S 80°28'36" W 0.66' N/F ROSS LILLEKER AND JENNIFER LILLEKER CALLED 5.088 ACRES (10852/270 6 7749/69 OPRBCT) POINT OF BEGINNING LEGEND: • ORBCT = DEED RECORDS OF BRAZOS COUNTY TEXAS • ORBCT = OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS • OPRBCT = OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS • 123/456 = VOLUME AND PAGE FROM PUBLIC COUNTY RECORDS • N/F = NOW OR FORMERLY • () = RECORD INFORMATION • O=1/2INCH IRON ROD WITH CAP STAMPED "KERR SURVEYING" FOUND UNLESS OTHERWISE NOTED Page 275 of 345 FIELD NOTES DESCRIPTION OF A 0.117 ACRE PUBLIC DRAINAGE EASEMENT 3603 SQUARE FEET J. H. JONES LEAGUE, ABSTRACT 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 0.117 OF AN ACRE IN THE J. H. JONES LEAGUE, ABSTRACT 26, COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF A PROPOSED 0.489 ACRE RIGHT-OF-WAY ABANDONMENT OF THE 100' RIGHT-OF- WAY OF TURKEY CREEK ROAD RECORDED IN VOLUME 195, PAGE 241 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; SAID 3603 SQUARE FEET BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch iron rod with cap stamped "KERR 4502" found on the northeast line of Turkey Creek Road marking the south corner of a called 5.008 acre tract conveyed to Ross Lilleker and Jennifer Lilleker in Volume 7749, Page 69 of the Official Public Records of Brazos County, Texas (OPRBCT); THENCE, through the right-of-way of Turkey Creek Road, N 36° 08' 14" W a distance of 338.67 feet to a point on the southwest line of said 0.489 acres and the POINT OF BEGINNING of this herein described tract, for reference City of College Station control monument CS94-164 bears N 02° 05' 35" W a distance of 1773.76 feet; THENCE, through said right-of-way of Turkey Creek Road, 100.00 feet from and parallel to the realigned southwest line of Turkey Creek Road as conveyed to the City of Bryan in Volume 9267, Page 132 (OPRBCT) for the following two (2) courses: 1) along a curve to the left having a radius of 850.01 feet, a delta angle of 01° 30' 45", and arc distance of 22.44 feet, and a chord which bears N 46° 06' 09''W a distance of 22.44 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found for the end of said curve; 2) N 46° 51' 32" W a distance of 94.06 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found on the existing westerly line of Turkey Creek Road for the southwest corner hereof; THENCE, along the existing westerly line of Turkey Creek Road and along a curve to the right having a radius of 1203.59 feet, a delta angle of 04° 32' 03", an arc distance of 95.25 feet and a chord which bears N 13° 48' 20" W a distance of 95.22 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set on the extension of the southeast line of HSC Parkway (9267/132 OPRBCT) far the end of said curve; THENCE, through said right-of-way of Turkey Creek Road with the extension of the southeast line of HSC Parkway and along a curve to the left having a radius of 1260.01 feet, a delta angle of 01° 41' 11", an arc distance of 37.08 feet and a chord which bears N 39° 21' 46" E a distance of 37.08 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set Wage 21-923.docx rage Llbui� on the extension of the common line of said 5.088 acre tract and a called 2.77 acre tract conveyed to John C. Bogard, III, in Volume 973, Page 733 of the Official Records of Brazos County, Texas (ORBCT), for the northwest corner of this herein described tract; THENCE, continuing through said right-of-way and along the extension of the common line of said 5.088 acre tract and said 2.77 acre tract, with the northwest line of said 0.489 acre tract, N 80° 28' 36" E for a distance of 1.61 feet to the northeast corner hereof, from which a calculated point on the existing easterly line of Turkey Creek Road, at the northwest corner of said 5.088 acre tract and the northeast corner of said 0.489 acre tract, bears N 80° 28' 36" E a distance of 69.85 feet; THENCE, continuing through said right-of-way of Turkey Creek Road, and through said 0.489 acres, for the following four (4) courses: 1) 511° 29' 57" E a distance of 36.54 feet to a paint; 2) 516° 05' 03" E a distance of 49.17 feet to a point; 3) 5 21° 40' 17" E a distance of 48.36 feet to a point; 4) 5 30° 46' 36" E a distance of 85.31 feet to the POINT OF BEGINNING hereof, and containing 0.117 acres (5,077 square feet), more or less. Surveyed on the ground July 2021 under my supervision. The bearing basis for this survey is based on the Texas State Plane Central Zone Grid North (NAD83) as established from GPS observation. Distances described herein are surface distances. To obtain grid distances (not areas) divide by a combined scale factor of 1.00010685810192 (calculated using geoidl2b). Reference drawing: 21-923. 11/29/21 J. Dillon Means Registered Professional Land Surveyor No. 6770 Revised 11-29-21 KERR SURVEYING Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-3195 I Web: www.kerrlandsurveuina.com Surveus(a kerrsurveuina.net I TBPELS Firm No.10018500 2IPage 21-923.dacx ivy + Page 277 of 345 VICINITY MAP I 1 0 0.0175 0.035 0.07 Miles 1 I I 1 1 1 I 1 8437 TURKEY CREEK RD I? NORTH This produc for informational purposes and may not have been prepared for or e suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents o ly the approximate relative location of property boundaries. Vo warra is made by the City of College Station regarding specific accuracy or c mpleteness. Pago 278 of 3/1 5 urpose(and may,nothaws-been prepar-d of Code r din• s•ecific'accurac uitable fo --gal, engin-ering, con letenes ROW DEDICATION TO BE ABANDONDED 0.489 ACRES not represerit'n-on-the-grou FOR OFFICE USE ONLY CASE NO.: DATE SUBMITTED: TIME: STAFF: ABANDONMENT OF PUBLIC RIGHT-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ❑ Abandonment of Public Right-of-Way/Easement Applicatpn Fee. (Refer to the Planning and Development Fee Schedule for all applicable fees) 719 ❑ Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. ❑ All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ❑ Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate current within ninety (90) days. The report must include applicable information such as ownership, liens, encumbrances, etc. ❑ For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the abandonment. ❑ For platted property, a copy of the plat showing the lot, block, subdivision, and recording information. LOCATION OF RIGHT-OF-WAY/EASEMENT TO BE ABANDONED (include legal description): IZOen% id cc4ed % nrY-e,,t C _ 2s,k • 9 %1 t}C .s I h AAN.LA . c L. i&- _, /os 2-(9, N1`s -Woje 77 8 ` 1 viz antt APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name RROSS iEDJOAT Q, Lt u..EKg 11L E-mail Mrs n4ode) 4-p ho41.14,;1.Cp /Yi Street Address 8437 Thigxeli cREEt, ROAD City COL14-6STA-rsot1 State "Tr Zip Code 7780S Phone Number 911 '.-219 1K S 3 Fax Number PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): a Name Ko% "� 011 rw e Lt jj — -.Wr E-mail 1r r (Snibrie I+-�'I��iil'�1�,I I Street Address: 9M`y i-1-61_�� _(er eL Lei (0i City �1�e � 'h` State Vx Zip Code'? 7eiiG Phone Number 617 zit 413 6 GHQ, Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and connect. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement of the owner. if there is more than one owner, all owners must sign the application or power of attorney. If the owner is a company, the application must be. accompanied by proof of autho. ' for the company's representative to sign the application on its behalf. itle Date 3/18 Page 1 of 8 Page 280 of 345 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. The undersigned will hold the City of College Station harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such abandonment. 2. Attached, marked Exhibit No. 1, is a sealed metes and bounds description of the area sought to be abandoned, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/ easement sought to be abandoned and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right -of- way/easement is situated, together with the record owners of such lots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment. 5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff to the abandonment. 6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so state) Name r-) 1'\ n'2_ — E-mail Street Address City Reason consent was not obtained: If objecting, points of objection: Name Street Address City Reason consent was not obtained: If objecting, points of objection: Name Street Address City Reason consent was not obtained: If objecting, points of objection: State Zip Code E-mail State Zip Code E-mail State Zip Code 3/18 Page 2 of 8 Page 281 of 345 7. That the abandonment will not result in property that does not have access to public roadways or utilities because: The property is surrounded on two of the three sides by public roadway, and there are no public utilities crossing the tract. A 10' PUE will be created along the Turkey Creek Road side of the abandonment area. 8. That there is no current public need or use for the easement or right-of-way because: The adjacent landowner has been using this area since the intersection of Turkey Creek Road and HSC Parkway was constructed in 2010. 9. That there is no anticipated future public need or use for the easement or right-of-way because: "There is adequate public right of way remaining tor tuture use. The adjacent land is unplatted, so should the tract redevelop in the future the city would be able to obtain easements or ROW via platting in the future. A 10' PUE will be dedicated on the Turkey Creek Road side of the abandonment area. 10. That all public utilities have access to serve current and future customers because: They are not affected by this ROW abandonment. A 10' Pue will be dedicated on the Turkey Creek Road side of the abandonment. 11. Such public right-of-way/easement has been and is being used as follows: Fenced yard and access drive for the adjacent property owner seeking the abandonment. swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. ,jet4 /1/1/ —(3VYUL,r ignature ana die U STATE OF TEXAS ACKNOWLEDGEMENT COUTY OF BRAZOS -t� - L Date Subscribed and sworn to before me, a Notary Public, this -a - -'day of ' ghpY PV6 RONNIE L CRAIG Notary ID #3151216 My Commission Expires June 9, 2023 t7 - / 1-t-s 6- -Y- 2O09-by Notary Publi and'fbr the State Texas 3/18 Page 3 of 8 Page 282 of 345 Application for Abandonment of a Public Right-of-Way/Easement Location: EXHIBIT NO. 1 Attached is a sealed copy of the metes and bounds description of the public right-of-way/easement situated in Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. , .,e,44t6 .43....m4t..".,46•,e► -g` 3/18 Page 4 of 8 Page 283 of 345 FIELD NOTES DESCRIPTION OF A 0.489 ACRE TRACT J. H. JONES LEAGUE, ABSTRACT 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 0.489 ACRES IN THE J. H. JONES LEAGUE, ABSTRACT 26, COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF THE 100' RIGHT-OF-WAY OF TURKEY CREEK ROAD RECORDED IN VOLUME 195, PAGE 241 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; SAID 0.489 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch iron rod with cap stamped "KERR 4502" found on the northeast line of Turkey Creek Road marking the south corner of a called 5.008 acre tract conveyed to Ross Lilleker and Jennifer Lilleker in Volume 7749, Page 69 of the Official Public Records of Brazos County, Texas (OPRBCT); THENCE, along the northeast line of Turkey Creek Road, N 32° 06' 30" W a distance of 7.71 feet to a 5/8 inch iron rod with cap stamped "KERR 4502" found and the POINT OF BEGINNING of this herein described tract; THENCE, through said right-of-way of Turkey Creek Road, 100.00 feet from and parallel to the realigned southwest line of Turkey Creek Road as conveyed to the City of Bryan in Volume 9267, Page 132 (OPRBCT) for the following three (3) courses: 1) N 32° 36' 21' W a distance of 142.85 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set for a paint of curvature; 2) along a curve to the left having a radius of 850.01 feet, a delta angle of 14° 15' 11", and arc distance of 211.45 feet, and a chord which bears N 39° 43' 56" W a distance of 210.91 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set for the end of said curve; 3) N 46° 51' 32" W a distance of 94.06 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set on the existing westerly line of Turkey Creek Road for a point of curvature; THENCE, along the existing westerly line of Turkey Creek Road and along a curve to the right having a radius of 1203.59 feet, a delta angle of 04° 32' 03", an arc distance of 95.25 feet and a chord which bears N 13° 48' 20" W a distance of 95.22 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set on the extension of the southeast line of HSC Parkway (9267/132 OPRBCT) for the end of said curve; THENCE, through said right-of-way of Turkey Creek Road with the extension of the southeast line of HSC Parkway and along a curve to the left having a radius of 1260.01 feet, a delta angle of 01° 41' 11", an arc distance of 37.08 feet and a chord which bears N 39° 21' 46" E a distance of 37.08 feet to a 1/2 inch iron rod set on the extension of the common line 1IPage 21-542.docx a of said 5.088 acre tract and a called 2.77 acre tract conveyed to John C. Bogard, III, in Volume 973, Page 733 of the Official Records of Brazos County, Texas (ORBCT) and the northwest corner of this herein described tract; THENCE, continuing through said right-of-way and along the extension of the common line of said 5.088 acre tract and said 2.77 acre tract, N 80° 28' 36" E, at 70.80 feet pass a 5/8 inch iron rod found, continue on a total distance of 71.46 feet to a calculated point on the existing easterly line of Turkey Creek Road for the northeast corner of this herein described tract, for reference a 5/8 inch iron rod found marking an angle point in said common line bears N 80° 28' 36" E a distance of 296.77 feet and also for reference College Station control monument CS94-164 bears N 01° 52' 57" W a distance of 1560.54 feet; THENCE, along the existing easterly line of Turkey Creek Road, same being the westerly line of said 5.088 acre tract, for the following two (2) courses: 1) along a curve to the left having a radius of 1103.59 feet, a delta angle of 21° 39' 13", an arc distance of 417.08 feet, and a chard which bears 5 21° 16' 54" E a distance of 414.60 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set for the end of said curve; 2) 5 32° 06' 30" E a distance of 110.37 feet to the POINT OF BEGINNING hereof, and containing 0.489 acres, more or less. Surveyed on the ground July 2021 under my supervision. The bearing basis for this survey is based on the Texas State Plane Central Zone Grid North (NAD83) as established from GPS observation. Distances described herein are surface distances. To obtain grid distances (not areas) divide by a combined scale factor of 1.00010685810192 (calculated using geaidl2b). #,P-EOF R-i' y)4w �o cry\ J. DILLON MEANS J. Dillon Means Registered Professional Land Surveyor No. 6770 Revised 11-17-21 KERR SURVEYING Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-3195 I Web: www.kerrlandsurveuina.com Surveus(alkerrsurveuina.net I TBPELS Firm No.10018500 2IPage 21-542.docx q Nage ob of 345 <KERR `SURVEYING J FIELD NOTES DESCRIPTION OF A 10' PUBLIC UTILITY EASEMENT 4093 SQUARE FEET J. H. JONES LEAGUE, ABSTRACT 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 4093 SQUARE FEET IN THE J. H. JONES LEAGUE, ABSTRACT 26, COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF A PROPOSED 0.489 ACRE RIGHT-OF-WAY ABANDONMENT OF THE 100' RIGHT-OF- WAY OF TURKEY CREEK ROAD RECORDED IN VOLUME 195, PAGE 241 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; SAID 4093 SQUARE FEET BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch iron rod with cap stamped "KERR 4502" found on the northeast line of Turkey Creek Road marking the south corner of a called 5.008 acre tract conveyed to Ross Lilleker and Jennifer Lilleker in Volume 7749, Page 69 of the Official Public Records of Brazos County, Texas (OPRBCT); THENCE, along the northeast line of Turkey Creek Road, N 32° 06' 30" W a distance of 7.71 feet to a 5/8 inch iron rod with cap stamped "KERR 4502" found and the POINT OF BEGINNING of this herein described tract, for reference City of College Station control monument CS94-164 bears N 07° 16' 33" W a distance of 2056.24 feet; THENCE, through said right-of-way of Turkey Creek Road, 100.00 feet from and parallel to the realigned southwest line of Turkey Creek Road as conveyed to the City of Bryan in Volume 9267, Page 132 (OPRBCT) for the following three (3) courses: 1) N 32° 36' 21" W a distance of 142.85 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found for a point of curvature; 2) along a curve to the left having a radius of 850.01 feet, a delta angle of 14° 15' 11", and arc distance of 211.45 feet, and a chord which bears N 39° 43' 56" W a distance of 210.91 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found for the end of said curve; 3) N 46° 51' 32" W a distance of 94.06 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found on the existing westerly line of Turkey Creek Road for a paint of curvature; THENCE, along the existing westerly line of Turkey Creek Road and along a curve to the right having a radius of 1203.59 feet, a delta angle of 04° 32' 03", an arc distance of 95.25 feet and a chord which bears N 13° 48' 20" W a distance of 95.22 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found on the extension of the southeast line of HSC Parkway (9267/132 OPRBCT) for the end of said curve; 1IPage 21-717.docx 4% THENCE, through said right-of-way of Turkey Creek Road with the extension of the southeast line of HSC Parkway and along a curve to the left having a radius of 1260.01 feet, a delta angle of 01° 41' 11", an arc distance of 37.08 feet and a chord which bears N 39° 21' 46" E a distance of 37.08 feet to the north corner of this herein described easement; THENCE, continuing through said right-of-way of Turkey Creek Road for the fallowing three (3) courses: 1) N 80° 28' 36" E a distance of 14.89 feet to a point of curvature; 2) along a curve to the right having a radius of 1270.02 feet, a delta angle of 01° 57' 58", an arc distance of 43.58 feet and a chord which bears 5 39° 00' 11" W a distance of 43.58 feet to the end of said curve; 3) along a curve to the left having a radius of 1193.59 feet, a delta angle of 04° 10' 13", an arc distance of 86.88 feet, and a chord which bears 513° 51' 20" E a distance of 86.86 feet to the end of said curve; 4) 5 46° 51' 32" E a distance of 91.30 feet to a point of curvature; 5) along a curve to the right having a radius of 860.01 feet, a delta angle of 09° 23' 45", an arc distance of 4141.03 feet, and a chord which bears 5 42° 09' 39" E a distance of 140.87 feet to the end of said curve on the existing easterly line of FM 2513; THENCE, along the existing easterly line of Turkey Creek Road, same being the westerly line of said 5.088 acre tract, for the following two (2) courses: 1) along a curve to the left having a radius of 1103.59 feet, a delta angle of 05° 28' 41", an arc distance of 105.51 feet, and a chord which bears 5 29° 22' 10" E a distance of 105.47 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found for the end of said curve; 2) 5 32° 06' 30" E a distance of 110.37 feet to the POINT OF BEGINNING hereof, and containing 4093 square feet, mare or less. Surveyed on the ground July 2021 under my supervision. The bearing basis for this survey is based on the Texas State Plane Central Zone Grid North (NAD83) as established from GPS observation. Distances described herein are surface distances. To obtain grid distances (not areas) divide by a combine ' scale factor of 1.00010685810192 (calculated using geoidl2b). Reference drawing: 21-717. J. Dillon Means Registered Professional Land Surveyor No. 6770 Revised 11-16-2021 KERR SURVEYING Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-3195 I Web: www.kerrlandsurveuina.com Surveus(ikerrsurveuina.net I TBPELS Firm No.10018500 2IPag e 21-717.docx rage Lor ui � 5 FIELD NOTES DESCRIPTION OF A 0.117 ACRE PUBLIC DRAINAGE EASEMENT 3603 SQUARE FEET J. H. JONES LEAGUE, ABSTRACT 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 0.117 OF AN ACRE IN THE J. H. JONES LEAGUE, ABSTRACT 26, COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF A PROPOSED 0.489 ACRE RIGHT-OF-WAY ABANDONMENT OF THE 100' RIGHT-OF- WAY OF TURKEY CREEK ROAD RECORDED IN VOLUME 195, PAGE 241 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; SAID 3603 SQUARE FEET BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch iron rod with cap stamped "KERR 4502" found on the northeast line of Turkey Creek Road marking the south corner of a called 5.008 acre tract conveyed to Ross Lilleker and Jennifer Lilleker in Volume 7749, Page 69 of the Official Public Records of Brazos County, Texas (OPRBCT); THENCE, through the right-of-way of Turkey Creek Road, N 36° 08' 14" W a distance of 338.67 feet to a point on the southwest line of said 0.489 acres and the POINT OF BEGINNING of this herein described tract, for reference City of College Station control monument CS94-164 bears N 02° 05' 35" W a distance of 1773.76 feet; THENCE, through said right-of-way of Turkey Creek Road, 100.00 feet from and parallel to the realigned southwest line of Turkey Creek Road as conveyed to the City of Bryan in Volume 9267, Page 132 (OPRBCT) for the following two (2) courses: 1) along a curve to the left having a radius of 850.01 feet, a delta angle of 01° 30' 45", and arc distance of 22.44 feet, and a chord which bears N 46° 06' 09''W a distance of 22.44 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found for the end of said curve; 2) N 46° 51' 32" W a distance of 94.06 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" found on the existing westerly line of Turkey Creek Road for the southwest corner hereof; THENCE, along the existing westerly line of Turkey Creek Road and along a curve to the right having a radius of 1203.59 feet, a delta angle of 04° 32' 03", an arc distance of 95.25 feet and a chord which bears N 13° 48' 20" W a distance of 95.22 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set on the extension of the southeast line of HSC Parkway (9267/132 OPRBCT) far the end of said curve; THENCE, through said right-of-way of Turkey Creek Road with the extension of the southeast line of HSC Parkway and along a curve to the left having a radius of 1260.01 feet, a delta angle of 01° 41' 11", an arc distance of 37.08 feet and a chord which bears N 39° 21' 46" E a distance of 37.08 feet to a 1/2 inch iron rod with cap stamped "KERR SURVEYING" set Wage 21-923.docx rage L00 ui � 5 on the extension of the common line of said 5.088 acre tract and a called 2.77 acre tract conveyed to John C. Bogard, III, in Volume 973, Page 733 of the Official Records of Brazos County, Texas (ORBCT), for the northwest corner of this herein described tract; THENCE, continuing through said right-of-way and along the extension of the common line of said 5.088 acre tract and said 2.77 acre tract, with the northwest line of said 0.489 acre tract, N 80° 28' 36" E for a distance of 1.61 feet to the northeast corner hereof, from which a calculated point on the existing easterly line of Turkey Creek Road, at the northwest corner of said 5.088 acre tract and the northeast corner of said 0.489 acre tract, bears N 80° 28' 36" E a distance of 69.85 feet; THENCE, continuing through said right-of-way of Turkey Creek Road, and through said 0.489 acres, for the following four (4) courses: 1) 511° 29' 57" E a distance of 36.54 feet to a paint; 2) 516° 05' 03" E a distance of 49.17 feet to a point; 3) 5 21° 40' 17" E a distance of 48.36 feet to a point; 4) 5 30° 46' 36" E a distance of 85.31 feet to the POINT OF BEGINNING hereof, and containing 0.117 acres (5,077 square feet), more or less. Surveyed on the ground July 2021 under my supervision. The bearing basis for this survey is based on the Texas State Plane Central Zone Grid North (NAD83) as established from GPS observation. Distances described herein are surface distances. To obtain grid distances (not areas) divide by a combined scale factor of 1.00010685810192 (calculated using geoidl2b). Reference drawing: 21-923. 11/29/21 J. Dillon Means Registered Professional Land Surveyor No. 6770 Revised 11-29-21 KERR SURVEYING Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-3195 I Web: www.kerrlandsurveuina.com Surveus(a kerrsurveuina.net I TBPELS Firm No.10018500 2IPage 21-923.dacx ivy + Page 289 of 345 Application for Abandonment of a Public Right-of-Way/Easement Location: EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above - mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. Jti/ifiSef-\ bass L;ike '1-13-1-ilArkrai Lite/4,6 e01,(91,e_No „--CY -77gL-16 3/18 Page 5 of 8 Page 290 of 345 1 SCALE: 1" = 50' •• R1=na. rBV-8'36" E 2965. SURVEYOR'S CERTIFICATE: CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD BEARING CHORD LENGTH C1 850.01' 14°15'11" 211.45' N 39°43'56" W 210.91' C2 1,203.59' 4°32'03" 95.25' N 13°48'20" W 95.22' C3 1,260.01' 1°41'11" 37.08' N 39°21'46" E 37.08' C4 1,103.59' 21°39'13" 417.08' S 21°16'54" E 414.60' 5/8 INCH IRON ROD / N/F FOUND (CM) JOHN C. BOGARD, III CALLED 2.77 ACRE TRACT 1 Z (973/733 ORBCT) i) / 1ut yo, � / co 51 8 INCN IRON ROD_ /N 80°28'36�46' 5/8 INCH IRON ROD FOUND (CM) BEARS: S B0°28'36" W 0.66' I, DILLON MEANS, R.P.L.S. NO. 6770, DO HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1B, CONDITION 3, TSPS STANDARD LAND SURVEY AS MADE ON THE GROUND UNDER MY SUPERVISION. 1l-11-3Op\ J. DILLON MEANS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6770 \ 1 •GSTeR :. J. DILLON MEANS 6770 (1 %-Pess\0 yO �%•suaVY- TSPS STANDARD LAND SURVEY PLAT OF A 0.489 ACRE TRACT PORTION OF FM 2513 - TURKEY CREEK ROAD J. H. JONES LEAGUE, A-26 COLLEGE STATION, BRAZOS COUNTY, TEXAS "When one person stands to gain over another, the fads must be uncovered" SCALE:1 INCH = 50 FEET SURVEY DATE: 07-30-2021 I PLAT DATE: 08-02-2021 JOB NUMBER: 21.5421 CAD NAME: 21-542 POINT FILE: 21-542 (job) DRAWN BY: NLBW CHECKED BY: IBM PREPARED BY: KERR SURVEYING, LLC TBPELS FIRM#10018500 409 N. TEXAS AVENUE, BRYAN, TEXAS 77803 PHONE: (979) 268-3195 SURVEYSra KERRSURVEYING.NET I KERRLANDSURVEYING.COM o�G� `9'5' REVISED 11-17-21 GENERAL NOTES BEARING SYSTEM SHOWN HEREON 15 BASED ON THE TEXAS STATE PLANE CENTRAL ZONE GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION USING THE LEICA SMARTNET NAD83 (NA2011) EPOCH 2010 MULTI -YEAR CORS SOLUTION 2 (MYCS2). DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) DIVIDE BY A COMBINED SCALE FACTOR OF 1.00010685810192 (CALCULATED USING GEOID12B). (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TO BE ONE INSTRUMENT TOGETHER. N/F ROSS LILLEKER AND JENNIFER LILLEKER CALLED 5.088 ACRES (10852/270 Er 7749/69 OPRBCT) POINT OF BEGINNING 5/8 INCH IRON ROD WITH CAP STAMPED "KERR 4502" FOUND (CM) N 32°06'30" W 7.71' LEGEND: DRBCT = DEED RECORDS OF BRAZOS COUNTY, TEXAS ORBCT = OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS OPRBCT = OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS 123/456 = VOLUME AND PAGE FROM PUBLIC COUNTY RECORDS N/F = NOW OR FORMERLY () = RECORD INFORMATION Q =1/2 INCH IRON ROD WITH CAP STAMPED "KERR SURVEYING" SET UNLESS OTHERWISE NOTED W000 FENCE 1 5/8 INCH IRON ROD WITH CAP STAMPED "KERR 4502" FOUND (CM) N/F DANNY DANIEL CALLED 4.934 ACRE TRACT (14630/187 ORBCT) Page 291 of 345 5/B INCH IRON ROD FOUND (CM) RADIUS=1,260.01' ARC DIST=37.08' DELTA=1°41'11" TANGENT=18.54' CHORD=N 39°21'46" E 37.08' RADIUS=1,203.59' DELTA=4°32'03" ARC=95.25' TANGENT=47.65' CHORD=N 13°48'20" W QO c- ti y. / 490°2936" E 14.89' N S0°2836" E 56.58' / / RADIUS=1,270.02' ///_� ARC DIST=43.58' r DELTA=1°5T58" TANGENT=21.79' %1 CHORD=S 39°00'11" W 43.58' c1 A 1 RADIUS=1,193.59' 1 ARC DI5T=86.88' i. DELTA=4°10'13" 1 TANGENT=43.46' 1 CHORD=513°51'20" E 86.86' 1 95.22' k 90 c- • ♦♦S 90.9 ��,o 'ye �O s3› 200 �0 O SURVEYOR'S CERTIFICATE: I, DILLON MEANS, R.P.L.S. NO. 6770, DO HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1B, CONDITION 3, TSPS STANDARD LAND SURVEY AS MADE ON THE GROUND UNDER M SUPERVISION. 1. DILLON MEANS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6770 TSPS STANDARD LAND SURVEY PLAT OF A 10' PUBLIC UTILITY EASEMENT 4093 SQUARE FEET PORTION OF TURKEY CREEK ROAD J. H. JONES LEAGUE, A-26 COLLEGE STATION, BRAZOS COUNTY, TEXAS "When one person stands to gain over another, the facts must be uncovered" N/F JOHN C. BOGARD, III CALLED 2.77 ACRE TRACT (973/733 ORBCT) 5181NCNIRON : FOUND, 2965T1 N 80°283° 5/8 INCH IRON ROD FOUND (CM) BEARS: 5 80°28'36" W 0.66' N/F ROSS LILLEKER AND JENNIFER LILLEKER CALLED 5.088 ACRES (10852/270 8 7749/69 OPRBCT) RADIUS=860.01' DELTA=9°23'45" ARC=141.03' TANGENT=70.67' CHORD=5 42°09'39" E 140.87' RADIUS=850.01' DELTA=14°1511" ARC=211.45' TANGENT=106.2T CHORD=N 39°43'56" W 210.91' SCALE:1 INCH = 60 FEET SURVEY DATE: 07-30-2021 I PLAT DATE: 08-27-2021 JOB NUMBER: 21-7171 CAD NAME: 21-717 POINT FILE: 21-542 (job) DRAWN BY: NLBW CHECKED BY:10M PREPARED BY: KERR SURVEYING, LLC TOPELS FIRM#10018500 409 N. TEXAS AVENUE, BRYAN, TEXAS 77803 PHONE: (979) 268-3195 SURVEYSf KERRSURVEYING.NETIKERRLANOSURVEYING.COM REVISED 11-16-21 (20 SCALE: 1" = 60' LEGEND: • DRBCT = DEED RECORDS OF BRAZOS COUNTY TEXAS • ORBCT = OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS • OPRBCT = OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS • 123/456 = VOLUME AND PAGE FROM PUBLIC COUNTY RECORDS • N/F = NOW OR FORMERLY • ()= RECORD INFORMATION • Q = 1/2 INCH IRON ROD WITH CAP STAMPED "KERR SURVEYING" FOUND UNLESS OTHERWISE NOTED GENERAL NOTES BEARING SYSTEM SHOWN HEREON IS BASED ON THE TEXAS STATE PLANE CENTRAL ZONE GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION USING THE LEICA SMARTNET NAD83 (NA2011) EPOCH 2010 MULTI -YEAR CORS SOLUTION 2 (MYCS2). DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) DIVIDE BY A COMBINED SCALE FACTOR OF 1.00010685810192 (CALCULATED USING GEOID12B). (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TO BE ONE INSTRUMENT TOGETHER. RADIUS=1,103.59' DELTA=5°28'41" ARC=105.51' TANGENT=52.80' CHORD=5 29°22'10" E 105.47' 1 POINT OF BEGINNING 5/8 INCH IRON ROD WITH CAP STAMPED 'KERR 4502' FOUND (CM) N 32°06'30" W 7.71' 5/8 INCH IRON ROD WITH CAP STAMPED 'KERR 4502' FOUND (CM) N/F DANNY DANIEL CALLED 4.934 ACRE TRACT (14630/187 ORBCT) Page 292 of 345 LINE BEARING DISTANCE Ll N 80°28'36" E 1.61' L2 S 11°29'57" E 36.54' L3 516°05'03" E 49.17' L4 S 21°40'17" E 48.36' L5 S 30°46'36" E 85.31' GENERAL NOTES BEARING SYSTEM SHOWN HEREON IS BASED ON THE TEXAS STATE PLANE CENTRAL ZONE GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION USING THE LEICA SMARTNET NAD83 (NA2011) EPOCH 2010 MULTI -YEAR COBS SOLUTION 2 (MYCS2). DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) DIVIDE BY A COMBINED SCALE FACTOR OF 1.00010685810192 (CALCULATED USING GEOID12B). (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TO BE ONE INSTRUMENT TOGETHER. SURVEYOR'S CERTIFICATE: CURVE I Cl I C2 I C3 RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH 850.01' 22.44' 1030'45" N 46°06'09" W 22.44' 1,203.59' 95.25' 4°32'03" N 13048'20" W 95.22' 1,260.01' 37.06' 1041'11" N 39°21'46" E 37.08' I, DILLON MEANS, R.P.L.S. NO. 6770, DO HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1B, CONDITION 3, TSPS STANDARD LAND SURVEY AS MADE ON THE GROUND UNDER MY SUPERVISION. J. DILLON MEANS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6770 REVISED 11-29-21 TSPS STANDARD LAND SURVEY PLAT OF A 0.117 ACRE PUBLIC DRAINAGE EASEMENT (5,077 SQUARE FEET) PORTION OF TURKEY CREEK ROAD J. H. JONES LEAGUE, A-26 COLLEGE STATION, BRAZOS COUNTY, TEXAS "When one person stands to gain over another, the facts must be uncovered" SCALE:1 INCH = 60 FEET SURVEY DATE: 07-30.2021 j PLAT DATE:11.16-2021 JOB NUMBER: 21.923 j CAD NAME: 21-923 POINT FILE: 21-542 (job) DRAWN BY: WJB CHECKED BY: JOM PREPARED BY: KERR SURVEYING, LLC TBPELS FIRM#10018500 409 N. TEXAS AVENUE, BRYAN, TEXAS 77803 PHONE: (979) 268-3195 SURVEYS@KERRSURVEYING.NET I KERRLANDSURVEYING.COM 5/8 INCH IRON ROD FOUND (CM) / • �tiy _• R 80028'36' E 69 35' rrt <->O) 9B�F 344 •• SCALE: 1" = 60' 0 2-A us) rek 9 o m O N/F JOHN C. BOGARD, III CALLED 2.77 ACRE TRACT (973/733 ORBCT) SIB IRO IRON ROD FOURD ([�) ' R 80°2836 E 96.1T 5/8 INCH IRON ROD FOUND (CM) BEARS: S 80°28'36" W 0.66' N/F ROSS LILLEKER AND JENNIFER LILLEKER CALLED 5.088 ACRES (10852/270 6 7749/69 OPRBCT) POINT OF BEGINNING LEGEND: • ORBCT = DEED RECORDS OF BRAZOS COUNTY TEXAS • ORBCT = OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS • OPRBCT = OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS • 123/456 = VOLUME AND PAGE FROM PUBLIC COUNTY RECORDS • N/F = NOW OR FORMERLY • () = RECORD INFORMATION • O=1/2INCH IRON ROD WITH CAP STAMPED "KERR SURVEYING" FOUND UNLESS OTHERWISE NOTED Page 293 of 345 Application for Abandonment of a Public Right-of-Way/Easement Location: HSC Parkway and Turkey Creek Road EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: WELLBORN SUD By: Title: 3/18 Page 6 of 8 Page 294 of 345 Application for Abandonment of a Public Right-of-Way/Easement Location: HSC Parkway and Turkey Creek Road EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof, ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Title: SIJDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: �' �•5.,�.�.��i� Title' ) s :i.v WELLBORN SUD By: Title: f 3I18 Page 6 of 8 Page 295 of 345 Application for Abandonment of a Public Right-of-Way/Easement Location: HSC Parkway and Turkey Creek Road EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By. /1ra c.e Title: OSP Engineering SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: WELLBORN SUD By: Title: 3/18 Page 6 of 8 Page 296 of 345 Application for Abandonment of a Public Right-of-Way/Easement Location: HSC Parkway and Turkey Creek Road EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: Supervisor Operations 9.8.2021 BRYAN TEXAS UTILITIES By: Title: WELLBORN SUD By: Title: 3/18 Page 6 of 8 Page 297 of 345 Application for Abandonment of a Public Right-of-Way/Easement Location: HSC Parkway and Turkey Creek Road EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: WELLBORN SUD 3118 Page 6 of 8 Page 298 of 345 Application for Abandonment of a Public Right -of -Way / Easement Location: HSC Parkway and Turkey Creek Road EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. x Oadibt- X City Engineer Building Official City of College Station City of College Station - �rO Zoning Official Fire Marshal City of College Station City of College Station x x Elecrtic Department Water Services Department City of College Station City of College Station Public Works Director City of College Station Page 299 of 345 Application for Abandonment of a Public Right-of-Way/Easement Location: EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. NAME: L (1 � �� JP ��n� �+ ADDRESS: 2T( 7 I" l in° D k NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 3/18 Page 8 of 8 Page 300 of 345 January 13, 2022 Item No. 8.2. 8765 HSC Parkway Sponsor: Jesse Dimeolo Reviewed By CBC: Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, "Unified Development Ordinance, "Article 4, Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from PDD Planned Development District and R Rural to PDD Planned Development District on approximately 21 acres located at 8765 HSC Parkway, generally located between Biomedical Way and State Highway 47. Relationship to Strategic Goals: • Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their December 16, 2021 meeting where they voted unanimously to recommend approval. Staff also recommends approval of the rezoning. Summary: The applicant is requesting a zoning change to bring the entire tract under a new Planned Development District with two different base zoning districts. Area 1 located on the northside of the new public street that cuts through the property will have a base zoning of MF Multi -Family. Area 2 on the southside will have a base zoning of GC General Commercial. The applicant has requested the proposed amendment to also allow reduced setbacks and parking flexibility. This an initial step toward developing a mixed -use destination adjacent to the BioCorridor. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The Comprehensive Plan Future Land Use and Character Map designates the subject property as Neighborhood Center. The Comprehensive Plan generally describes the Neighborhood Center land use designation as follows: Neighborhood Center — Areas that are appropriate for a mix of uses arranged in a compact and walkable pattern at a smaller scale than Urban Centers. These areas consist of residential, commercial, and office uses arranged horizontally in an integrated manner and may be mixed vertically within structures. Neighborhood Centers should also incorporate consolidated parking facilities, access to transportation alternatives, open space and recreational facilities, and public uses. The proposal for a mixed -use development with restaurants, retail, hospitality services, and apartments to be built at this site is consistent with the Comprehensive Plan. With easy access to Easterwood Airport and being in close proximity to the BioCorridor and Texas A&M Health Science Center, this development is providing a place of entertainment and living for those who work and play in the area. The proposed uses should build on the assets existing in the area while protecting and enhancing this primary gateway into the city. Page 301 of 345 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The property has frontage on SH 47 to the south and HSC Parkway to the north. Adjacent properties to the north and east are zoned PDD Planned Development District and BP Business Park. Adjacent properties are partially developed and continuing to build out with medical science facilities and laboratories. The proposed PDD zoning is appropriate in the context of the surrounding area. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The proposed concept plan for the property totals approximately 21 acres, fronting on HSC Parkway and SH 47. The proposed zoning offers a higher and better use than the existing R Rural zoning and helps stimulate commercial development and density in the area. The development will help provide an atmosphere capable of creating a mix of uses desired for the BioCorridor area. Emphasis will be placed on walkability and internal connection around a central steady state retention pond with boardwalks and commercial tenant spaces surrounding it. The property is physically suitable for the proposed rezoning. 4. Whether there is available water, sanitary sewer, storm water, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: Domestic water and fire flow service for this tract will be provided by the City of College Station via extending existing 8" waterline infrastructure stubbed to the property. Wastewater service for this tract will be provided by the City of Bryan. Water and sewer capacity for the proposed development is currently available. Detention is required in accordance with the BCS guidelines. Drainage and any other infrastructure required with the site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The subject tract within the city limits has frontage on SH 47 frontage road. SH 47 is designated as a Freeway/Expressway on the City's Thoroughfare Plan. A traffic impact analysis was performed for the rezoning requested and did not identify any traffic mitigation needed beyond potential right -turn deceleration lanes for the proposed access locations. 5. The marketability of the property: The applicant states that the proposed PDD will significantly increase the marketability of the property by providing a higher range of uses, more businesses, more accessibility and ultimately more economic opportunities. REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed building and parking areas as well as other site related features. In proposing a PDD, an applicant may also request variations to the general platting and site development standards provided that those variations are outweighed by demonstrated community benefits of the proposed development. The Unified Development Ordinance provides the following review criteria as the basis for reviewing PDD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Page 302 of 345 Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. Purpose, Intent and Community Benefits: The proposed Planned Development District for this property outlines the purpose, intent, and community benefit of the proposed development, which is to promote and encourage innovative development that is sensitive to surrounding land uses and to the natural environment. The intent is to support the community and help collaborative innovation, along with meeting everyday needs of the community, residents, workers, employers, and researchers. Base Zoning and Modifications Requested: At the time of site plan, the project will need to meet all applicable site development standards and platting requirements of the Unified Development Ordinance for the following base zoning districts, except where meritorious modifications are granted with the PDD zoning. The applicant is requesting the following meritorious modifications: The base zoning district for Area 1 as shown on the Concept Plan shall be MF Multi -Family with the following modifications to the requirements: • Overhead support cables for decorative lighting to be extended across Eubanks Lane between the multi -family structures to help create a sense of place and an attractive urban environment. Section 12-7.3 Off -Street Parking Standards: • Parking in Area 1 will be determined for the entire area and individual lots or building plots do not have to meet parking requirements as long as the minimum parking requirements for the developed portion of Area 1 has been provided. • Parallel parking spaces shall be allowed along the public street and this parking shall count toward the overall Area 1 parking requirements. • Angled head in parking shall be allowed along Eubanks Lane and this parking shall count toward the overall Area 1 parking requirements. Section 12-5.2 Residential Dimensional Standards: • Reduction in the front setback from 15' to 10'. The base zoning district for Area 2 as shown on the Concept Plan shall be GC General Commercial with the following modifications to the requirements: Section 12-5.4 Non -Residential Dimensional Standards: Page 303 of 345 • Reduction in the front setback from 25' to 15'. Section 12-7.3 Off -Street Parking Standards: • Parking in Area 2 will be determined for the entire area and individual lots or building plots do not have to meet parking requirements as long as the minimum parking requirements for the developed portion of Area 2 has been provided. • Parallel parking spaces shall be allowed along the public street and this parking shall count toward the overall Area 2 parking requirements. • Parking ratios and counts will be determined at Site Planning. Section 12-7.6 Landscaping and Tree Protection: The Landscaping shall be provided for the following purposes: • To make available a walkable environment for residents, customers, guests and other users; • To provide visual interest; • To obscure the view of parking, loading and service areas; • To provide protection from soil erosion; and • To remove, reduce or absorb the impact between one use and another. The landscaping requirements for Area 2 shall be determined for the entire area and individual lots or building plots do not have to meet landscape requirements as long as the minimum landscape requirements for the developed portion of Area 2 has been provided. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Vicinity Map, Aerial, and Small Area Map 3. Background Information 4. Rezoning Map 5 Rezoning Exhibit 6 Applicant's Supporting Information 7. Concept Plan Page 304 of 345 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 4 "ZONING DISTRICTS," SECTION 4.2, "OFFICIAL ZONING MAP" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING APPROXIMATELY 21 ACRES LOCATED AT 8765 HSC PARKWAY, GENERALLY LOCATED BETWEEN BIOMEDICAL WAY AND STATE HIGHWAY 47 FROM PDD PLANNED DEVELOPMENT DISTRICT AND R RURAL TO PDD PLANNED DEVELOPMENT DISTRICT; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts," Section 4.2 "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", Exhibit "B", Exhibit "C" and Exhibit D attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 08-27-19 Page 305 of 345 ORDINANCE NO. Page 2 of 8 PASSED, ADOPTED, and APPROVED this 13th day of January, 2022. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Ordinance Form 08-27-19 Page 306 of 345 ORDINANCE NO. Page 3 of 8 Exhibit A That Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from PDD Planned Development District and R Rural to PDD Planned Development District: METES AND BOUNDS DESCRIPTION OF A 20.537 ACRE TRACT J. H. JONES SURVEY, A-26 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE J. H. JONES SURVEY, ABSTRACT NO. 26, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF A CALLED 20.5424 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO CAMWEST TRADITIONS LP RECORDED IN VOLUME 8555, PAGE 167 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A CONCRETE RIGHT-OF-WAY MARKER FOUND ON THE NORTHEAST LINE OF RAYMOND STOTZER PARKWAY - STATE HIGHWAY 47 (R.O.W. VARIES) MARKING THE SOUTHEAST CORNER OF SAID 20.5424 ACRE TRACT AND THE SOUTHWEST CORNER OF A CALLED 5.591 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO M-MC-J PARTNERSHIP RECORDED IN VOLUME 11423, PAGE 248 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 70° 29' 50" W ALONG THE NORTHEAST LINE OF STATE HIGHWAY 47 FOR A DISTANCE OF 1257.75 FEET (DEED CALL: N 70° 27' 18" W - 1258.16 FEET, 8555/167) TO A CONCRETE RIGHT-OF-WAY MARKER FOUND MARKING THE SOUTHEAST CORNER OF A CALLED 151.398 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO BRYAN COMMERCE AND DEVELOPMENT RECORDED IN VOLUME 7874, PAGE 169 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 46° 49' 40" W ALONG THE COMMON LINE OF SAID 20.5424 ACRE TRACT AND SAID I51.398 ACRE TRACT FOR A DISTANCE OF 287.09 FEET (DEED CALL: N 46° 4T 50" W - 286.64 FEET, 8555/167) TO A 5/8 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID 20.5424 ACRE TRACT AND THE SOUTH CORNER OF THE REMAINDER OF A CALLED 56.217 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO BRYAN COMMERCE AND DEVELOPMENT RECORDED IN VOLUME 7878, PAGE 273 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 41° 43' 57" E ALONG THE COMMON LINE OF SAID 20.5424 ACRE TRACT AND SAID REMAINDER OF 56.217 ACRE TRACT FOR A DISTANCE OF 889.53 FEET (DEED CALL: N 41° 44' 35" E - 889.55 FEET, 8555/167) TO A 1/2 INCH IRON ROD FOUND ON THE SOUTH LINE OF HSC PARKWAY (125' R.O.W.) MARKING THE NORTH CORNER OF SAID 20.5424 ACRE TRACT AND THE WEST CORNER OF THE REMAINDER OF A CALLED 324.83 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO BRYAN COMMERCE AND DEVELOPMENT INC. RECORDED IN VOLUME 4023, PAGE 91 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 47° 18' 53" E ALONG THE NORTHEAST LINE OF SAID 20.5424 ACRE TRACT FOR A DISTANCE OF 1184.04 FEET (DEED CALL: S 47° 18' 00" E - 1184.16 FEET, 8555/167) TO A 1/2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF A CALLED 0.55 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO THE CITY OF BRYAN RECORDED IN VOLUME 11256, PAGE 87 OF Ordinance Form 08-27-19 Page 307 of 345 ORDINANCE NO. Page 4 of 8 THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 20.5424 ACRE TRACT AND THE NORTH CORNER OF SAID 5.591 ACRE TRACT; THENCE: S 45° 50' 18" W ALONG THE COMMON LINE OF SAID 20.5424 ACRE TRACT AND SAID 5.591 ACRE TRACT FOR. A DISTANCE OF 394.34 FEET (DEED CALL: S 45° 50' 45" W - 394.39 FEET, 8555/167) TO A 1/2INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID 5.591 ACRE TRACT; THENCE: S 46° 44' 13" E CONTINUING ALONG SAID COMMON LINE FOR A DISTANCE OF 295.74 FEET (DEED CALL: S 46° 38' 25" E - 295.80 FEET, 8555/167) TO THE POINT OF BEGINNING CONTAINING 20.537 ACRES OF LAND, AS SURVEYED ON THE GROUND NOVEMBER, 2015. SEE PLAT PREPARED NOVEMBER, 2015, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED BY GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4502 \\JOBSI15-1004115-1004.docx 4502 -.;: "5" 0.:kj, Ordinance Form 08-27-19 Page 308 of 345 ORDINANCE NO. Page 5 of 8 Exhibit B Ordinance Form 08-27-19 Page 309 of 345 ORDINANCE NO. Page 6 of 8 Exhibit C Purpose, Intent and Community Benefits: The proposed Planned Development District for this property outlines the purpose, intent, and community benefit of the proposed development, which is to promote and encourage innovative development that is sensitive to surrounding land uses and to the natural environment. The intent is to support the community and help collaborative innovation, along with meeting everyday needs of the community, residents, workers, employers, and researchers. Base Zoning and Modifications Requested: At the time of site plan, the project will need to meet all applicable site development standards and platting requirements of the Unified Development Ordinance for the following base zoning districts, except where meritorious modifications are granted with the PDD zoning. The applicant is requesting the following meritorious modifications: The base zoning district for Area 1 as shown on the Concept Plan shall be MF Multi - Family with the following modifications to the requirements: Section 12-7.3 Off -Street Parking Standards: • Parking in Area 1 will be determined for the entire area and individual lots or building plots do not have to meet parking requirements as long as the minimum parking requirements for the developed portion of Area 1 has been provided. • Parallel parking spaces shall be allowed along the public street and this parking shall count toward the overall Area 1 parking requirements. • Angled head in parking shall be allowed along Eubanks Lane and this parking shall count toward the overall Area 1 parking requirements. Section 12-5.2 Residential Dimensional Standards: • Reduction in the front setback from 15' to 10'. The base zoning district for Area 2 as shown on the Concept Plan shall be GC General Commercial with the following modifications to the requirements: Section 12-5.4 Non -Residential Dimensional Standards: • Reduction in the front setback from 25' to 15'. Section 12-7.3 Off -Street Parking Standards: • Parking in Area 2 will be determined for the entire area and individual lots or building plots do not have to meet parking requirements as long as the minimum parking requirements for the developed portion of Area 2 has been provided. Ordinance Form 08-27-19 Page 310 of 345 ORDINANCE NO. Page 7 of 8 • Parallel parking spaces shall be allowed along the public street and this parking shall count toward the overall Area 2 parking requirements. • Parking ratios and counts will be determined at Site Planning. Section 12-7.6 Landscaping and Tree Protection: The Landscaping shall be provided for the following purposes: • To make available a walkable environment for residents, customers, guests and other users; • To provide visual interest; • To obscure the view of parking, loading and service areas; • To provide protection from soil erosion; and • To remove, reduce or absorb the impact between one use and another. • The landscaping requirements for Area 2 shall be determined for the entire area and individual lots or building plots do not have to meet landscape requirements as long as the minimum landscape requirements for the developed portion of Area 2 has been provided. Ordinance Form 08-27-19 Page 311 of 345 ORDINANCE NO. Page 8 of 8 1.1461 49' 40'W - 287,00 Exhibit D fE 64718' gTE -118404' LEGEND 546" 4410'E - 295.74' „„. MINI I Y MAP CONCEPT PLAN ;)Nf,`'/`i'"--T,i, 20 a007 WACeIst iIX I JONES S TIM- V, eX-26 COIT,FC-FT, STATION. TX Ordinance Form 08-27-19 Page 312 of 345 • VICINITY MAP CAMWEST MASTER PLAN DEVELOPMENT REZ2021-000011 Legend City Limits • • • • — 1 5 mile Extra Territorial Jurisdiction 0 1.25 2.5 Miles I I � • ♦ • • . • 4 13 _ice Tilikahri vow lia- "'II No • • • 1 1 1 I 1 1 I I 1 1 1 !his product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground s „J ,rr,�.ent� only the approximate relative locatic� of property boundari�age 313 of 34! 'lo warranty is made by the City of College Station regarding specific accuracy or completeness. > 0 NORTH 425 850 Feet CAMWEST MASTER PLAN DEVELOPMENT TRADITIONS PH" '24 AND'25 Case: REZ2021-000011 REZONING (fr City of College Station ZONING DISTRICTS (In Grayscale) Residential MF R Rural MU WE Wellborn Estate MHP E Estate WRS Wellborn Restricted Suburban RS Restricted Suburban GS General Suburban D Duplex T Townhome 0 NORTH Multi -Family Mixed -Use Manufactured Home Pk. 425 HSC"pw Non -Residential NAP 0 SC WC GC CI BP BPI C—U 850 Feet Natural Area Protected Office Suburban Commercial Wellborn Commercial General Commercial Commercial Industrial Business Park Business Park Industrial College and University R Planned Districts P-MUD Planned Mixed -Use Dist. PDD Planned Develop. Dist. Desian WPC NG-1 NG-2 NG-3 Districts Wolf Pen Creek Dev. Cor. Core Northgate Transitional Northgate Residential Northgate CAMWEST MASTER PLAN DEVELOPMENT Overlay Districts OV Corridor Ovr. RDD KO NPO NCO HP 200FT Notification \ // Redevelopment District Krenek Tap Ovr. Nbrhd. Prevailing Ovr. Nbrhd. Conservation Ovr. Historic Preservation Ovr. Case: REZ2021-000011 Retired Districts R-1 B R-4 R-6 C-3 RD M-1 M-2 Single Family Residential M ulti-Family High Density Multi -Family Light Commercial Research and Dev. Light Industrial Heavy Industrial REZONING BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: December 16, 2021 Advertised Council Hearing Date: January 13, 2022 The following neighborhood organizations that are registered with the City of College Station's Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 8 Contacts in support: 1 Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Business Center PDD Planned Fujifilm Diosynth Development District Biotechnologies South n/a R Rural State Highway 47 East West PDD Planned Urban Residential Development District undeveloped and BP Business Park n/a (City of Bryan) undeveloped DEVELOPMENT HISTORY Annexation: 1995 Zoning: A-O Agricultural Open upon annexation 6.078 acres rezoned from R Rural to PDD Planned Development District (2016) Final Plat: Unplatted Site development: Undeveloped Page 316 of 345 60 30 0 SCALE IN FEET 60 N/F CAMWEST TRADITIONS LP 16.88 ACRE TRACT 14707/205 CITY OF BRYAN ZONED PD ■ 7 >- n7 m LL 0 >- 0 0) 00 0o W C) Z 7 0 LU 0 0 0 LL 0 i 0 N/F BRYAN TRADITIONS LP THE TRADITIONS SUBDIVISION PHASE 24 BLOCK 2, LOT 1R 16118/69 ZONED PD 6.078 ACES EX STI\G ZO\ \G PDD-PLAN\ED DEVELOPVV STD CT PROPOSED ZO\ \G PDD-PLAN\ED DEVELOP STD CT N46° 49' 40"W - 287 / E\T vE\T N/F BIOCORRIDOR PROPERTY OWNERS ASSOC INC Cip THE TRADITIONS PH 24, BLOCK 2, COMMON AREA 1R & PUBLIC WAY 16158/162 rZZ ZONED PD -347°18113"E 118LLO# / ZONING LINE / 50' WIDE ACCESS EASEMENT 244/357 P DEVELOP N/F FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS LLC THE TRADITIONS PH 25 BLOCK 1, LOT 3, 16158/184 ZONED PD 60' CITY OF BRYAN EASEMENT 208/475 14.459 ACES EX ST \G ZO\I\G PROPOSED ZO DD-PLA\\ v E\T 3 \G ED ST �ICT L_ I I N/F CITY OF BRYAN THE TRADITIONS PH 25 BLOCK 1, LOT 4 16118/069 ZONED PD d- 0) co 00 0 Lo co co VICINITY MAP N/F FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS LLC THE TRADITIONS PH 25 BLOCK 1, LOT 3, 16158/184 ZONED BP N/F MCDONALD ADRIAN G JR A002601, JOHN H JONES (ICL), TRACT 74-75-76, 5.591 ACRES 15588/098 ZONED PD S46° 44' 137'E - 295.74' PROJECT 444\ • LOCATION NOT TO SCALE 0 0 0 0 ON it, NOTES: 1. BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. 2. THIS TRACT DOES NOT LIE WITHIN A DESIGNATED 100 YEAR FLOODPLAIN ACCORDING TO THE F.I.R.M. MAPS, COMMUNITY PANEL NO. 48041 CO285E, EFFECTIVE DATE: MAY 16, 2012. 3. BLANKET EASEMENT TO CITY OF BRYAN, 98/601 DOES APPLY TO THIS TRACT 4. THE FUTURE LAND USE DESTINATION IS NEIGHBORHOOD CENTER. 5. THIS DOCUMENT WAS NOT PREPARED BY A PROFESSIONAL LAND SURVEYOR AND IS NOT TO BE USED AS PROFESSIONAL SURVEYING WORK. THIS DOCUMENT IS BASED ON AN ON THE GROUND SURVEY DOCUMENT PREPARED BY BRAD KERR RPLS NO. 4502 ZONING MAP CamWesT 20.537 ACRES J. H. JONES SURVEY, A-26 COLLEGE STATION, TX OWNER/DEVELOPER: CAMWEST TRADITIONS LP 351 ADRIATIC PKWY MCKINNEY, TX 75070-5540 SCALE: 1" = 40' NOVEMBER 2021 SURVEYOR: KERB SURVEYING Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 TBPELS FIRM # 10018500 SURVEYS @KERRSURV EYING.NET ENGINEER: Schultz Engineering, LLC TBPE NO. 12327 911 Southwest Parkway East College Station, Texas 77840 ... (979) 764-3900 Page 318 of 345 REZONING PDD APPLICATION SUPPORTING INFORMATION Name of Project: CAMWEST MASTER PLAN DEVELOPMENT Address: 8765 HSC PKWY Legal Description: A002601, JOHN H JONES (ICL), TRACT 77.2, 20.5424 ACRES Total Acreage: 20.537 Applicant: Weston Eubanks Property Owner: CAMWEST TRADITIONS LP List the changed or changing conditions in the area or in the City which make this zone change necessary. The subject tract anchors the BioCorridor with over 1,100 feet of frontage on HWY 47, direct access to the HSC Pkwy through Eubanks Lane, and is surrounded by developed and undeveloped tracts, all zoned PDD. As commercial development, single-family development, Texas A&M's RELLIS Campus, Texas A&M's Health Science Center and the BioCorridor continue to expand in the immediate area, so do traffic counts and improving real estate fundamentals that could perpetuate greater economic impact. A mixed -use master plan strategically located near HSC Pkwy and HWY 47 could help provide a critical mass of destination restaurant/retail, service restaurant retail, hospitality, and additional rooftops to help meet the morning, day and evening needs of residents, employees, employers, families, and the unemployed spouses that `work, live and play' adjacent and near to the proposed project. It is our belief that a sustainable and holistic mixed -use project would accelerate future development, encourage corporate relocations, and ultimately have an even greater economic impact beyond the project itself by meeting the everyday needs of the community and providing a sense of place, entertainment, and life through a strategic and sustainable mixing of uses. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. Yes, subject to the upcoming Comprehensive Plan Update. This zoning designation provides the flexibility to develop a mixed use -project that fits the nature of the Comprehensive Plan. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The proposed development is not suitable for a Rural zoning designation and proposes a higher and better use including commercial development and density. The tract is also surrounded by access and infrastructure making it more development ready. Page 1 of 4 Page 319 of 345 Explain the suitability of the property for uses permitted by the rezoning district requested. This zoning designation provides the flexibility to develop a mixed use -project that share common elements including sidewalks, a boardwalk, common area detention (a steady state retention pond). Explain the suitability of the property for uses permitted by the current zoning district. This zoning designation provides the flexibility to develop a mixed use -project that share common elements including sidewalks, a boardwalk, common area detention (a steady state retention pond). Explain the marketability of the property for uses permitted by the current zoning district. The proposed zoning designation will significantly increase the marketability of the property by providing a range of higher and better uses, more businesses, more accessibility, and ultimately more economic impact. List any other reasons to support this zone change. We acquired this tract in 2008 with a long-term vision to support the community and help catalyst innovation, collaboration, along with meeting the everyday needs and wants that maximize the human experience where the community of residents, its employers, and academia synergize to make a difference in the world. Maximum Building Height. One to four story building heights. Proposed Drainage. A single steady state retention pond of approximately 1.9 acres will serve as a common element detention pond for all the proposed uses in the master plan. It follows the City of College Station and TXDOT based on a Drainage Analysis completed by our Civil Engineer. Variations Sought. N/A Page 2 of 4 Page 320 of 345 Community Benefits. N/A Sustained Stability. The proposed master plan will provide a sustained stability by complimenting the objectives of the BioCorridor, improving the competitiveness of the BioCorridor to attract future companies, and associated capital investments and high paying jobs, and meeting the everyday needs of families and professionals that work or live in the surrounding community. The current and future employers in the BioCorridor will benefit from optionality of lunch, dinner and hospitality options that benefit the company and its clients. The multifamily will help activate the development and support the restaurant/retail. The walkability, service retail and optionality inherent to the proposed density and mixing of uses will provide a holistic lifestyle that will improve the inherent incentive package and competitive advantage of the Brazos Valley BioCorridor that often competes in an Economic Development landscape with States and Communities that have a concentration of mixed -use developments targeting the professional community, their spouses, clients and families; all contributing to holistic lifestyles that retain talented labor and often influence relocation decisions. Conformity. This plan is in conformity with a Neighborhood Center by delivering one to four story buildings ranging from retail that includes restaurants and hospitality and a higher density of residential through the four-story multifamily project that help support the mixing of uses, all with an emphasis of walkability and access, and common elements that promote connectivity. Compatibility with use. The plan will be adjacent to the BioCorridor office and Companies with employees that are currently underserved and will immediately benefit from the proposed amenities. The plan is also contiguous to vacant tract zoned PD with an Urban Center use and the nature of this plan will compliment this tract. Access to Streets. The proposed residential dwellings will utilize Eubanks Lane and the future streets within the development that will provide integrated buffers between the uses without compromising on safety, walkability, or accessibility between the uses. Public Improvements. The proposed development will provide green space accessible to the public, raised streets that provide safety and access between uses, sidewalks that connect uses, and streets that provide cross -access between tracts as well as immediate access to HSC Pkwy through Eubanks Land and Hwy 47. Page 3 of 4 Page 321 of 345 Public Health. The plan will not be detrimental to the public health, safety, or be injurious to the public because it has been designed to meet the needs of the public with thoughtful consideration to traffic patterns, parking, driveways, access points, connectivity, and funneling vehicular flow and parking towards the exterior of the tract. Safety. The plan will have three points of ingress/egress to HSC Pkwy - two directly and one by way of Eubanks Lane, two to three access points to HWY 47 that are in alignment with TxDOT requirements, and cross access between tracts to promote safety and access. The plan will increase walkability with a connected network of sidewalks on and off the street, and will benefit from a bus stop within walking distance to the site to promote alternative modes of transportation. Page 4 of 4 Page 322 of 345 4 60 30 0 SCALE IN FEET 60 • GQ N/F CAMWEST TRADITIONS LP 16.88 ACRE TRACT 14707/205 CITY OF BRYAN ZONED PD • 7 }- n7 m LL 0 >- 0 0) 00 0o W c) Z 3UILDING AREA BUILDING AREA PARKI\G AREA 3UILDING AREA N46° 49' 40"W - 287. N/F BRYAN TRADITIONS LP THE TRADITIONS SUBDIVISION PHASE 24 BLOCK 2, LOT 1R 16118/69 ZONED PD PARKING AREA BUILDING AREA BUILDING AREA PARKI\G AREA N/F BIOCORRIDOR PROPERTY OWNERS ASSOC INC THE TRADITIONS PH 24, BLOCK 2, COMMON AREA 1R & PUBLIC WAY 16158/162 ZONED PD S47° 18' 537'E - 1184.04' BUILDING AREA BUILDIN AREA PUBLIC WAY 3UILDING AEA STORM WATER DETE\TIO\ AREA LEGEND ZONING AREA 1 ZONING AREA 2 N/F FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS LLC THE TRADITIONS PH 25 BLOCK 1, LOT 3, 16158/184 ZONED PD 3UILDIN AEA BUILDING AREA PARKING AEA PARKING AREA N/F CITY OF BRYAN THE TRADITIONS PH 25 BLOCK 1, LOT 4 I 16118/069 ZONED PD VICINITY MAP N/F FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS LLC THE TRADITIONS PH 25 BLOCK 1, LOT 3, 16158/184 ZONED BP N/F MCDONALD ADRIAN G JR A002601, JOHN H JONES (ICL), TRACT 74-75-76, 5.591 ACRES 15588/098 ZONED PD S46° 44' 137'E - 295.74' PROJECT 444\ • LOCATION NOT TO SCALE PRIVATE CROSS ACCESS EASEMENT NOTES: 1. BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. 2. THIS TRACT DOES NOT LIE WITHIN A DESIGNATED 100 YEAR FLOODPLAIN ACCORDING TO THE F.I.R.M. MAPS, COMMUNITY PANEL NO. 48041CO285E, EFFECTIVE DATE: MAY 16, 2012. 3. LOCATIONS AND SIZES OF BUILDINGS, ROADWAYS, PARKING AND STORM WATER DETENTION AREAS ARE APPROXIMATE. 4. THE FUTURE LAND USE DESIGNATION IS NEIGHBORHOOD CENTER. 5. THIS DOCUMENT WAS NOT PREPARED BY A PROFESSIONAL LAND SURVEYOR AND IS NOT TO BE USED AS PROFESSIONAL SURVEYING WORK. THIS DOCUMENT IS BASED ON AN ON THE GROUND SURVEY DOCUMENT PREPARED BY BRAD KERR RPLS NO. 4502 CONCEPT PLAN CamWesT 20.537 ACRES J.H. JONES SURVEY, A-26 COLLEGE STATION, TX OWNER/DEVELOPER: CAMWEST TRADITIONS LP 351 ADRIATIC PKWY MCKINNEY, TX 75070-5540 SCALE: 1" = 40' NOVEMBER 2021 SURVEYOR: KERB SURVEYING Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 TBPELS FIRM # 10018500 SURVEYS @KERRSURV EYING.NET ENGINEER: LtzEngineering, LLC TBPE NO. 12327 911 Southwest Parkway East College Station, Texas 77840 ... (979) 764-3900 Page 323 of 345 January 13, 2022 Item No. 8.3. Council -Appointed Board and Commission Representatives Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding the appointment of Councilmembers to boards and commissions. Relationship to Strategic Goals: • Good Governance Recommendation(s): None Summary: This is an opportunity for Councilmembers to consider whether they wish to continue serving on a particular board or volunteer for another. The list of Council Appointed Representatives that could possibly be retiring are indicated with a yellow highlight, which was provided separately. Budget & Financial Summary: None Attachments: 1. 2022-2023 Council Appointed Reps v2 Page 324 of 345 ‘ff CITY OF COT.T.FGE STATION Home of Texas A&M University® 2022-2023 Council Appointed Representatives The following individuals are appointed by the City Council to represent the City of College Station on joint committees with other governmental agencies and community groups. Appieland Humane Society Peggy Sherman Appointed 8/20 Chris Perkins, Assistant Police Chief Appointed 3/21 Arts Council of the Brazos Valley (College Station Representatives) Bob Brick Patricia Burchfield Coleen Bradfield Appointed 01/21 Appointed 01/21 — 3-year terms (2024) Appointed 01/21 — 3-year terms (2024) Blinn College Brazos County Advisory Committee Karl Mooney Appointed 1/21 Bob Brick (Alternate) Appointed 1/21 Brazos Appraisal District Ronald Kaiser Appointed 11/17; 10/11; 9/13; 9/15; 11/17; 1/20; 1/22 Brazos County Health Department John Nichols Appointed 1/21 Linda Harvell Appointed 1/21 Brazos Valley Community Emergency Operations Center Policy Advisory Board Karl Mooney Appointed 1/21 Linda Harvell (Alternate) Appointed 1/21 Brazos Valley Council of Governments Board of Directors Karl Mooney Appointed 1/21 Brazos Valley Council of Governments Intergovernmental Committee Karl Mooney (Chair) Appointed 1/15; 11/16; 1/21 Bob Brick Appointed 1/21 Brazos Valley Economic Development Corporation Karl Mooney Dennis Maloney Caleb Holt Appointed 1/21 Appointed 1/21 Appointed 05/21 (3-yr term) Page 325 of 345 Brazos Valley Solid Waste Management Agency Board of Directors Karl Mooney (Chair) Appointed 10/11; 8/14 (1-yr term); 9/15; 9/18; 9/21 (3-yr term) John Nichols Appointed 10/16; 10/19 (3-yr term) Bill Lartigue Appointed 9/20 (3-yr term) Brazos Valley Wide Area Communications System Linda Harvell Appointed 12/19; 1/21 Bryan/College Station Metropolitan Planning Organization Karl Mooney Appointed 1/21 John Nichols Appointed 1/21 Keep Brazos Beautiful Caroline Ask Appointed 3/21 Regional Transportation Committee for Council of Governments Bob Brick Appointed 1/21 RELLIS External Advisory Council Bob Brick Appointed 1/21 Sisters Cities John Nichols Appointed 1/19 Spring Creek Local Government Corporation Services Karl Mooney Appointed 1 /21-1 /23 Linda Harvell Appointed 2/20-2/22 (Appointment in Jan. 13th but effective in Feb.) John Nichols Appointed 12/19-12/21 Appointment in Janua 13th) Thomas Jackson (Citizen) Appointed 01/20-1/22 ( anua ittee Appts) Jane Kee ;Citizen Member) Appointed 2/17; 01/20-1/22 (Appt in January 27th w/ Committee Appts) Page 326 of 345 INTERNAL COMMITTEES Architectural Advisory Committee Bob Brick Karl Mooney Linda Harvell Ray Holliday (Citizen) Joe Fix (Citizen) Audit Committee Karl Mooney (Chair) Linda Harvell Elizabeth Cunha Mike Ashfield Lisa McMillin Budget and Finance Karl Mooney John Nichols Dennis Maloney Compensation and Benefits Elizabeth Cunha Bob Brick Karl Mooney Economic Development Karl Mooney John Crompton John Nichols Transportation and Mobility Elizabeth Cunha (BPG Chair) Appointed 01/21 Appointed 02/20 Appointed 01/21 Appointed 01/20 Appointed 01/21 Appointed 11/11 Appointed 12/19 Appointed 01/21 Appointed 01/20 (Appointment w/ Committee Appointments) Appointed 01/21 Appointed 1/21 Appointed 1/21 Appointed 1/21 Appointed 1/21 Appointed 1/21 Appointed 1/21 Appointed 1/21 Appointed 1/21 Appointed 1/21 Appointed 1/21 Bob Brick Appointed 1/21 Linda Harvell (Chair) Appointed 1/21 (BPG Chair was designated to Cunha by Harvell) Page 327 of 345 January 13, 2022 Item No. 8.4. Joint Relief Funding Review Committee Appointment Sponsor: Tanya Smith, City Secretary Reviewed By CBC: N/A Agenda Caption:Presentation, discussion, and possible action regarding appointments to the Joint Relief Funding Review Committee. Relationship to Strategic Goals: • Good Governance Recommendation(s): N/A Summary: This item is for one (1) appointment to the Join Relief Funding Review Committee (JRFRC). This appointment is a vacancy created by the resignation of Melissa Cunningham who was appointed in December of 2021. Due to a scheduling conflict that arose after her appointment. The appointee to this term will serve until January of 2024. Each appointee may serve no more than two consecutive terms. The JRFRC consists of three (3) representatives from Bryan and (3) representatives from College Station. The applications before the Council were collected as part of the annual 2022 citizen appointments to Committees, Boards, and Commissions process. This was presented at the December 9th meeting but due to scheduling conflict, we are bringing this item back to appoint another member. This vacancy was reopened but no other applications were recieved. As of the publication of this agenda, there are two (2) applicants: Milly Georgiades, and Tiona Broussard. The applications will be distributed in a direct email to the Council. Budget & Financial Summary: None Attachments: None Page 328 of 345 January 13, 2022 Item No. 8.6. Ordinance Extending Mayoral Renewal of Disaster Declaration Sponsor: Bryan Woods, City Manager Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance consenting to and extending the Mayor's renewal of a disaster declaration due to a public health emergency. Relationship to Strategic Goals: Good governance Recommendation(s): Staff recommends that Council adopt the ordinance. Summary: On March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV-2 (COVID-19). On March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive -through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19. On March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor's Order of March 18, 2020. On March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020. On March 30, 2020, the College Station City Council adopted an ordinance consenting and approving the Second Mayoral Order. On April 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On April 23, 2020, the College Station City Council consented with Ordinance 2020-4169 to the Mayor's April 21, 2020, Disaster Declaration Renewal. On May 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On May 28, 2020, the College Station City Council consented with Ordinance 2020-4181 to the Mayor's May 22, 2020, Disaster Declaration Renewal. On June 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On June 25, 2020, the College Station City Council consented with Ordinance 2020-4195 to the Mayor's June 22, 2020, Disaster Declaration Renewal. On June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating face coverings for commercial entities until Friday, July 10, 2020. On July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings. Page 329 of 345 On July 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On July 23, 2020, the College Station City Council consented with Ordinance 2020-4203 to the Mayor's July 22, 2020, Disaster Declaration Renewal. On August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls. On August 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the Mayor's August 21, 2020, Disaster Declaration Renewal. On September 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the Mayor's September 21, 2020, Disaster Declaration Renewal. On October 20, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On October 22, 2020, the College Station City Council consented with Ordinance 2020-4220 to the Mayor's October 20, 2020, Disaster Declaration Renewal. On November 20, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On November 23, 2020, the College Station City Council consented with Ordinance 2020-4226 to the Mayor's November 20, 2020, Disaster Declaration Renewal. On December 7, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On December 10, 2020, the College Station City Council consented with Ordinance 2020-4231 to the Mayor's December 7, 2020, Disaster Declaration Renewal. On January 8, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On January 14, 2021, the College Station City Council consented with Ordinance 2021-4239 to the Mayor's January 8, 2021, Disaster Declaration Renewal. On February 8, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On February 11, 2021, the College Station City Council consented with Ordinance 2021-4240 to the Mayor's February 8, 2021, Disaster Declaration Renewal. On March 8, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On March 11, 2021, the College Station City Council consented with Ordinance 2021-4246 to the Mayor's March 8, 2021, Disaster Declaration Renewal. On April 6, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On April 8, 2021, the College Station City Council consented with Ordinance 2021-4258 to the Mayor's April 6, 2021, Disaster Declaration Renewal. On May 7, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On May 13, 2021, the College Station City Council consented with Ordinance 2021-4263 to the Mayor's May 7, 2021, Disaster Declaration Renewal. Page 330 of 345 On June 7, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On June 10, 2021, the College Station City Council consented with Ordinance 2021-4271 to the Mayor's June 7, 2021, Disaster Declaration Renewal. On July 2, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On July 8, 2021, the College Station City Council consented with Ordinance 2021-4275 to the Mayor's July 2, 2021, Disaster Declaration Renewal. On August 6, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On August 12, 2021, the College Station City Council consented with Ordinance 2021-4288 to the Mayor's August 6, 2021, Disaster Declaration Renewal. On September 6, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On September 9, 2021, the College Station City Council consented with Ordinance 2021-4299 to the Mayor's September 6, 2021, Disaster Declaration Renewal. On October 7, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On October 14, 2021, the College Station City Council consented with Ordinance 2021-4301 to the Mayor's October 7, 2021, Disaster Declaration Renewal. On November 8, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On November 11, 2021, the College Station City Council consented with Ordinance 2021-4313 to the Mayor's November 8, 2021, Disaster Declaration Renewal. On December 6, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On December 9, 2021, the College Station City Council consented with Ordinance 2021-4318 to the Mayor's December 6, 2021, Disaster Declaration Renewal. On January 7, 2022, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021 and December 6, 2021. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. Budget & Financial Summary: N/A Attachments: 1. January 13 Disaster Declaration Renewal Ordinance Page 331 of 345 ORDINANCE NO. DISASTER DECLARATION RENEWAL AND EXTENSION ORDINANCE WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive -through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS, on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor's Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS, on March 30, 2020, the College Station City Council consented with Ordinance No. 2020-4166 to the Second Mayoral Order of March 23, 2020, mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS, on April 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, the order and amended disaster declaration proclaimed by the Mayor on March 18, 2020, both consented to and extended by the City Council on March 23' 2020, in Ordinance No. 2020-4164; and WHEREAS, on April 23, 2020, the College Station City Council consented with Ordinance 2020- 4169 to the Mayor's April 21, 2020, Disaster Declaration Renewal; and WHEREAS, on May 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, and April 21, 2020; and WHEREAS, on May 28, 2020, the College Station City Council consented with Ordinance 2020- 4181 to the Mayor's May 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020; and Page 332 of 345 Ordinance No. Page 2 of 7 WHEREAS, on June 25, 2020, the College Station City Council consented with Ordinance 2020- 4195 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating commercial entities to require face coverings from: 6:00 A.M., Monday, June 29, 2020, and ending at 11:59 P.M., Friday, July 10, 2020; and WHEREAS, on July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings; and WHEREAS, on July 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, and June 22, 2020; and WHEREAS, on July 23, 2020, the College Station City Council consented with Ordinance 2020- 4203 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls; and WHEREAS, on August 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, and July 22, 2020; and WHEREAS, on August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on September 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020 and August 21, 2020; and WHEREAS, on September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the September 21, 2020, Disaster Declaration Renewal; and WHEREAS, on October 20, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020; and September 21, 2020, and WHEREAS, on October 22, 2020, the College Station City Council consented with Ordinance 2020-4220 to the October 20, 2020, Disaster Declaration Renewal; and Page 333 of 345 Ordinance No. Page 3 of 7 WHEREAS, on November 20, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020, and WHEREAS, on November 23, 2020, the College Station City Council consented with Ordinance 2020-4226 to the November 20, 2020, Disaster Declaration Renewal; and WHEREAS, on December 7, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, and November 20, 2020, and WHEREAS, on December 10, 2020, the College Station City Council consented with Ordinance 2020-4231 to the November 20, 2020, Disaster Declaration Renewal; and WHEREAS, on January 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020 and December 7, 2020, and WHEREAS, on January 14, 2021, the College Station City Council consented with Ordinance 2021-4239 to the January 8, 2021, Disaster Declaration Renewal; and WHEREAS, on February 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, and January 8, 2021, and WHEREAS, on February 11, 2021, the College Station City Council consented with Ordinance 2021-4240 to the February 8, 2021, Disaster Declaration Renewal; and WHEREAS, on March 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, and February 8, 2021, and WHEREAS, on March 11, 2021, the College Station City Council consented with Ordinance 2021-4246 to the March 8, 2021, Disaster Declaration Renewal; and WHEREAS, on April 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, Page 334 of 345 Ordinance No. Page 4 of 7 September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, and March 8, 2021, and WHEREAS, on April 8, 2021, the College Station City Council consented with Ordinance 2021- 4258 to the April 6, 2021, Disaster Declaration Renewal; and WHEREAS, on May 7, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, and April 6, 2021; and WHEREAS, on May 13, 2021, the College Station City Council consented with Ordinance 2021- 4263 to the May 7, 2021, Disaster Declaration Renewal; and WHEREAS, on June 7, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 202 and May 7, 2021; and WHEREAS, on June 10, 2021, the College Station City Council consented with Ordinance 2021- 4271 to the June 7, 2021, Disaster Declaration Renewal; and WHEREAS, on July 2, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021; and WHEREAS, on July 8, 2021, the College Station City Council consented with Ordinance 2021- 4275 to the June 7, 2021, Disaster Declaration Renewal; and WHEREAS, on August 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, and July 2, 2021; and WHEREAS, on August 12, 2021, the College Station City Council consented with Ordinance 2021-4288 to the August 6, 2021, Disaster Declaration Renewal; and WHEREAS, on September 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, Page 335 of 345 Ordinance No. Page 5 of 7 February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, and August 6, 2021; and WHEREAS, on September 9, 2021, the College Station City Council consented with Ordinance 2021-4299 to the September 6, 2021, Disaster Declaration Renewal; and WHEREAS, on October 7, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, and September 6, 2021; and WHEREAS, on October 14, 2021, the College Station City Council consented with Ordinance 2021-4304 to the October 7, 2021, Disaster Declaration Renewal; and WHEREAS, on November 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, and October 7, 2021; and WHEREAS, on November 11, 2021, the College Station City Council consented with Ordinance 2021-4313 to the November 8, 2021, Disaster Declaration Renewal; and WHEREAS, on December 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, and November 8, 2021; and WHEREAS, on December 9, 2021, the College Station City Council consented with Ordinance 2021-4318 to the December 6, 2021, Disaster Declaration Renewal; and WHEREAS, on January 7, 2022, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, and December 6, 2021; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect Page 336 of 345 Ordinance No. Page 6 of 7 immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and WHEREAS, the conditions necessitating declaration of a state of disaster and mayoral orders continue to exist; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF COLLEGE STATION: 1. That the state of disaster renewal proclaimed by the Mayor on January 7, 2022, as set out in Exhibit A is consented to and extended by the College Station City Council and shall continue until terminated by the College Station City Council. 2. This Ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective on the 13th day of January, 2022. PASSED AND ADOPTED, this 13th day of January, 2022. APPROVED: ATTEST: Mayor City Secretary APPROVED: City Attorney Page 337 of 345 Ordinance No. Page 7 of 7 EXHIBIT A DISASTER RENEWAL PROCLAIMED BY THE MAYOR ON JANUARY 7, 2022 Page 338 of 345 Orff CITY OF COT T.FGE STATION Home of Texas Ae;rM University' DECLARATION OF DISASTER RENEWAL WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive -through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS, on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor's Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS, on March 30, 2020, the College Station City Council consented with Ordinance No. 2020-4166 to the Second Mayoral Order of March 23, 2020, mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS, on April 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, the order and amended disaster declaration proclaimed by the Mayor on March 18, 2020, both consented to and extended by the City Council on March 23' 2020, in Ordinance No. 2020-4164; and WHEREAS, on April 23, 2020, the College Station City Council consented with Ordinance 2020- 4169 to the Mayor's April 21, 2020, Disaster Declaration Renewal; and WHEREAS, on May 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, and April 21, 2020; and WHEREAS, on May 28, 2020, the College Station City Council consented with Ordinance 2020- 4181 to the Mayor's May 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020; and P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 TEL. 979.764.3500 • FAX. 979.764.6377 cstx.gev Page 339 of 345 Disaster Declaration Renewal Page 2 of 6 COVID-19 WHEREAS, on June 25, 2020, the College Station City Council consented with Ordinance 2020- 4195 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating commercial entities to require face coverings from: 6:00 A.M., Monday, June 29, 2020, and ending at 11:59 P.M., Friday, July 10, 2020; and WHEREAS, on July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings; and WHEREAS, on July 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, and June 22, 2020; and WHEREAS, on July 23, 2020, the College Station City Council consented with Ordinance 2020- 4203 to the July 22, 2020, Disaster Declaration Renewal; and WHEREAS, on August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls; and WHEREAS, on August 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020; and July 22, 2020, and WHEREAS, on August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the August 21, 2020, Disaster Declaration Renewal; and WHEREAS, on September 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020; July 22, 2020, and August 21, 2020, and WHEREAS, on September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the September 21, 2020, Disaster Declaration Renewal; and WHEREAS, on October 20, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, and September 21, 2020, and WHEREAS, on October 22, 2020, the College Station City Council consented with Ordinance 2020-4220 to the October 20, 2020, Disaster Declaration Renewal; and Page 340 of 345 Disaster Declaration Renewal Page 3 of 6 COVID-19 WHEREAS, on November 20, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020, and WHEREAS, on November 23, 2020, the College Station City Council consented with Ordinance 2020-4226 to the November 20, 2020, Disaster Declaration Renewal; and WHEREAS, on December 7, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020; July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020, and November 20, 2020, and WHEREAS, on December 10, 2020, the College Station City Council consented with Ordinance 2020-4231 to the December 7, 2020, Disaster Declaration Renewal; and WHEREAS, on January 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020, November 20, 2020, and December 7, 2020, and WHEREAS, on January 14, 2021, the College Station City Council consented with Ordinance 2021-4239 to the January 8, 2021, Disaster Declaration Renewal; and WHEREAS, on February 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020, November 20, 2020, December 7, 2020, and January 8, 2021, and WHEREAS, on February 11, 2021, the College Station City Council consented with Ordinance 2021-4240 to the February 8, 2021, Disaster Declaration Renewal; and WHEREAS, on March 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, and February 8, 2021, and WHEREAS, on March 11, 2021, the College Station City Council consented with Ordinance 2021-4246 to the March 8, 2021, Disaster Declaration Renewal; and WHEREAS, on April 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, Page 341 of 345 Disaster Declaration Renewal Page 4 of 6 COVID-19 September 21, 2020, and October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, and March 8, 2021; and WHEREAS, on April 8, 2021, the College Station City Council consented with Ordinance 2021- 4258 to the April 6, 2021, Disaster Declaration Renewal; and WHEREAS, on May 7, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, and March 8, 2021, April 6, 2021; and WHEREAS, on May 13, 2021, the College Station City Council consented with Ordinance 2021- 4263 to the April 6, 2021, Disaster Declaration Renewal; and WHEREAS, on June 7, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, and May 7, 2021; and WHEREAS, on June 10, 2021, the College Station City Council consented with Ordinance 2021- 4271 to the April 6, 2021, Disaster Declaration Renewal; and WHEREAS, on July 2, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, and June 7, 2021; and WHEREAS, on July 8, 2021, the College Station City Council consented with Ordinance 2021- 4275 to the June 7, 2021, Disaster Declaration Renewal; and WHEREAS, on August 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021, and July 2, 2021; and WHEREAS, on August 12, 2021, the College Station City Council consented with Ordinance 2021-4288 to the August 6, 2021, Disaster Declaration Renewal; and WHEREAS, on September 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, Page 342 of 345 Disaster Declaration Renewal Page 5 of 6 COVID-19 February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, And August 6, 2021; and WHEREAS, on September 9, 2021, the College Station City Council consented with Ordinance 2021-4299 to the September 6, 2021, Disaster Declaration Renewal; and WHEREAS, on October 7, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, and September 6, 2021; and WHEREAS, on October 14, 2021, the College Station City Council consented with Ordinance 2021-4304 to the October 7, 2021, Disaster Declaration Renewal; and WHEREAS, on November 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, and October 7, 2021; and WHEREAS, on November 11, 2021, the College Station City Council consented with Ordinance 2021-4313 to the November 8, 2021, Disaster Declaration Renewal; and WHEREAS, on December 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, and November 8, 2021; and WHEREAS, on December 9, 2021, the College Station City Council consented with Ordinance 2021-4318 to the December 6, 2021, Disaster Declaration Renewal; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and WHEREAS, the conditions necessitating declaration of a state of disaster and mayoral orders continue to exist; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect Page 343 of 345 Disaster Declaration Renewal Page 6 of 6 COVID-19 immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF COLLEGE STATION: 1. Pursuant to §418.014 of the Texas Government Code the state of disaster is hereby renewed as proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020 December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021,November 8, 2021, and December 6, 2021 are renewed, until terminated by the College Station City Council. 2. Pursuant to §418.108(b) of the Texas Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration, unless continued or renewed by the City Council of College Station. 3. Pursuant to §418.108(c) of the Texas Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. That this proclamation shall take effect on January 7, 2022. DECLARED this 7th day of January, 2021. APPROVED: irag Mayor City Secretary APPROVED: ATTEST: /14ne City Attorney Page 344 of 345 January 13, 2022 Item No. 11.1. Council Reports on Committees, Boards, and Commissions Sponsor: City Council Reviewed By CBC: City Council Agenda Caption:A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Relationship to Strategic Goals: Good Governance Recommendation(s): Review meetings attended. Summary: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Experience Bryan -College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 345 of 345