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HomeMy WebLinkAbout08/24/2023 - Regular Agenda Packet - City Council College Station, TX Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: www.microsoft.com/microsoft-teams/join-a-meeting Meeting ID: 223 427 023 174 | Passcode: MvPmTr Phone: 469-480-7460 | Phone Conference: 952 310 468# August 24, 2023 4:00 PM City Hall Council Chambers College Station, TX Page 1 Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third- party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in-person only. 1. Call to Order. 2. Executive Session Agenda. Executive Session is closed to the public and will be held in the 1938 Executive Conference Room. The City Council may according to the Texas Open Meetings Act adjourn the Open Meeting during the Consent, Workshop or Regular Agendas and return into Executive Session to seek legal advice from the City Attorney regarding any item on the Workshop, Consent or Regular Agendas under Chapter 551, Texas Government Code. 2.1. Consultation with Attorney {Gov’t Code Section 551.071}; 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: 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. Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas. d. City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas. e. SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of College Station to Change Rates for Wholesale Transmission Services. f. Legal advice regarding Texas Independence Ball Park. 2.2. Real Estate {Gov't Code Section 551.072}; Possible action. The City Council may deliberate the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. After executive session discussion, any final action or vote Page 1 of 506 City Council Page 2 August 24, 2023 taken will be in public. The following subject(s) may be discussed: a. Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. 2.3. Personnel {Gov’t Code Section 551.074}; 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. City Manager b. Council Self Evaluation 3. The Open Meeting will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. 4. Pledge of Allegiance, Invocation, and Consider Absence Request. Speaker Protocol An individual who desires to address the City Council regarding any agenda item other than those items posted for Executive Session must register with the City Secretary two (2) hours before the meeting being called to order. Individuals shall 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. Please do not carry purses, briefcases, backpacks, liquids, foods or any other object other than papers or personal electronic communication devices to the lectern, nor advance past the lectern unless you are invited to do so. Each speaker’s remarks are limited to three (3) minutes. Any speaker addressing the Council using a translator may speak for six (6) minutes. The speaker’s microphone will mute when the allotted time expires and the speaker must leave the podium. 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. Consent Agenda. 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. 6.1. Presentation, discussion, and possible action of minutes for: • August 10, 2023 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM081023 DRAFT Minutes 6.2. Presentation, discussion, and possible action regarding a general services contract with Buyers Barricades Houston, LLC in a not to exceed amount of $122,535 for the 2023 TAMU Football Post Game Day Traffic Control. Sponsors: Emily Fisher Page 2 of 506 City Council Page 3 August 24, 2023 Attachments: 1. Contract 23300675 6.3. Presentation, discussion, and possible action on a contract with Binkley & Barfield | DCCM, Inc. in the amount of $1,404,740.50 for professional services for the Rock Prairie East Widening Project (Town Lake Dr. to William D. Fitch Pkwy) as part of the 2022 Bond Program. Sponsors: Jennifer Cain Attachments: 1. Rock Prairie East 2022 Bond Project Location Map 2. Rock Prairie East 2022 Bond Vendor Signed Contract 6.4. Presentation, discussion, and possible action on a construction contract with Brazos Paving, Inc. in the amount of $7,840,856.15 for construction services for the Rock Prairie East Widening Project (Hwy. 6 to Town Lake Dr.), plus the City’s contingency in the amount of $392,000 for a total appropriation of $8,232,856.15. Approval of this item grants authority for the City Manager to authorize expenditures up to the City's contingency amount. Sponsors: Jennifer Cain Attachments: 1. Rock Prairie East Project Location Map 2. Rock Prairie East Construction Vendor Signed Contract 6.5. Presentation, discussion, and possible action on the Atmos Mid-Tex 2023 Rate Review Mechanism (RRM) Ordinance. Sponsors: Ross Brady Attachments: 1. Atmos Mid-Tex 2023 RRM Ordinance wAttachments 6.6. Presentation, discussion and possible action to authorize expenditure of funds for Fiscal Year 2024 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. Sponsors: Mary Ellen Leonard Attachments: 1. 2024 Exemptions List Over $100K 6.7. Presentation, discussion, and possible action on the fourth renewal of an annual contract for Professional Auditing Services with FORVIS, LLP (formerly BKD, LLP) for an amount not to exceed $150,000. Sponsors: Mary Ellen Leonard Attachments: 1. 18300669 Prof Audit Svcs Ren5 Amd2 6.8. Presentation, discussion, and possible action on an Interlocal Agreement between the City of College Station and Brazos County Emergency Service District 4 for the transfer of a surplus vehicle. Sponsors: Emily Fisher Attachments: 1. ILA - Chevy Tahoe Transfer - Brazos Co. ESD 4_v8-9-2023 6.9. Presentation, discussion, and possible action regarding an amendment to the Funding Agreement for Payment and Use of Hotel Tax with the Arts Council of the Brazos Valley for FY23. Sponsors: Mary Ellen Leonard Attachments: 1. 23300016 Arts Council FY23 Funding Agreement - HOT Fund 2. First Amendment to the Funding Agreement CoCS Arts Council 08-18- 2023 6.10. Presentation, discussion, and possible action regarding a resolution directing the Brazos County Tax Office to calculate the FY25 voter-approved rate in the manner provided for a special taxing Page 3 of 506 City Council Page 4 August 24, 2023 unit affected by a disaster declaration. The Proposed FY25 Budget will not be prepared and presented to the City Council until July 2024. Sponsors: Mary Ellen Leonard Attachments: 1. Wildfire Resolution Disaster 2023 6.11. Presentation, discussion, and possible action on a contract with Elliott Construction, LLC, not to exceed $116,900 for the repair of an existing 8-inch wastewater line at Montclair Avenue and Park Place, plus $35,000 in contingencies for a total appropriation of $151,900. Approval of this item grants authority for the City Manager to authorize expenditures up to the City’s contingency amount. Sponsors: Gary Mechler Attachments: 1. Location Map 2. Constrution Contract (Available in City Secretary's Office) 7. Workshop Agenda. 7.1. Presentation, discussion, and possible action regarding the Texas Independence Ballpark Project. Sponsors: Jennifer Cain Attachments: None 8. Regular Agenda. 8.1. Public Hearing, presentation, discussion, and possible action on the City of College Station 2024 advertised ad valorem tax rate of $0.513086 per $100 valuation, resulting in an increase in tax revenues. Sponsors: Mary Ellen Leonard Attachments: None 8.2. Presentation, discussion, and possible action on an ordinance adopting the City of College Station 2023-2024 Budget; and presentation, discussion, and possible action ratifying the property tax revenue increase reflected in the budget. Sponsors: Mary Ellen Leonard Attachments: 1. Budget Ordinance FY23-24 8.3. Presentation, discussion, and possible action on an ordinance adopting the City of College Station 2023-2024 ad valorem tax rate of $0.513086 per $100 assessed valuation, the debt service portion being $0.211442 per $100 assessed valuation and the operations and maintenance portion being $0.301644 per $100 assessed valuation. Sponsors: Mary Ellen Leonard Attachments: 1. Ad Valorem Tax Ord FY 23-24 8.4. Presentation, discussion, and possible action on a resolution adopting fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance”, Division 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas. Sponsors: Mary Ellen Leonard Attachments: 1. FY 23-24 Fee Resolution - Final 8-24-23 8.5. 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 amending the Page 4 of 506 City Council Page 5 August 24, 2023 concept plan on approximately 33 acres PDD Planned Development District located at 5900 Rock Prairie Road.” Sponsors: Jesse Dimeolo Attachments: 1. Ordinance 2. Vicinity, Aerial, and Small Area Maps 3. Proposed Concept Plan 4. Original Concept Plan 5. Background Information 6. Applicant's Supporting Information 8.6. 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 GC General Commercial to GS General Suburban for approximately 0.356 acres, being a portion of Lot 1R-2 Holleman Place Subdivision, generally located at 217 Richards Street. Sponsors: Jesse Dimeolo Attachments: 1. Ordinance 2. Vicinity, Aerial, and Small Area Maps 3. Rezoning Exhibit 4. Background Information 5. Applicants Supporting Information 6. Rezoning Map 7. Existing Future Land Use Map 8.7. 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 GC General Commercial to WPC Wolf Pen Creek for approximately 0.092 Acres at 213 Holleman Drive East, generally located at the intersection of Holleman Drive East and George Bush Drive East. Sponsors: Gabriel Schrum Attachments: 1. Ordinance 2. Vicinity, Aerial, and Small Area Map 3. Background Information 4. Applicant's Supporting Information 5. Rezoning Exhibit 6. Rezoning Map 7. Existing Future Land Use Map 8.8. Public Hearing, presentation, discussion, and possible action to consider a Conditional Use Permit for ground floor multifamily in the WPC Wolf Pen Creek zoning district on approximately 1.02 acres located at 213-219 Holleman Drive East, generally located at the intersection of George Bush Drive East and Holleman Drive East. Sponsors: Gabriel Schrum Attachments: 1. Ordinance 2. Vicinity, Aerial, and Small Area Map 3. Background Information 4. Applicant's Supporting Information 5. Site Plan Page 5 of 506 City Council Page 6 August 24, 2023 6.Landscape Plan 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 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 August 18, 2023 at 5:00 p.m. This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 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. City Secretary Page 6 of 506 City Council Page 7 August 24, 2023 Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 7 of 506 August 24, 2023 Item No. 6.1. Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • August 10, 2023 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM081023 DRAFT Minutes Page 8 of 506 CCM 081023 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION AUGUST 10, 2023 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith William Wright Linda Harvell Elizabeth Cunha Bob Yancy Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Deputy City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Nichols via In-Person and Teleconference at 4:00 p.m. on August 10, 2023, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:00 p.m. on August 10, 2023, to continue discussing matters pertaining to: 2.1. 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 •Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas; and Page 9 of 506 CCM 081023 Minutes Page 2 •City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas; and •SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of College Station to Change Rates for Wholesale Transmission Services; and •Legal advice related to Local Government Code Chapter 145 Financial Statements. 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: •Approximately 4 acres of land generally located in the 15000 block of FM 2154 in College Station. •Approximately 4 acres of land south of Greens Prairie Road generally located between Arrington Road and Woodlake Drive in College Station. 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: •City Manager •Council Self-Evaluation 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. Executive Session recessed at 6:10 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation proclaiming Allison Dohrman Day. Mayor Nichols presented a proclaiming honoring Allison Dohrman and the Road Rascals, who won two medals, a silver, and a bronze, at the Special Olympics World Games in Berlin, Germany. 5.2. Presentation proclaiming the period of Spring, March 1st through June 15th and Fall, August 1st through November 30th as Lights Out Nights. Mayor Nichols presented a proclamation to Texas A&M Biodiversity Research and Teaching Collections, Rio Brazos Audubon, Post Oak Chapter of the Native Plant Society of Texas, Brazos Valley Chapter of the Texas Master Naturalists, Texas A&M Student Chapter: Society of American Foresters, Texas A&M Forest Service, the Southside Historic Neighborhood and the City of College Station Water Service and Parks and Recreation Departments recognizing the period of Spring, March 1st through June 15th and Fall, August 1st through November 30th as Lights Out Nights. 5.3. Presentation proclaiming the week of August 6th through 12th, 2023 as National Health Center Week. Mayor Nichols presented a proclamation to Hannah League, Marketing and Advocacy Specialist, HealthPoint and Nancy Dee Paschal, Marketing and Communications Manager, HealthPoint recognizing the week of August 6th through 12th, 2023 as National Health Center Week. 5.4. Presentation of a proclamation celebrating the 60th Anniversary of Twin City Mission. Page 10 of 506 CCM 081023 Minutes Page 3 Mayor Nichols presented a proclamation to Dorothy Nevill, CEO, Frances Johnson, Board President, Ron Crozier, Lindsey Smart, and Joe Nance recognizing the 60th Anniversary of Twin City Mission. 6. Hear Visitors Comments. Sherry Frisk, College Station, came Council to invite them and all citizens to commemorate the 75th Anniversary of the College Station Cemetery with the dedication of a state historical marker. Katherine Edwards, College Station, came before Council to discuss the concerns regarding over occupancy and her concerns around occupancy enforcement being pushed back another year because students have already signed lease agreements and needed to be educated. She stated that the homeowners know, the leasing agencies know, the landlords know, and so over occupancy needs to be enforced to be truly effective. Tre Watson, College Station, came before Council to ask about when the rental registration is coming back and looking into the Lincoln Center mural being more neighborhood themed and not a city-wide. Mary Linne, Bryan, came before Council to discuss her comparisons between Rosemary and Chimney Hill routes for sewer. •$728,208 difference Rosemary costs more than Chimney Hill even with Lift Station •Rosemary is only 20ft wide while Chimney Hill / Autumn are at least 40ft and Tarrow is 40ft. •Chimney Hill has at least 40ft to accommodate a 15ft open cut trench with equipment while allowing neighborhood traffic and Rosemary is 20ft wide. •Tarrow is 40ft wide – Boring only needs 20ft leaving full traffic access. •Rosemary is 20ft wide – Boring will completely shut down traffic. 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. Items 7.1, and 7.5 were pulled from Consent for clarification. (7.1) Tanya Smith, City Secretary, explained to Council that minutes are action minutes and not take by verbatim. Council directed City Secretary add to the July 17, 2023 Special (Budget) Minutes, “Majority of Council concurred to not Broadcast the Special (Budget) Meetings.” (7.5) Richard Mann, Fire Chief, explained that this property is for the development of a new fire station. Fire Station #7 was part of the 2022 Bond Program approved by voters in November 2022. The property being considered for purchase is 4.0 acres of land on Greens Prairie Road, across from its intersection with Dalton Drive. 7.1. Presentation, discussion, and possible action of minutes for: •July 17, 2023 Special Meeting •July 18, 2023 Special Meeting •July 27, 2023 Council Meeting Page 11 of 506 CCM 081023 Minutes Page 4 7.2. Presentation, discussion, and possible action regarding an annual blanket price agreement for emergency medical supplies with Bound Tree Medical, LLC for an estimated annual expenditure of $250,000. 7.3. Presentation, discussion, and possible action regarding Resolution No. 08-10-23-7.3 adopting the Program Year (PY) 2023 Annual Action Plan and Fiscal Year (FY) 2024 Community Development budget. 7.4. Presentation, discussion, and possible action on a Professional Services Contract with Freese and Nichols, Inc. in the amount of $570,993 for the Carter Creek Wastewater Treatment Plant Effluent Filters Phase 1 Outfall improvements. 7.5. Presentation, discussion, and possible action regarding a Real Estate Contract with Jerry P. Windham and Patricia Windham, for the purchase of 4.0 acres of land on Greens Prairie Road for the purchase price of $784,080.00 for the development of Fire Station 7. 7.6. Presentation, discussion, and possible action on an award to Techline Inc. for the purchase of Di-Electric Switchgears for Electric Inventory, not to exceed $882,766. 7.7. Presentation, discussion, and possible action on the purchase of Single and Three Phase Transformers from KBS Electrical Distributors not to exceed $805,810 and Techline Inc. not to exceed $854,150 for a total expenditure of $1,659,960. 7.8. Presentation, discussion, and possible action regarding renewing an Interlocal Agreement with Texas Department of State Health Services (DSHS) for Vital Statistics and Data Use. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action on City-Initiated Rezonings to MH Middle Housing and potential modifications to the MH Middle Housing zoning district. Michael Ostrowski, Planning and Development Director, stated that staff has done several public input sessions on the areas that are being considered for City-initiated rezoning to MH Middle Housing. Valuable feedback has been provided, and the results of those input sessions, along with the other input that has been received. In addition to the specific areas being considered, has identified some potential ordinance amendments relating to the MH Middle Housing zoning district standards based on public feedback. Concerns were identified relating to allowing Shared Housing uses (a use that allows more than one family to reside in a single dwelling unit) within all the areas being considered for City-initiated MH Middle Housing. Mr. Ostrowski explained an option that would include creating an overlay district that would allow Shared Housing in specific areas only and removing the use out of the permitted uses within the MH Middle Housing. Therefore, a property that is zoned MH Middle Housing would also need the overlay district to allow Shared Housing. Another concern that has been raised is not allowing at least four (4) parking spaces per dwelling unit in the front yard. The current district standards require that parking be located in the rear yard when the required number of parking spaces exceeds three (3). While the Page 12 of 506 CCM 081023 Minutes Page 5 intent of the district is to create a more walkable pattern of lots, with buildings lining the streets, this standard may limit an applicant’s desire rezone a property to MH Middle Housing, when a property’s current zoning district would allow four (4) spaces in the front yard. Mr. Ostrowski stated that this propose amending the district standard to increase the maximum number of parking spaces in the front yard to no more than four (4). This would allow single-family uses to park in the front yard, if they choose, and require Shared Housing uses and other larger multiplex developments to park in the rear yard. Recommended General Ordinance Changes •Change parking requirements to allow up to four spaces in the front, instead of three. •Remove Shared Housing uses from the permitted uses in MH Middle Housing and create a High Occupancy Overlay district to allow Shared Housing uses in certain areas only. Map 1 – Recommendations •Area B – Proceed with both MH and Overlay •Area C – Remove from City-Initiated Rezoning •Area D – Proceed with both MH and Overlay •Area E – Proceed with both MH and Overlay •Area F-G-H – Proceed with both MH and Overlay •Area I – Proceed with both MH and Overlay Map 2 – Recommendations •Area L – Proceed with MH •Area M – Proceed with both MH and Overlay •Area N – Proceed with MH, but remove a portion on Lemon Tree Lane •Area P-Q-R-S-T-U – Proceed with both MH and Overlay, except for areas on Colgate Circle and Stanford Circle where only proceed with MH •Area V – Proceed with MH •Area W – Proceed with both MH and Overlay •Area X – Proceed with MH Map 3 – Recommendations •Area Y – Proceed with both MH and Overlay •Area Z – Proceed with both MH and Overlay •Area BB – Proceed with MH for Swiss Court and Chalet Court only, remove the remainder from City-Initiated Rezoning •Area CC – Remove from City-Initiated Rezoning Map 4 – Recommendations •Area DD – Proceed with MH •Area EE – Proceed with MH •Area FF – Proceed with MH •Area GG – Proceed with MH Map 5 Recommendations •Area HH – Proceed with MH •Area II – Proceed with MH •Area JJ-KK – Proceed with both MH and Overlay •Area LL – Proceed with both MH and Overlay •Area MM – Proceed with both MH and Overlay Requested Direction •Change parking requirements to allow up to four spaces in the front. Page 13 of 506 CCM 081023 Minutes Page 6 •Remove Shared Housing uses from the permitted uses in MH Middle Housing and create a High Occupancy Overlay district to allow Shared Housing uses in certain areas only. •Map recommendations Majority of Council directed staff to move forward with recommendations as presented with the understanding there will be more discussion on Area P-Q-R-S-T-U – Proceed with both MH and Overlay, except for areas on Colgate Circle and Stanford Circle where direction was to only proceed with MH. 8.2. Presentation, discussion, and possible action related to interest in a potential future Recreation Center and Convention Center in College Station. Bryan Woods, City Manager, explained that this item is in response to a City Council request and is an opportunity for the Council to discuss the potential of a Recreation Center and/or a Convention Center in College Station. Mr. Woods provided comparison of size, cost to construct at the date of construction, and O&M of different city facilities: El Paso, TX – Eastside Rec Center, Bryan, TX – Legends Events Center, Allen, TX – Terrell Rec Center, Arlington, TX – Beacon Rec Center, TAMU Southside Rec Center, Athens, GA – The Classic Center, Waco Convention Center, Irving Convention Center, and McAllen Convention Center. Considerations: •Cost to Construct/O&M •ROI/Community Value •Partnerships •Demand/Features •Location •Management Next Steps •Scope for study – consultant selected via RFQ. At approximately 8:26 p.m., Mayor Nichols opened for Citizen Comments. Cindy Robinson, College Station, came before Council to speak on behalf of James Murr to support the potential future Convention Center in College Station. Charlie Lima with Boom Fit, College Station, came before Council not in support of a Recreation Center in College Station because it would compete with what he is trying to develop. John Books, Bryan, came before Council to discuss what transportation connections the Council is looking at with a potential Convention Center. Greg Stafford with Texas A&M Hotel and Conference Center, College Station, came before Council as an expert in the field of hotel and conference center management. He is in support of a potential convention center and stated he believes there is a demand but advised the council to seek outside management for its operations. Page 14 of 506 CCM 081023 Minutes Page 7 Steve Diniaco, CEO True Fit, College Station, came before Council to give a brief overview of True Fit and how a Recreation Center will put them at a disadvantage because they will have the same amenities. Stephen Parker, College Station, came before Council on behalf of many gym owners and is not in support of a Recreation Center, which he believes will be detrimental to similar business in the area. Susan Gipson, College Station, came to Council on behalf of the local Harley Davidson dealership in support of a Convention Center. Tre Watson, College Station, came before the Council to state his support for a recreation center. He believes that this could be a community asset that could provide additional space when the Lincoln Center is overwhelmed with events. There being no further comments, the Citizen Comments was closed at 8.51 p.m. A consensus of Council indicated they would like a study with more information on the feasibility both Recreation Center and Conference Center. At 9:05 p.m., the Mayor recessed the Council Meeting. The Council Meeting reconvened at 9:15 p.m. 9. REGULAR ITEMS 9.1. Presentation, discussion, and possible action on the 2023-2024 ad valorem tax rate; and calling a public hearing on a proposed ad valorem tax rate for FY 2023-2024. Mary Ellen Leonard, Finance Director, stated that the Texas Property Tax Code requires that if an entity wishes to increase tax revenues over the no-new-revenue tax rate, then that entity must call and hold a public hearing on the proposed tax rate. Estimated Certified Taxable Values •Total Estimated Certified Taxable Value •$13,971,187,792 •$12,724,688,961 Final •Under Review (Not Final) (8.9%) •Lower Value Used $1,246,498,831 •Taxable Under Protest $1,591,754,299 •BCAD Required to use Lower Value Used •Lower Value Used is then included in Tax Office Rate calculations. Recommended Tax Rate: All Rates are in cents per $100 assessed valuation. Estimated for Proposed Budget Certified by Tax Office Page 15 of 506 CCM 081023 Minutes Page 8 Effect on Average Home •Certified Average Home Price 2022 = $326,076 •Certified Average Home Price 2023 = $360,867 •Increase in Average Home Price = 10.7% •Estimated Dollar Impact = $141.00 At approximately 9:23 p.m., Mayor Nichols opened for Citizen Comments. Lloyd Davis, College Station, came before Council to give his comments and suggestions on ways to lower the tax rate There being no further comments, the Citizen Comments was closed at 9:27 p.m. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to move forward with the tax rate of 51.3086 and setting the public hearing on the proposed ad valorem tax rate will occur, Thursday, August 24, 2023 at 6:00 pm at the City Hall Council Chambers. The motion carried unanimously. Mayor Nichols announced the public hearing on the proposed ad valorem tax rate will occur, Thursday, August 24, 2023 at 6:00 pm at the City Hall Council Chambers. 9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4453 amending Appendix A “Unified Development Ordinance,” Article 1 “General Provisions,” Article 2 “Development Review Bodies,” Article 3 “Development Review Procedures,” Article 4 “Zoning Districts,” Article 5 “District Purpose Statements and Supplemental Standards,” Article 6 “Use Regulations,” Article 7 “General Development Standards,” Article 8 “Subdivision Design and Improvements,” Article 9 “Nonconformities,” Article 10 “Enforcement,” and Article 11 “Definitions,” of the Code of Ordinances of the City of College Station, Texas, regarding formatting and content edits to the Unified Development Ordinance. Matthew Ellis, Planning and Development Services, stated that this ordinance amendment provides needed updates to the Unified Development Ordinance (UDO) for consistency, readability, and accuracy. These edits are not for policy changes, but rather clean-up items. Article 1. General Provisions Highlighted changes: •Reorganized the zoning district tables in Section 1.10. Transitional Provisions. Page 16 of 506 CCM 081023 Minutes Page 9 •Renamed WPC Wolf Pen Creek Development Corridor to WPC Wolf Pen Creek to match how the zoning district is referred to throughout the UDO. Article 2. Development Review Bodies Highlighted changes: •Moved the Landmark Commission after the Design Review Board to align with the order of the review bodies in the table in Section 2.12. Summary of Review Authority. Article 3. Development Review Procedures Highlighted changes: •Reordered sections in development order. •Changed language to align with the practice of staff approving preliminary plans rather than the Planning and Zoning Commission. •Consolidated Wolf Pen Creek Site Plan and Building/Sign Permit sections into existing sections for all site plans and building/sign permits. Article 4. Zoning Districts Highlighted changes: •Reorganized the table of districts to align with the order of districts in Article 5. District Purpose Statements and Supplemental Standards. Article 5. District Purpose Statements and Supplemental Standards Highlighted changes: •Reordered Sections 5.1. Residential Zoning Districts and 5.3. Non-Residential Zoning Districts in the order they are presented in the respective dimensional standards tables. •Reformatted dimensional standards tables in Section 5.2. Residential Zoning District Dimensional Standards, including separating out the Dimensional Standards for Clustered Developments into its own table. •Moved HP Historic Preservation Overlay under Section 5.10. Overlay Districts. Article 6. Use Regulations Highlighted changes: •Reordered Section 6.4. Specific Use Standards in alphabetical order. Article 7. General Development Standards Highlighted changes: •Reordered different sign regulations in Section 7.5. Signs in alphabetical order. •Moved definitions from Section 7.14. Drainage and Stormwater Management to Article 11. Definitions. Article 8. Subdivision Design and Improvements Highlighted changes: •Updated the Certificate of the County Clerk in Section 8.9. Certifications to follow their new approach to certification and recordation of plats. Article 11. Definitions Highlighted changes: •Reordered some of the defined terms to make them easier to find. Page 17 of 506 CCM 081023 Minutes Page 10 The Planning and Zoning Commission at their 7/20/23 meeting voted 6-0 to recommend approval. At approximately 9:45 p.m., Mayor Nichols opened the Public Hearing. Benito Flores, College Station, came before Council to bring forward a discrepancy in the UDO in Sec. 6.4. Mr. Flores stated that he forwarded this information to staff a year, and nothing has been done at this time. There being no further comments, the Public Hearing was closed at 9:48 p.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023-4453, amending Appendix A “Unified Development Ordinance,” Article 1 “General Provisions,” Article 2 “Development Review Bodies,” Article 3 “Development Review Procedures,” Article 4 “Zoning Districts,” Article 5 “District Purpose Statements and Supplemental Standards,” Article 6 “Use Regulations,” Article 7 “General Development Standards,” Article 8 “Subdivision Design and Improvements,” Article 9 “Nonconformities,” Article 10 “Enforcement,” and Article 11 “Definitions,” of the Code of Ordinances of the City of College Station, Texas, regarding formatting and content edits to the Unified Development Ordinance. The motion carried unanimously. 9.3 Public Hearing, presentation, discussion, and possible action regarding amendments to the Unified Development Ordinance No. 2023-4454 Sections 5.8.B Northgate Districts, 7.2 General Provisions, and 7.3 Off-Street Parking Standards to modify off-street parking and bicycle parking requirements. Jesse Dimeolo, Planning and Development Services, stated that as part of the departments Plan of Work, the Planning and Zoning Commission requested that staff explore the option of reducing or eliminating off-street parking requirements for certain uses and/or areas and introducing parking maximums. Reducing and/or eliminating minimum parking requirements can have significant benefits for a community, such as allowing land that would otherwise be used for predominately empty parking lots to be used for more productive development or recreational areas; improving the walkability of a community; and reducing the cost of development. The major changes in the proposed ordinance amendment include reducing the minimum parking ratios for non-residential uses citywide, eliminating parking requirements in redevelopment areas for non-residential uses, implementing parking maximum ratios, and modifying bicycle parking requirements. Currently, vehicular parking requirements and bicycle parking requirements are in two different sections of the UDO, with more emphasis being placed on automobiles. With the goal of building mobility equity into the UDO, it is proposed to have both modes of transportation shown in the off- street parking requirement chart in Section 7.3. This will make it easier for users to assess all parking requirements and place a stronger emphasis on alternative modes of transportation. Also, with reducing vehicular parking requirements citywide, bicycle parking requirements had to be reconsidered. Bicycle parking is now required per unit, whether it be gross square footage of a building or number of bedrooms, rather than providing spaces based on the number of vehicle spaces. Staff has discussed changes with external stakeholders like local real estate developers and engineering firms, other city departments, and the Bicycle, Pedestrian, and Greenways Advisory Board. Staff has received good feedback from these groups, which has helped shape the proposed ordinance. Since the most recent Bicycle, Pedestrian, and Greenways Advisory Board meeting, some small changes were made to sections 5.8 and 7.3. These changes include: Page 18 of 506 CCM 081023 Minutes Page 11 •5.8.B.6 - Allowing for tandem vehicle parking spaces to count for up to 10-percent of the required parking spaces when located in a parking structure in Northgate. •5.8.B.7 - Referencing the revised Off-Street Parking Standards section, and striking certain other standards in this section, as the revised standards are now higher in Section 7.3. •7.3.F - Ensuring that a certain number of bicycle parking spaces are located outside of a building for visitor use. If bicycle parking is located in the interior of a building, appropriate signage will need to be provided to help properly direct users. The Bicycle, Pedestrian, and Greenways Advisory Board heard this item at their June 5, 2023 meeting and voted unanimously to recommend approval of the ordinance changes with a suggestion to clarify verbiage in the opening paragraph of Section 7.3 regarding parking areas. The proposed ordinance attached includes the suggested changes. The Planning and Zoning Commission heard this item at their July 20, 2023 meeting and voted unanimously to recommend approval of the ordinance amendment with allowing multiple-family uses to park at 75% of the required parking ratio in redevelopment areas, which is the same requirement as in Northgate. Shared housing uses will be required to park at 100% of the required parking ratio. The proposed ordinance attached reflects this recommendation. At approximately 10:09 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:09 p.m. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Wright the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023-4454, amendments to the Unified Development Ordinance Sections 5.8.B Northgate Districts, 7.2 General Provisions, and 7.3 Off-Street Parking Standards to modify off-street parking and bicycle parking requirements. The motion carried unanimously. 9.4. Presentation, discussion, and possible action regarding a Community Development Block Grant funding agreement with Elder Aid, Inc. in the amount of $170,000 for the acquisition of 700 Pasler and presentation, discussion, and possible action regarding a HOME Investment Partnership Program funding agreement with Elder Aid, Inc. in the amount of $189,650 for the construction of a single-family house on the lot at 700 Pasler. Virgil Eric Barton, Community Services, stated that the 2020-2024 adopted Community Development Consolidated Plan and the 2023 Annual Action Plan identified the need to work with partners for the development of affordable housing for both homeowners and renters. Staff released a 2023 Affordable Housing Development Funding Request for Proposal (RFP) on April 14, 2023. Three (3) proposals were received in response to the RFP. Staff recommends the approval of two (2) funding agreements with Elder Aid: A Community Development Block Grant funding agreement in the amount of $170,000 for the acquisition of 700 Pasler and a HOME Investment Partnership Program funding agreement in the amount of $189,650 for the new construction of a single-family home that will be used as an elderly rental unit for households at or below 60% of the area median income. The HOME agreement also includes a Developer's Fee for the agency to manage the rental units. Mr. Barton explained that Elder Aid works to minimize the stress to the elderly as they cope with affordable housing, health and wellness, inadequate funding for basic needs, loneliness, disabilities, and the loss of loved ones. Their mission is to ensure that the elderly in the Brazos Valley remain independent and in the community for as long as possible. Elder Aid has partnered with the City of College Station since 2015 and has received $2,515,518 to purchase 11 duplexes in College Station Page 19 of 506 CCM 081023 Minutes Page 12 that created 22 affordable rental units for low-income elderly households. Elder Aid has successfully utilized the new construction model with funding from the City of Bryan through Community Development funds for many years. Due to challenges in locating duplexes for sale at reasonable prices or finding sellers who are willing to accept a delayed closing date due to federal requirements, Elder Aid will construct a new rental home at 700 Pasler. Staff recommends that City Council approve two funding agreements with Elder Aid for the acquisition of 700 Pasler and the construction of a house to be used as an elderly rental unit. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to deny a Community Development Block Grant funding agreement with Elder Aid, Inc. in the amount of $170,000 for the acquisition of 700 Pasler and presentation, discussion, and possible action regarding a HOME Investment Partnership Program funding agreement with Elder Aid, Inc. in the amount of $189,650 for the construction of a single-family house on the lot at 700 Pasler. Council directed staff to investigate other avenues to spend the move more efficiently. The motion carried unanimously. 9.5. Presentation, discussion, and possible action regarding the creation of a Housing Action Plan Steering Committee to advise and provide community input on the Housing Action Plan. David Brower, Community Services, stated that at the July 13, 2023 City Council meeting staff brought forward the plan to develop a Housing Action Plan to identify various tools and programs to create more housing opportunities in College Station for the local workforce and the low-to-moderate income population. This plan will support the impactful implementation of the Comprehensive Plan, specifically actions: •2.3 - create incentives and programs to revitalize existing areas and established neighborhoods; and •3.4 - expand affordable housing and workforce housing and support efforts, programs, and incentives aimed at developing affordable housing stock and low- and moderate- income citizens to secure affordable homeownership and/or rental opportunities; and •3.6 - develop and refine data monitoring processes to analyze housing trends and define a strategic set of actions to address housing affordability, diversity, and gentrification; and •3.9 - continue partnering with local nonprofit organizations and area partners to support affordable housing options. Mr. Brower explained that the plan development process will include identifying existing conditions, research of incentives and programs across the country and the state, robust public engagement, and development of a plan that will include tools and programs for the City and partners to develop and expand access to affordable housing opportunities. The creation of a steering committee will help give staff direction and engage stakeholders in more consistent ways throughout the planning process. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to approve the creation of a Housing Action Plan Steering Committee to advise and provide community input on the Housing Action Plan. The motion carried unanimously. 9.6. Presentation, discussion, and possible action regarding Ordinance No. 2023-4055 prohibiting commercial motor vehicle parking in certain areas by amending Chapter 38, "Traffic and Vehicles," Article II "Stopping, Standing, and Parking," Section 38-45 "Parking Regulations for Certain Described Areas," and Section 38-79 "Civil Fines, Costs and Fees," Page 20 of 506 CCM 081023 Minutes Page 13 adding, in Chapter 38 "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1016 "Traffic Schedule XVI, No Commercial Motor Vehicle or Trailer Parking," to the Code of Ordinances of the City of College Station, Texas, to prohibit commercial motor vehicles and trailers from parking along the south side of Ponderosa Drive, providing a severability clause; declaring a penalty; providing an effective date; and repealing Ordinance 2023-4449. Emily Fisher, Public Works Director, stated that the proposed ordinance will prohibit commercial motor vehicles and trailers from parking on the south side of Ponderosa, while allowing for other vehicles to park. Commercial motor vehicles are defined as any vehicles that have a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,001 pounds. The proposed ordinance also adds language classifying trailers as commercial motor vehicles. Box type trucks such as delivery or moving trucks are not considered commercial motor vehicles. The proposed ordinance includes adding language to Chapter 38, Article II, Section 38-45 (Exhibit A), a version of this section showing the revisions is attached. The proposed ordinance will also add a fine to Chapter 38, Article II, Section 38-79 (Exhibit B), and will add a new section, 38-1016, to Chapter 38, Article VI (Exhibit C). Finally, the proposed ordinance will repeal Ordinance 2023-4449. The currently placed "No Parking" signs will be replaced with "No Truck Parking" signs if the proposed ordinance is approved. For the purpose of signage, truck is defined the same as commercial motor vehicles and trailers as described in Sec. 38-45 (b) of the proposed ordinance. Public Works will replace the "No Parking" signs with "No Truck Parking". The cost of the signs is included in the Public Works Traffic Operations budget. The signs that are removed will be able to be reused. The signs cost approximately $100 each for a total cost between $600 and $700. At approximately 10:50 p.m., Mayor Nichols opened for Citizen Comments. Danial Steels, College Station, came before Council to speak as a truck driver who would be at a loss to find parking nearby that would be convenient for him. Jessica Steels, College Station, came before Council as the partner of the previous speaker to reiterate the hardship it would create for their household. Dan Daniel, College Station, came before Council and stated that both sides of Pondarosa need to be closed or the problem just moves to the other side of the street. Musa Bangura, College Station, came before council to express how hard it is to find parking already and this creates difficulty for those in his profession. There being no further comments, the Citizen Comments was closed at 11:04 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Maloney the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against, to adopt Ordinance No. 2023-4455, prohibiting commercial motor vehicle parking in certain areas by amending Chapter 38, "Traffic and Vehicles," Article II "Stopping, Standing, and Parking," Section 38-45 "Parking Regulations for Certain Described Areas," and Section 38-79 "Civil Fines, Costs and Fees," adding, in Chapter 38 "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1016 "Traffic Schedule XVI, No Commercial Motor Vehicle or Trailer Parking," to the Code of Ordinances of the City of College Station, Texas, to prohibit commercial motor vehicles and trailers from parking along the south side of Ponderosa Drive, providing a severability clause; declaring a penalty; providing an effective date; and repealing Ordinance 2023-4449. The motion carried. Page 21 of 506 CCM 081023 Minutes Page 14 10. Council Calendar Council reviewed the calendar. 11. 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. No items of Community Interest to report on at this time. 12. 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) Nothing to report at this time. 13. 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. No future items at this time. 14. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 11:08 p.m. on Thursday, August 10, 2023. ________________________ John P. Nichols, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 22 of 506 August 24, 2023 Item No. 6.2. Contract for 2023 TAMU Football Post Game Day Traffic Control Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding a general services contract with Buyers Barricades Houston, LLC in a not to exceed amount of $122,535 for the 2023 TAMU Football Post Game Day Traffic Control. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends awarding the contract to Buyers Barricades Houston, LLC. Summary: Following each Texas A&M University (TAMU) home football game, Public Works, working with other city departments, manages the deployment of traffic control devices to increase the capacity of roadways, allowing game day traffic to exit efficiently. The Traffic Engineering Division works with the Texas Transportation Institute and TAMU Transportation Services to develop a traffic control plan both on campus and off campus to move traffic away from Kyle Field following each game. This includes closing some roadway access points as well as the addition of contra-flow lanes along FM 2154 (Wellborn Road). This operation requires the deployment of traffic control devices during the game and collection of devices after traffic clears. The city provides all traffic control devices but utilizes contractors for the deployment, using Buyers Barricades Houston, LLC for the past several years. TAMU is responsible for all traffic control on campus, while the city is responsible for traffic control off campus. Through an interlocal agreement, TAMU does participate financially in the deployment of off-campus traffic control. The agreement, approved in September of 2021, specifies TAMU's participation as the lesser of either one-half of the deployment costs per year or a not to exceed amount of $57,000 per year. The city invoices TAMU after the final home football game each season. Since the total amount of this year's contract is $122,535, TAMU's portion will be $57,000, assuming the full amount is utilized. The interlocal agreement has a five (5) year term, expiring in 2026. This general services contract was procured through contract 703-23 of the BuyBoard Purchasing Cooperative. Budget & Financial Summary: The budget for the deployment of traffic control has been included in both the FY23 and FY24 Street Maintenance budgets. Attachments: 1. Contract 23300675 Page 23 of 506 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: PROJECT#: _________ BID/RFP/RFQ#: Project Name / Contract Description: _ Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable)DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable)DATE 23300675 N/A N/A Texas A&M Football Gameday Traffic Control Deployment and Pick-up (7 Games) Buyers Barricades 122,535.00 The funding for this project will be taken from the streets Division account number: 10010740-5315. The cost estimate is $122,535.00 QUOTE is associated with BUYBOARD Contract #703-23. N/A 8/24/23 N/A N/A N/A N/A N/A 8/7/2023 Page 24 of 506 CITY OF COLLEGE STATION GENERAL SERVICE CONTRACT This General Service Contract is by and between the City of College Station, a Texas Home-Rule Municipal Corporation (the "City") and Buyers Barricades Houston, LLC (the "Contractor"), for the following work: TAMU Post Game day Traffic Control for the 2023 Football Season (7 Games) as described in the Scope of Services attached as Exhibit "A". ARTICLE I PAYMENT AND TERM 1.01 Consideration. In consideration for the services performed in the Scope of Services and Contractor's Completion of work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed ONE HUNDRED TWENTY-TWO THOUSAND FIVE HUNDRED THIRTY-FIVE and 00 /100 Dollars ($ 122,535.00 ). 1.02 Payment Application. Within seven (7) calendar days of completion of the services the Contractor will submit its payment application to the City. 1.03 City's Payment and Approval. The City will pay Contractor as shown in Exhibit "B" Payment Schedule, for the services performed no later than thirty (30) calendar days from the date of the City's receipt of the payment application and the City's approval of the services. [{] 1.04 Time is of the Essence. The Contractor must complete all the services described in 'the Scope of Services by the following dates: November 25th, 2023 OR D 1.04 Term. The initial term of the Contract is for one (1) year with the option to renew for two (2) additional one (1) year terms for a total of three (3) years. Any renewal must be in writing and executed by the parties. 1.05 Executed Contract. The "Notice to Proceed" will not be given nor shall any work commence until this Contract is fully executed and all exhibits and other attachments are completely executed and attached to the Contract. ARTICLE II CHANGE ORDERS 2.01 Changes will not be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid, except upon the prior written order from authorized personnel of the City. The Contractor will not execute change orders on behalf of the City Contract No.23300675 General Service Contract Form 08-10-2021 Page 11 Page 25 of 506 or otherwise alter the financial scope of the services except in the event of a duly authorized change order approved by the City as provided in this Contract. (a) City Manager Approval. When the original Contract amount plus all change orders is $100,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council of the City must approve such change order prior to commencement of the services or work; and (b) City Council Approval. When the original contract amount plus all change orders is greater than $100,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000. For such contracts, when a change order exceeds $50,000, the City Council of the City must approve such change order prior to commencement of the services or work. The sum of all change orders may not exceed 25% of the original contract amount. (c) Increase in Scope. Any request by the Contractor for an increase in the Scope of Services and an increase in the amount listed in Article I of this Contract shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shall be waived. (d) Dispute. If there is a dispute between the Contractor and the City respecting any service provided or to be provided hereunder by the Contractor, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Contractor agrees to continue providing on a timely basis all services to be provided by the Contractor hereunder, including any service as to which there is a dispute. ARTICLE III INDEPENDENT CONTRACTOR AND SUBCONTRACTORS 3.01 Independent Contractor. It is understood and agreed by the parties that the Contractor is an independent contractor retained for the services described in the Scope of Services. The Contractor shall be solely responsible for and have control over the means, methods, techniques and procedures, and for coordination of all portions of the work or services. Unless otherwise provided in the Contract, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the work or services. In addition, at the appropriate times, the Contractor shall arrange and bear cost of tests, inspections, and approvals of portions of the work or services required by the Contract or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. The City will not control the manner or the means of the Contractor's performance, but shall be entitled to a work product as in the Scope of Services. The City will not be responsible for reporting or paying employment taxes or other similar levies that Contract No. 23300675 General Service Contract Form 08-10-2021 Page 12 Page 26 of 506 may be required by the United States Internal Revenue Service or other State or Federal agencies. This Contract does not create a joint venture. 3.02 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contact with Contractor for performance of work or services on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work or services on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 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. ARTICLE IV INSURANCE 4.01 The Contractor shall procure and maintain, at its sole cost and expense for the duration of this Contract, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its officers, agents, volunteers, and employees. 4.02 The Contractor's insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in Exhibit "C". During the term of this Agreement Contractor's insurance policies shall meet the minimum requirements of this section. 4.03 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation/Employer's Liability. 4.04 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (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 oflnsurance and are acceptable on a per-occurrence basis only. Contract No. 23300675 General Service Contract Form 08-10-2021 Page I 3 Page 27 of 506 ( 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. 4.05 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 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 $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. 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 not exclude 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. 4.06 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 under the current AM. 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. 4.07 Workers' Compensation/Employer's Liability Insurance. The following Workers' Compensation Insurance shall include the following terms: Contract No. 23300675 General Service Contract Form 08-10-2021 Page 14 Page 28 of 506 (a) Employer's Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; (b) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those named in Item 3A and the States ofNV, ND, OH, WA, WV, and WY". ARTICLE V INDEMNIFICATION AND RELEASE 5.01 Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its Council members, officials, 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 attorneys' fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Contractor under this Contract. 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. 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. 5.02 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its Council members, officials, 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 that is caused by, 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 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. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VI GENERAL TERMS 6.01 Performance. Contractor, its employees, associates, or subcontractors shall perform all the work or services described in the Scope of Services in a good, workmanlike, and professional manner and in accordance with this Contract, and all applicable laws, codes, and regulations. Contractor shall be fully qualified and competent to perform the work or services. Contractor shall undertake and complete the work or services in a timely manner. Contract No. 23300675 General Service Contract Form 08-10-2021 Page I 5 Page 29 of 506 6.02 Termination. The City may terminate the Project and this Contract, at any time, for convenience. In the event of such termination the City will notify the Contractor in writing and the Contractor shall cease work immediately. Contractor shall be compensated for the work or services performed. Should the City terminate this Contract for convenience, the City shall pay Contractor for the work or services performed and expenses incurred before the date of termination. 6.03 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. 6.04 Amendment. This Contract may only be amended by written instrument approved and executed by the parties. 6.05 Taxes. The City is exempt from payment of state and local sales and use taxes on labor and materials incorporated into the project. If necessary, it is the Contractor's responsibility to obtain a sales tax permit, resale certificate, and exemption certificate that shall enable the Contractor to buy any materials to be incorporated into the project and then resell the aforementioned materials to the City without paying the tax on the materials at the time of purchase. 6.06 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 Act (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. 6.07 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 or deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. 6.08 Assignment. This Contract and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 6.09 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. 6.10 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 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. Contract No. 23300675 General Service Contract Form 08-10-2021 Page I 6 Page 30 of 506 6.11 Entire Agreement. This Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 6.12 Agree to Terms. The parties state that they have read the terms and conditions of this Contract and agree to the terms and conditions contained in this Contract. 6.13 Effective Date. This Contract goes into effect when duly approved by all the parties hereto. 6.14 Notice. Any official notice under this Contract will be sent to the following addresses: CITY OF COLLEGE STATION Attn: Marshall Wallace POBOX9960 1101 Texas Ave College Station, TX 77842 _m_w_a_lla_c_e ____ @cstx.gov Buyers Barricades Houston, LLC Attn: Michael Cooper P.O. Box 733731 Dallas, TX 75373 michael@buyersbarricades.com 6.15 Severability. In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and in lieu of each provision that is invalid, illegal or unenforceable, there shall be added a new provision to this Contract as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and yet be valid, legal and enforceable, by means of good faith negotiation by the Parties to this Contract or by reform by a court of competent jurisdiction. 6.16 Duplicate Originals. The parties may execute this Contract in duplicate originals, each of equal dignity. 6.17 Exhibits. All exhibits to this Contract are incorporated and made part of this Agreement for all purposes. 6.18 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 Contract No. 23300675 General Service Contract Form 08-10-2021 Page 17 Page 31 of 506 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) will not boycott energy companies during the term of this Contract. Contract No. 23300675 General Service Contract Form 08-10-2021 Page I 8 Page 32 of 506 List of Exhibits A. Scope of Services B. Payment Schedule C. Certificates of Insurance Buyers Barricades Houston, LLC Printed Name: __________ _ Title: _____________ _ Date: ______________ _ Contract No. 23300675 General Service Contract Form 08-10-2021 CITY OF COLLEGE STATION By: ____________ _ City Manager Date: _____ _ APPROVED: City Attorney Date: _____ _ Assistant City Manager/CFO Date: _____ _ Page I 9 Michael Cooper Project Manager 8/2/2023 Page 33 of 506 Contract No.___________ General Service Contract Form 08-10-2021 EXHIBIT A SCOPE OF SERVICES The terms and conditions of this Contract shall take precedence and control over any term or provision of the Scope of Services that in any way conflicts with, differs from, or attempts to alter the terms of this Contract. This contract is for deploying and removing traffic devices at the locations specified in the Traffic Control Plan as well as returning the devices to the Public Works Operations Center. Signs, barricades and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicable. See attached Texas A&M Football Post Game Traffic Control Plan as part of Exhibit A. Reference BuyBoard Contract #703-23. 23300675 Page 34 of 506 In partnership between: INDEX OF SHEETS 1.Title Sheet 2A. General Notes & Deployment Plan 2B. Removal Plan 3.Specifications 4A. Wellborn Road at University Drive 4B. Wellborn Road at University Drive 5.Wellborn Road at George Bush Drive 6.Wellborn Road at Fidelity Street 7.Wellborn Road at Luther Street 8.Wellborn Road at Holleman Drive 9.Wellborn Road at Southwest Parkway 10. Wellborn Road at FM 2818 north intersection 11. Wellborn Road at FM 2818 south intersection 12. George Bush Drive at Olsen Blvd 13. George Bush Drive at Penberthy Drive 14. Luther Street at Penberthy Drive 15. George Bush Drive at Barbara Bush Drive 16. FM 2818 at Raymond Stotzer Pkwy 17. FM 2818 at George Bush Drive 18. FM 2818 at Luther Street 19. FM 2818 at west of Holleman Drive 20. FM 2818 at Holleman Drive 21. Texas Avenue at Deacon Drive 22. Wellborn Road at George Bush Drive Modification 23. Wellborn Road at Southwest Parkway Modification 24. – 37. TxDOT Standard Sheets Texas A&M Football Post Game Traffic Control Plan SHEET 1 Page 35 of 506 General Notes 1.Necessary Operational Procedures: a.Premark locations of traffic control devices with water based paint and maintain as needed. It is anticipated that most markings will not need to be remarked. b.Traffic control devices included in this contract shall be picked up at the Public Works Operations Center on King Cole Drive before each TAMU football game. Pick-up times shall be coordinated with the Streets Manager or their designee. c.Traffic control devices shall be deployed in accordance with the provided Deployment Plan. Any modifications to the plan must be discussed in advance and approved by the City. d.Traffic control devices included in the plans may be staged, but not deployed until the start of the second quarter of the football game. This means that devices shall not be placed in the roadway and signs shall not be visible to traffic until the start of the second quarter of the football game. (One exception is noted at Texas/Deacon). e.Set-up cones, panels, and barricades in accordance with Traffic Control Plan. f.Set-up temporary signs called out in the Traffic Control Plan. g.All temporary traffic control devices (except those to be placed in a signalized intersection) shall be in place and ready for post-game traffic operations by the beginning of the fourth quarter of the TAMU football game. Traffic control devices to be placed in a signalized intersection are to be placed per the plans once the traffic signal is in a flashing operation or a City of College Station representative provides direction to do so. The intersections of George Bush/Wellborn Road, George Bush/Olsen Blvd and FM 2818/Holleman Drive shall not have traffic control devices placed in the intersection until a College Station Police Officer arrives and provides the direction to do so. h.All temporary traffic control devices shall remain in place and maintained by the contractor until notified by a College Station representative, typically the College Station Police Officer in- charge of the post football game traffic operations. It is anticipated that removal of the devices will begin 2 hours after the football game ends; however, this is an estimate for informational purposes only and does not restrict or limit the City of College Station representative’s decision regarding the duration of the post football game traffic operations. i.All temporary traffic control devices will be removed when instructed in an orderly manner in accordance with the provided Removal Plan. Any modifications to the plan must be discussed in advance and approved by the City. j.All traffic control devices included in this contract shall be picked up and returned to the Public Works Operations Center on King Cole Drive after each TAMU football game. Drop-off times shall be coordinated with the Streets Manager or his designee. 2.All traffic control signs and devices shall be placed and installed in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and TxDOT Traffic Engineering Standard Sheets for Barricade and Construction Standards. Sign Designs sheet shows the design formation for the Dual Right Turn sign, Left and Right Only sign, Bus Only Lane sign, Right Turn Only sign and U Turn sign. 3.Any variations to the traffic control plan shall be approved by the City Traffic Engineer. 4.Contractor shall provide at least limited access to all businesses and residences along roadway at all times.SHEET 2bSHEET 2A General Notes (cont.) 5.Unless specified elsewhere in the plans, all signs shall be the standard size for conventional roads, per the TMUTCD. 6.All Portable Changeable Message Signs (PCMS) will be deployed, activated, deactivated, and returned to the Public Works Operations Center by Public Works employees. These plans do not include the need of the contractor’s forces to assist or be responsible for the PCMS. 7.Contractor will be required to provide radios to communicate with personnel as well as with the City. 8.Contractor shall follow the provided plan unless directed otherwise by the Incident Commander, Streets Manager, or City Traffic Engineer. 9.Contractor shall stage vehicles in locations specified in the plans or as directed by the City during the pre-deployment meeting. Deployment Plan Texas @ Deacon Close off turn lane at start of game. West Luther @ FM 2818 (half time) •Close left turn lane from westbound W. Luther •Close left turn lane from NB FM 2818 •Close left turn lane from SB FM 2818 leaving gap in cones for bus to turn left. West Luther @ Penberthy •Close NB Penberthy at West Luther at the start of the 3rd quarter. Penberthy @ Lot 63 driveway •Close northbound Penberthy at the start of the 3rd quarter and deploy barricades across portion of southbound Penberthy at start of 4th quarter. FM 2818 @ Stotzer Parkway (half time) •Close northbound exit ramp to Stotzer •Close ramp from WB Stotzer to SB FM 2818 (if needed – this is a game-to-game decision) FM 2818 @ Holleman South •All traffic control devices will be placed at the beginning of the 4th quarter with officers on site. Wellborn Rd. @ University (half time) •Close exit ramp from eastbound University. •Close exit ramp from northbound Wellborn to eastbound University •Close left turn lane from southbound Wellborn to eastbound University Page 36 of 506 Deployment Plan (cont.) Wellborn Road Start placing traffic control devices on Wellborn Rd. at FM 2818 going north at the beginning of the second quarter. All devices are to be deployed and ready for operation when traffic control at George Bush/Wellborn Road is activated and officers are ready to move traffic. Holleman @ Wellborn Stage all traffic control devices and wait until 4th quarter to deploy. George Bush Drive: The details below are designed to allow transit operations to continue during all portions of the deployment operation; the order and timing of intersection closing is important. Median Openings of George Bush between Olsen Blvd and Barbara Bush Drive •Median openings at Barbara Bush and the Pearce Pavilion can be closed at half time. •Median opening at Reed House can be closed just before Penberthy closure George Bush @ FM 2818 •Stage all traffic control devices and wait until 4th quarter to close off intersection. Stage all traffic control devices at Penberthy, Olsen and Marion Pugh intersections and wait until 4th quarter. City of College Station Public Works, in coordination with Texas A&M Transportation will make decision to deploy remaining George Bush traffic control and George Bush/Wellborn intersection at some time during 4th quarter. When decision is made: 1.Close George Bush @ FM 2818 2.Close George Bush median opening at Reed House 3.Close Olsen Blvd – set up dual right turn from southbound Olsen to westbound George Bush; allow any westbound George Bush traffic to proceed west. Officers must be at the Olsen and Marion Pugh intersections before being closed. 4.Set up Marion Pugh intersection and two-way flow to Callaway House a.Texas A&M Transit will continue normal operations until beginning of Step 5; buses will wait in westbound George Bush curb lane 5.George Bush @ Penberthy •Close Penberthy median opening. 6.Begin George Bush contraflow operations – VIP traffic (only) allowed across railroad tracks on westbound George Bush and moves to eastbound Bush Drive roadway at Olsen Blvd intersection. George Bush @ Wellborn Rd. Stage all traffic control devices and wait until 4th quarter. Officers must be at the intersection before closing. City of College Station Public Works, in coordination with Texas A&M Transportation will make decision to deploy George Bush/Wellborn intersection traffic control at some time during 4th quarter. As noted by the arrow on the plan sheet, there will be eastbound and westbound bus only lanes along George Bush Drive. The eastbound bus only lane will cross between the cones used to delineate the southbound Wellborn Road travel lanes through the intersection. The two cones on either side of the eastbound bus only lane need to be spaced 10 ft apart. The remainder of the cones are to be spaced per the plan sheet. Center of George Bush median to be closed at halftime, close everything along the center of George Bush Dr. Penberthy intersection will be the exception, and left open until the beginning of the 4th quarter. Removal Plan While it is not required, it is anticipated that 3 to 4 crews will be needed to quickly pick up the traffic control devices. Below is the plan for picking up the traffic control devices. Alternatives for more efficient methods of picking up the traffic control devices must be submitted to the City for approval. However, the pick-up of the traffic control devices does not start until the City of College Station representative provides the instruction to do so. A contractor representative should be with the College Station representative, or at least be available by radio to receive the go ahead to begin the pickup process. Crew #1 A crew should start picking up the traffic control devices at the Wellborn Road and University Drive intersection, then travel to the Stotzer Blvd/FM 2818 interchange to pick up grabber cones at the westbound to southbound FM 2818 ramp. Then, work down to the northbound FM 2818 exit ramp to FM 60 and pick up the devices. After this area has been picked up, the crew can pick up the traffic control devices at the FM 2818/Luther intersection followed by the Luther/Penberthy intersection. The crew should continue north on Penberthy picking up the traffic control devices along the way. If needed, this crew can assist Crew #3 in picking up the devices along George Bush, but only after Crew #3 arrives at the George Bush/Penberthy intersection. Crews #2 & #3 Two crews should be ready to start picking up the traffic control devices at the Wellborn Road and George Bush intersection because you will need to be able to clear the intersection within 7 minutes after receiving the go ahead from the College Station representative at the intersection. The crew will remove the traffic control devices on the north intersection leg. Then College Station Police Officers will shut down the intersection by stopping all traffic approaching the intersection. The crews will have 2 minutes to pick up the devices between the two southbound travel lanes through the intersection and on the south leg. After this, the southbound traffic will be released to proceed through the intersection toward FM 2818. During the time between minutes 2 and 7, Crew #2 will finish picking up the traffic control devices in the intersection. Crew #2 will then move to the east side of the intersection while officers allow Bush traffic to turn from westbound to southbound for a few minutes. Crew #2 will then pick up devices on east side of intersection while officers hold George Bush traffic. Crew #3 begins picking up the traffic control devices on the west leg of George Bush between Wellborn Road and Olsen Drive (Crew 3 needs to be positioned on George Bush, west of Wellborn Road and out of the intersection before the 2 minutes have expired). Note, the barricades at the track for westbound traffic shall stay in place until all of the traffic control devices between Wellborn Road and Olsen Drive have been picked up – a member of Crew #3 can circle back to pick up these devices before rejoining the crew to pick up the remaining traffic control devices on George Bush Drive. Crew #2 Will continue picking up the devices on Wellborn Road toward FM 2818. Once this crew is south of the Bush/Wellborn intersection (at the end of 7 minutes), the traffic on George Bush will be released and allowed to turn onto southbound Wellborn Road toward FM 2818 and signals will return to normal operation. Crew #3 Will then drive west in the eastbound lanes (counter flow) and remove traffic control at Penberthy/George Bush intersection. Crew #3 will continue westbound in the eastbound lanes and remove traffic control at Reed House and Barbara Bush median opening. Crew #3 will continue west in the eastbound George Bush lanes (still traveling counter flow) to the George Bush/FM 2818 intersection and remove devices. Crew #3 will return eastbound in the (now open) eastbound lanes to pick up traffic control at the Pearce Pavilion median. Crew #4 This crew should start on the east side of the Wellborn Road and Holleman intersection picking up the traffic control devices and move to the west side. They will then travel to the FM 2818/Holleman Drive intersection to pick up the traffic control devices there. After completing these areas, the crew can remove the traffic control devices at the Texas Ave/Deacon Dr. intersection. SHEET 2B Page 37 of 506 ITEM 502 BARRICADES, SIGNS, TRAFFIC HANDLING, AND MOBILIZATION 502.1. Description. Provide, install, move, replace, maintain, clean, and remove upon completion of the post special event traffic control effort as established by a City of College Station representative all barricade s, signs , cones, lights, and other traffic control devices used for traffi.c handling as indicated on the plan s and as directed. Mobilization costs (i.e., the movement of personnel, equipment, and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items) and attendance to a debriefing meeting during the week following each TAMU football game will be con sidered subsidiary to this item. 502.2. Construction. Provide traffic control devices that conform to details shown on the plans, the TMUTCD, and the Compliant Work Zone Traffic Control Device Li st (CWZTCDL) maintained by the Texas Department of Transportation Traffic Operations Divis ion . A. Implementation. Before beginning work, designate in writing a Contractor's Responsible Person (CRP) to be the representative of the Contractor who is responsible for taki ng or directing corrective measu r es of installation and maintenance deficiencies as soon as pos sible . The CRP mu st be accessible by phone, on site during the special event, and able to respond to emergencie s 24 hours per day during the event. Follow the traffic control plan (TCP) and install traffic control devices as shown on the plans and as directed. In stall traffic control devices straight and plumb. Do not make change s to th e location of any device or implement any other change s to the TCP without the approval of the City of College Station representative. Minor adjustments to meet field constructability and vi sibility are allowed. Submit Contractor-proposed TCP changes, signed and sealed by a licensed professional engineer, to the Engineer for approval. The Engineer may develop, sign, and seal Contractor-proposed changes. Changes must conform to guidelines established in the TMUTCD using approved products from the CWZTCDL. Maintain traffic control devices by taking corrective action as soon as possible. Corrective action includes but i s not limited to cleaning, replacing, straightening, covering, or removing devices. Maintain the devices such that they are properly positioned, spaced, and legible, and that retroreflective characteristics meet requirements during darkness and rain. B. Flaggers. Provide a Contractor representative who has been certified as a flagging instructor through courses offered by the Te xas Engineering Extension Service, the American Traffic Safety Services As sociation, the National Safety Council, or other approved organizations, if flagging operations are nece ssary or required. Provide the certificate indicating course completion when requested. This representative is responsible for training and assuring that all flaggers are qualified to perform flagging duties. A qualified flagger must be independently certified by one of the organizations listed above or trained by the Contractor's certified flagging instructor. Provide the Engineer with a current list of qualified flaggers before beginning flagging activities. Use only flaggers on the qualified list. Flaggers must be courteous and able to effectively communicate with the public. When directing traffic, flaggers must use standard attire, flags, signs, and signals and follow the flagging procedures set forth in the TMUTCD. C. Removal. Upon completion of the post special event traffic control effort as established by a City of College Station representative, remove all barricades, signs, cones, lights, and other traffic control devices used for work-zone traffic handling, unless otherwise shown on the plans. 502.3. Measurement. This Item will be measured by the lump sum for each special event. 502.4. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Barricades, Signs, and Traffic Handling" fo r the date of the specified special event. Th is price is full compensation for installation, maintenance, adjustments, replacements, removal, materials, equipment, labor, tools, incidentals, and mobilization needed for the individually specified special event. SHEET 3 Page 38 of 506 CITY OF COLLEGE STATION Home of Texas A&M University"' Game Day Traffic Control Wellborn Road and University Drive Legend/Supply Totals A 50xCones tB1] 2 x No Right Turn Sign w/ Temporary Support ~ 1 x No Left Turn Sign Sheet 4-A NOTE: Signs, barricades, and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicable. Page 39 of 506 ' CITY OF COLLEGE STATION Home of Texas A&M University® Game Day Traffic Control Wellborn Road and University Drive Legend/Supply Totals .&,. 7xCones l®I 2 x No Right Tum Sign w/ Temporary Support Sheet 4-B NOTE : All signs and cones seen within this boundary are shown on Sheet 4 -A . NOTE: Signs, barricades, and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicable. Page 40 of 506 Modification 1 : See sheet 22 . jFor Modification 1 Only. PCMS Phase I (PCMS to be installed by City of College Station forces) Buses Only (Controlled by Officer) 14 panels@ 20 ft spacing (PCMS to be installed by City of College Station forces) Wellborn Rd R9-3 Marion Pugh 120 Ft Taper (7 cones@ 25 ft Spacing) CW6-4 ONLY R3 -S WELLBORN RD. At George Bush Q APPROX. SCALE 50 ft 9 panels@ 20 ft spacing SHEET 5 Revised 6/13/2017 ~ LEGEND DEVICE Vertical Panels (VPs) or 42in "Grabber" Cone • 42in "Grabber" Cone -Opposing Traffic Lane Dividers (OTLDs) Portable Changeable Message Signs (PCMS) ...... Static sign (on temporary support) IZZZI Type I Portable Barricade + 28in Cone * Officer Bus Only Lane Typical Spacing between VPs and OTLDs ----x x QNTY 65 20 4 2 8 4 22 4 The spacing between cones, tubular markers, vertical panels, drums, and barricades should not exceed a distance in feet equal to 1.0 times the speed limit in mph when used for taper channelization, and a distance in feet equal to 2.0 times the speed limit in mph when used for tangent channelization. Page 41 of 506 I I I I AJ-2 ..------- I lt CW G·4 ~ ~ A3-2 lt A 3-2 CW6-4 'di ~ lt ~ ~ -0 \~ CW6 -•t A J-2 ~ L ____ _ ---~-------------- I I I Approx. 10 ft spacing between (PCMS to be installed by City of College Station forces) Approx. 10 ft spacing between devices A 3-2 Approx. 10 ft spacing between devices R3·2 Typical Spacing between VPs and OTLDs Approx. 10 ft spacing between devices The spacing between cones, tubular markers, vertical panels, drums, and barricades should not exceed a distance in feet equal to 1.0 times the speed limit in mph when used for taper channelization, and a distance in feet equal to 2.0 times the speed limit in mph when used for tangent channelization. • ... - {PCMS) ~ I ~:.J WELLBORN RD. At Fidelity APPROX. SCALE so ft SHEET 6 lt Revised 5/13/2016 Ot/6-4 ----. --~ ----......--- R J-2 LEGEND DEVICE Ve rtical Pane ls (VPs) or 42in "Grabber" Cone 42in "Grabb er" Con e Opposing Traffic Lane Dividers (OTLD s) -- Portable Changeable Mess age Sign s (PCMS) Static sign (on tempora ry su pport) - Type Ill Portable Barricade - I I I I I I QNTY 63 - 12 - 1 8 - Page 42 of 506 R3-2 I I I I I I QJ c :::i ..c u .... l1J ~ lt R 3-2 Typical Spacing between VPs and OTLDs Approx.10 ft spacing between devices The spacing between cones, tubular markers, vertical panels, drums, and barricades should not exceed a distance in feet equal to 1.0 times the speed limit in mph when used for taper channelization, and a distance in feet equal to 2.0 times the speed limit in mph when used for tangent channelization. RJ-2 lt lt CW6-4 • A - Approx. 10 ft spacing between devices \ ~ R3-2 LEGEND DEVICE Vertical Panels (VPs) or 42in "Grabber" Cone 42in "Grabber" Cone Opposing Traffic Lane Dividers (OTLDs) {PCMS) Portable Changeable Message Signs (PCMS) -- ..a. Static sign (on temporary support) - cz:zJ Type Ill Portable Barricade - - QNTY 75 - - 15 1 13 - A3-2 Approx. 10 ft spacing between devices WELLBORN RD. At Luther St. (J APPROX . SCALE so ft SHEET 7 Revised 5/13/2016 lt ~ lt CW6-4 R3-2 t'CMS· Phase I R3-2 Approx.10 ft spacing between devices Q) c :::i ..c u .... n:i ~ PCMS Phase II tttt NO LEFT TURN AT HOLLEMAN (PCMS to be installed by City of College Station forces) Page 43 of 506 I I I I ___ ._ ____ _ I I R3-2 lt CW6-4 LEGEND 320 Ft Approx. 10 ft spacing between devices e Vertica l Panel s (VP s) or 42in "Grabber" Co ne ..A. 4 2in "Gra bb er" Cone -Opposing Traffi c Lane Di viders (OTLDs) PCMS Portable Changeable Messa ge Sign s (P CMS) ..a. St ati c sign (on t emporary support) k'L./l Typ e Ill Portabl e Barricad e ..... ONLY C W G-4 R 3·2 6 5 5 3 13 13 2 Type Ill Barricade {2) ...: 0 c: ro E OJ 0 :r: Hollem an Dr. ., ~ 'iii' ., ow 00 Ill .-1 QJ ., ... c: QJ 0 c.. u ra c ..... .-1 - Cones@ 20 ft spacing {8 cones WB, 8 cones EB) ONLY R3 -5 ~ R3-2 lt CW6·4 -----+--- lt WELLBORN RD. At Holleman Dr. lt G APPROX. SCALE so ft SHEET 8 Revi sed 5/13/2016 Approx. 10 ft spacing between devices QJ c: :.:; ..t::. u .... ra ~ CW6-4 CW6-4 ~ R3-2 Typical Spacing between VPs and OTLDs Th e spacing between cones, tubular markers, vertical pan els, drum s, and barricades s hould not e xceed a dis tance in feet equal to 1 .0 times the speed limit in mph when used f or tap e r channelization, and a di s tance in feet equal to 2.0 times the s peed limit in mph when us ed for tangent channelization. ~~~~~~~~~- Page 44 of 506 ) Ill 11t CW6-4 Approx. 10 ft spacing between devices Rl-2 ~ ~ I I ~ J I CW6-d (PCMS to be installed by City of College Station forces) Typical Spacing between VPs and OTLDs x x RJ-2 = 500 ft A3·2 (W6-4 ____________ .,.. :'14-----~ ~ = 150ft Approx. 10 ft spacing between devices LEFl lN f\/l UST 'TLJ H f\J i /\l SV\/ Pl<WY (PCMS to be installed by City of College Station forces) "'''''''' ---e. OF r. \\\ -....... ~ ........ ~ ..... _ ,, -,r·.*· "·.'::"f.· • ; c;,,.···· ••• ... IS' 't ~·... ... .. , l * ! \ .~ ~TOMAs·e:'i:iNDHEiMER~ I I I I ~ I o.. I \ WELLBORN RD. At Southwest Prkwy Modification 2: See Sheet 23 200 Ft @ 20 ft Spacing (10 cones each direction ) ~ APPROX. SCALE soft SHEET 9 Revised 5/13/2016 I I I '\1-4~~~~~~~~~~· I ... = 200 ft ttt TO t·M l.818 I I . ' (PCMS to be installed by City of College Station forces} LEGEND DEVICE Vertical Panels (VPs) or 42 in "Grabber'' Cone 42in "Grabber" Cone -Opposing Traffic Lane Dividers (OTLDs) 46 The spacing between cones, tubular markers, vertical panels, drums, and barricades should not exceed a distance in feet equal to 1.0 times the speed limit in mph when used for taper channelization, and a distance in feet equal to 2.0 times the speed limit in mph when used for ~ .................................... ~ ~ l\ 136566 ftk: I fa/W '• o\ .:1'f! ..f ~.. ..~,,,,, ' •• ~··.~.~Cf.NS'i;,?.··r~~ ~ ~ t ( ,, &s ........ 'f:.~'"' - Portable Changeable Message Signs (PCMS) .a. Static sign (on temporary support) Type Ill Portable Barricade 22 10 3 4 \hf,?NAL ----i f 1 flo,, I ,,..,..,,, .... -,.. fonnnonfo rhnnnoli7nHnn jFor Modification 2 Only Page 45 of 506 • I Install cones@= 50 ft spacing (20 cones NB; 16 cones SB) ~~~~~ ~-f E. OF -,.., ~~I>-........ ~.J- (!P -_, •• *"• '"J'"~ I? ••• • •• -.. ..ft ... • 0 \r n o -• * 0 • * I.. .. :....... ~tr KEV tN .. N ......... H .... . ••••••••• . BALK E d •0•••••••••0••e•••Me o\1' 66529 /$ '~:·~G t n~O.• .:,.'ii '-'_n"•, S TEP,•0 :-;;-~.SI ········· .\<::>".!ff" ~OfVA L ~\'"J-" tl~~ !Ji?. /'tD U, = 200 Ft @ 20 ft Spacing (10 cones) • • • • ·~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~---i~--~~~~~~~~---1~ • PCMS Phase I II) ~ u a. PCMS Phase 11 (PCMS to be installed by City of College Station forces) Typical Spacing between VPs and OTLDs l~-X t X r X r X .. l The spacing between cones, tubular markers, vertical panels, drums, and barricades s hould not exceed a distance in feet equal to 1.0 times the s peed limit in mph when used for taper channelization, and a di s tance in feet equal to 2 . 0 times the s peed limit in mph when us ed for tangent channelization . • (PCMS) ..... ILL-:1 I I WELLBORN RD. North of FM 2818 APPROX. SCALE so ft SHEET 10 Revised 5/13/2016 ------------ \ . \ . ', . .......... _ • • • • • I • QI c ::; .s: v ... IU ~ --- LEGEND DEVICE Vertical Panels (VP s) or 42in "Grabber" Con es -------- QNTY - ----- 4 2in "Grabber" Co n e 52 Opposing Traffic Lane Dividers (OTLD s) - - Portable Change able Mess age Si gns (PCM S) 1 St atic sig n (on t emporary suppor t) - Typ e I Portabl e Ba r ri ca de - Page 46 of 506 ' ' ' ' ' = 100 Ft@ END OF TAPER / / I ) T~per = 540 Ft (16 cqnes @ = 49 ft spacing) / . BEGINNING OF TAPER 320 FT -------------. . " _._ -r --V ~ -.--, / / ----~ ~ ~.::.:: ~ ~ ~ .:= = = -----------r-T -v --~-~ , ----------------. --..--.---.. "' " WELLBORN RD. South of FM 2818 Q APPROX . SCALE soft SHEET 11 Revi sed 5/13/2016 :-------~~·~---=--:=-=-=-=-=-=~ -------------------------------------------------------- ' ' ' ' / Typical Spacing between VPs and OTLDs t x t x r x r -x-• The spacin g between cones, tubular markers, vertical panels, drums, and barricades s hould not exceed a di s tance in feet equal to 1.0 times the s pe ed limit in mph when us ed for taper channelization, and a dis tance in fe e t e qual to 2.0 times the s peed limit in mph when used for tange nt chann e lization . - {PCMSJ -..... ,:zzi LEGEND DEVICE QNTY Vert ica l Panels (VP s) or 42in "Grabber Co n es" - 4 2in "Grabber" Con e 22 - Opposing Traffic Lane Di vi d ers (OTLDs) - Po rtabl e Changeabl e M ess age Signs (PC M S) - St ati c sign (o n t e mpora ry support) 3 Ty pe I Portab le Ba r r ica d e - Page 47 of 506 Sea l is for Modification 1 Only: Modification 1 denoted in Red . __ ................. ,,, --""':~E. OF/~'\' ,,;' ;(,,,f'-··*··········· -t~ 'h ~ ~.... ···~?IS' •• r• ...-..._ .•, l * ! \ .~ if.••············ .. ············· .. ·· .. ·"' ~TOMAS E. LINDHEIM E R~ j! ····:······················ ......... ~ ~ '"1l\ 136566 .:a; 1 1,i.... ,.·;~,: • :;;('\ • ·~'VI ., (<'j:·~~CENS~?.··~ .,:' ,/ ,h ~ ''\ S1c)NA·L· ~~ ---re ~, \~,,,,,..---~I . 'tlZZ/.~?? C ITY OF Co1LEGE S TATION Home of Texas A&M University • Game Day Traffic Control George Bush Drive, Olson & Marion Pugh Legend/Supply Totals •.& 63xCones I 1 x Opposite Traffic Lane Dividers m 1 x Double Right Turn w/ Support ee 12 1 x No R ight Turn w/ support NOTE: Signs, barricades, and other traffic control devices shall be installed per the Texas Manual on Unifonn Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, If applicable. 333Page 48 of 506 / CITY OF COLLEGE STATION Home of Texas A&M University ® Game Day Traffic Control George Bush Drive And Penberthy Drive Legend/Supply Totals 0 36 x Grabber Cones • 29 x Cones 2 x No Left Turn Sign w/ Temporary Support c=:::J 13 x Type 3 Barricades Sheet 13 Note: Signs, barricades, and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicable. Page 49 of 506 ~ ROAO ~ CLOSEO CITY OF COLLEGE STATION Home of Texas A&M University® Game Day Traffic Control Luther Street & Penberthy Drive Legend /Supply Totals ll\U\\\\l 2 x Type Ill Barricades I ROAD I CLOSED 1 x Road Closed Sign w/ Temp. Support Sheet 14 :tE.OF~ ~~······· ' . * .. ,. ...... ···:\'~ ................. ~ .. ~ TROY A. ROTHER 2 ····················2 '1.\ 91978 :~;, .~,'Q ~"CE N S f-':e • ·~}f tii!' •. ~~ ••••••• f:>~ ..... '"~ C}:-111 ~'"' NOTE: Signs, barricades, and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicable. Page 50 of 506 CITY OF COLLEGE STATION Home of Texas A&M University ~ Game Day Traffic Control George Bush Drive And Barbara Bush Drive Legend/Supply Totals 0 36 x Grabber Cones • 8 x Cones 1 x No Left Turn Sign w/ Temporary Support 1 x Type 3 Barricade Sheet 15 Note: Signs, barricades, and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicable. Page 51 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23BEGIN TO STA 261+50(FM 60 & FM 2818)11,700' TOTAL12 CONES (THIS PAGE)@ 30' O.C.630'22 CONES @30' O.C.Page 52 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 261+50 TO STA 273+5021,700' TOTAL40 CONES (THIS PAGE)@ 30' O.C.Page 53 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 273+50 TO STA 283+503540' TAPER18 CONES @ 30 O.C.+ 4 CONES1,700' TOTAL4 CONES (THIS PAGE)@ 30 O.C.Page 54 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 283+50 TO STA 295+004520' TOTALPage 55 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 295+00 TO STA 370+00(GEORGE BUSH DR & FM 2818)5520' TOTAL14 CONES (THIS PAGE)@ 30' O.C.480'17 CONES@ 30' O.C.Page 56 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 307+00 TO STA 319+006Page 57 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 319+00 TO STA 330+007PLACE 3 ADDITIONALCONES PAST STOP BAR TODETER TRAFFIC FROMATTEMPTING LEFT TURN(3 CONES @ 10' O.C.)400' TOTAL9 CONES (THIS PAGE)@ 30' O.C.(+3 @ 10 O.C.)Page 58 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 330+00 TO STA 341+008THIS SECTION OF ROADHAS ALREADY BEEN CLOSEDIN PREVIOUS PHASEOF CONSTRUCTION(BY OTHERS)Page 59 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 341+00 TO STA 352+009THIS SECTION OF ROADHAS ALREADY BEEN CLOSEDIN PREVIOUS PHASEOF CONSTRUCTION(BY OTHERS)Page 60 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 352+00 TO STA 363+0010400' TOTALPage 61 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 363+00 TO STA 374+0011NO TRAFFIC CONTROLDEVICES ON THIS PAGEPage 62 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 374+00 TO STA 385+0012EXIT RAMP TO WELLBORN RD(FM 2347) CLOSED WITHFM 2818 CONSTRUCTIONNO TRAFFIC CONTROLDEVICES ON THIS PAGEPage 63 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23STA 385+00 TO END(WELLBORN RD & FM 2818)13690'24 CONES@ 30' O.C.Page 64 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23FM 2818 & WAXWING DR@ HEB ENTRANCE145 CONES @ 10' O.C.Page 65 of 506 ITY OFCCOLLEGESTATIONHomeofTexasA&MUniversityRGAME DAY TRAFFIC CONTROLPROJECT NO.SHEET NO.RANDELL J. SMITHfor permit, bidding or constructionDocument Incomplete: Not IntendedINTERIM REVIEW ONLYDate:P.E. Reg. No.Engineer:1103177/25/23TEXAS AVE& FM 281815200'11 CONES @ 20' O.C.Page 66 of 506 Texas Ave. c: 0 v I'll QI 0 R3·2 \ ' --\------'"~ ' 8 Cones@ 50 ft spacin • -- - (PCMS) ..a. v 11 TEXAS AVE. At Deacon Q APPROX. SCALE 50 ft SHEET 21 Revised 6/22/2015 LEGEND DEVICE QNTY Vertical Panels (VPs) - 42in "Grabber" Cone 8 - Opposing Traffic Lane Dividers (OTLDs) - Portable Changeable Message Sign s (PCMS) - Static sign (on temporary support) 2 Type Ill Portable Barricade - Page 67 of 506 (PC s to be i nstaR ·ed bV Ci .\I of Co 11~e Station tGrces) . ' II USE TWO LANES AT WELLBORN 160 ft Taper ---.---- 2 rows(8 cones @ 20 ft spacing) 38 Cones(2 rows -------~--=7~/ of 16)@ 25 ft Spacing ® Bus -+----~- Lane Only _ .... ,~ ~ ,, ---E. OF r. ''\ -Ah.." •"'""'••~~ ,, --,r,.* .. , t ;' G.:> ... •• •• .. ~ • , * .. · .•• , ~ : ~ I t•: ~·1 ~ ..................................... ~ poMAS E. LINOHEIMER~ ~ .................................... -, ~ l\ 1365i6 !~ ! '• 0". • .. !ii~ •• :;('..t\-..~/CENS~O/~ -'\''.Ss"· ....... ··~G --·7/ 1 / z,ciZ. I \\\ IONA.L ~~~ ,,,..,,.:00.. .... ~e~ Legend/Supply Totals: e 65 x Cones ~ 1 x No Right Turn(r3-1} 1 x Bus Lane Only 1 x PCMS Sheet 22 Prepared by Tomas Lindheimer, PE Traffic Engineer I City of College Station License No. 136566 CITY oF Coll.EGE STATION Home ofTtJt111 Ad-M U"'vmily" 1111£: Texas A&M Football Post Game Traffic Control Plan a.-llr.Mlchael Holmes 6/15/21 -Signs,barr!cades, and olher traffic control devices shall be Installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets,lf applicable. Page 68 of 506 I • J ... ..... QI a. "' I- c 0 t:lO • c ! ·o "' a. • Vl +-' 0 0 • LL 0 ~ N • CITY OF COLLEGE STATION Home of Texas A&M Universitya. Game Day Traffic Control Southwest Parkway and Wellborn Road Legend/Supply Totals o 24 x 42" Grabber Cones l~1t:l 2 x Left and Right Tum Only w/ Temp. Support 1 x Lane Closed Ahead(CW9-l) w/Temp . Support Sheet 23 ---:.~E. eF J"~ :,;;..~.·····~-1. • ; -.J.· •.. • :'*..... \.••, '*: ~·~ i-r·o~•s·e·:LiN°0Hei.MeRi ~····:········ .. ·················;····I ~ .. l~. 13i566 ... :/ J .\ ... ~··.~ICfNS~~ .. ·().~,,: ·:. ,,~sioNAL°E.'!.-: ,. J L.4 ''"'"""'_... 7~ ~;"' 7/t (ai2 I Note: Signs, barricades, and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicable. Page 69 of 506 12' .[ +f. \ I I I \ / i=r l l"il"Wt l r. nxrrtt":l ti<:;t.;t< tv tJ;),;J; J\01·fu:-le, filff'll'.'1 lV t}r lvnrtl~ &Jt.¢ f<.'<:11 J:,,:t l6>!•J, n~· "'"'i t,,._ re-<..nn,;i I, Cro,".Ji;.it1\i fr·i;lri.;_ l(l"'t0 tl;'llCll<,; lOll'.H cn1 t»li,"Wrrtlot< Ci\l'~'.t~r. OOl'i!Qrt1i: to (>Ylv,.,,,.t I) riffull onf!-•o·, t(~:);1.-oy !11'.!i:t1r.<, to:. t~-•o.y (~{)f!fy"'!. on1J':i; <V'!'.' 01ftt>J! IY-ti:~'"Q!i")' \'.'f<"rt-f!!1 I l·~~11. ft(! <.l.?'•{1n1 IY•'1 d("1'"JY:Yit rwn;.,-;; (O +-w ~li;i·r:i; flf.-A" !rh!1i;c,-tri tt,.-i, dk~":;tlo00 i>f tr·,1rfk ,,.,. i!ltf~i' 1>1tl.i i;-f th;; 1.:F>"Jt>f:t,--, F·ll 171~ ls tt>!'e1,f i;:(j to -ff•~ JXN~r+ .,-,tti o.·1 tyJ'">i:>f>iv~ 01· ntVi'< W-liflt h> o·-n:ritr;;! iltl'<~r-t 1,.'Y.J,J"""J "''I c ""''·,:eli!i' \1i114l>t u· .. r,.d tl-"•t. i. n-~ crn..n rre;-'J t;~ 1;~,;-1 h cmt<r.·¢'.Ci"I ~t11~ 4i 1 r~l'iO--""V..,:i. l. S-i::-.:Y.:-irt::J ~rnt11<11H1 tu: ma i:t-...::1 I r~"-'1 ~•{';llll'1 !,c;c i0.1'1, ~('11 u:.<c~ fY ''?11 rdcc.tn t,vt~.1 tN-murm ;;ri:;•JI·' ffrt 11x~111i1; !Oo) r0n r.r.f".r.lr'f.. JI. n~ OlLO &t·d I t~ t:Y-;)'!>J!,< 111ltf•. 0 t•l1)::;'°' -···<rt- teflt'~'ilvti lt!Q:f'i<!~ y,~~tln,; fr:~. -ft11! OTLD ~'VII t.e r-et··1Y'eflect'.•'!' l)'P!:! f!n.t..'t' T,~ Cnt:C"-f<.-'t1i"n1J to )~_;p,p hm·-tvl WJtt-• iul S,.:«1 r'..:<rii·:.i··1 Dll'S-a!i;(, t..•1 lei;~ m.;tec t.>tl '-'!T., l o:;e, Tt·J.l I 11·~-IJ ~/;u 11 n:et tt~ •t<l.f~lrl.'n:.r;t~ o~ CWS-tl3C('. OPPOSING TRAFFIC LANE DIVlDERS IOTLD> FIXED POHTABLE 1 '.Hi" ''.i!!lf'-r'.{tftln1;1 'J-q;~-i;-ft 12' M1Jii11V1 1trt~)•1(<'~ t l'lt!fri"''I I • -···-li<old . <,;'.W-Yi DRIVEABLE ve,,,iii:.ul ri:1·l!!li.. l'l'i>'~i (;ti: /'•'.f"f.,.Jll'J 1:oU:0 h• ..:n:;.·1'1tolii~ tr-aft1(] c,.. ci'if& ~"lf,\i"-q 1cr~; ,;_,f 1"ni'flr.. f, w· 111rq l:c u!>e<-'J h cc1tirr. o-nt:.t1tt1ore !.:fv'.rt1,rrn. 1r,.,y ,Tu::,, W Ll~1 ot tr'e ff<:Ji)!; o• &!vJvh:..;r .Yi.:>?""i;rfs u--0 atimr cn:o~ ~'l ai> lrn"1! tra'l~111!w:; ~"l':-n: pa:-.11f'ln '-'-O:tfllll:! c-t..-J riil)"rttht:! Go:! ;,'*':rtit.Vl Is fl:QJ~fecJ, lne [~lr.-11>rt[r..~1:v· ~t'c,)J r~f¥ 1,1 tr,., fic.:.ot.17 Uct-117. Vlfi..-GI .lV,.otnd'.~: fl "TreutTI::ni v-! Peveler-+ O<-o~-:;Ha !r •o-~k l!Jir-..,~· f;J, .. 1:t<Mlficf'·•JI QJf<Wlkni; en tti¥ ,1r,11 nr VlJ'5 lcr &oo~:.its. }, t'f'· ~ &f'i:.'ll.lliJ t;;t. 1~0,.µTfed t;Q;k. +.:.i b~n;~, it '-<!-'!<J at tr1e t<i:.,;e af r.1..t:; r.-OJ-X:$>;1' to t.c:--~·.-:;-,· 1-.."l ll'rll 1·ce.,,~"I)'<>, Sttir,l'!l WI!: tn te r¢~le..--tlv!:l Cf0"¢ >:n1 ri.!fl~ct'o-e v1Jte Ci\iJ f<'i-&.;!1:, Ol"':l'~ !.ll.l{lil l'IJ'lll'-'il'(Y'j t\l'•m-'C tr-""1 tr'il>'"'I llY'>ll-. C. \'?' r. 1.s:eo on >?if{VC!Hl'•t:'JS crd fr<e1!'111t:-ya c< ot1~r Milfl i>~C r c~y~, ·fNJ'J !--v.e M.r <e tn<..r1 l :c i>Ql."7 0: I x.'11t~ ,'.l( r~tr(f'IJ'fl11'>~"1i'fn C-:r'P<'.I f.:x.~11;i t,-cffit. 'j,, S-elt-rl<;-r.tfr'(! ~.1;_;,7yf1?1 en:-th'-Cl: lxil11 -.ltf; P'Y-iil':lle b<::-1-e. S-&& "(Of(_,! '.q)-f iltJtk ltx~ frQHl11 C1:£cfrrA C~··i<:~t> ll~t· IC'fl/l[GI. ;£,, Ynn:!th•\i fo.e ttw ~·?·!l ioh;;ll tx: titfn,..,ufle-c+c,~ ly~ A </.Ylf(--f'Tlir~ 10 ~D<Ytfffe',t'l:ol Ucrt\\'.'-~ ic-1 <;p11ct;; f ~>:".i1f ff>'°' M-d!•)'.:i, U"lll-tt 1~:J oft.,c-r•l~'"· t, 1t1t,.<t!l tr~ 1·,,,..;.;rrt oi rl!fll!.:t;~ ih.1-ferhll N\ trti.' v;:;.··th!el '1"''-l'l\'JI Lt !JS !~'>e!l u oi--c.,~. n pcnn itr·'pa ::ir €. !'1t:h•! ~h':ll I ':>t! 'Jl!toC~ VERTICAL PANELS CVPsl Standard Sheets SHEET 23 Revised 6/22/2015 CONES I?. ""'-T 3. ··~." '.'" tr'l ii" 1' mf·1. Two-Piece cones Referred to as 11Grabber Cone" in this plan set One-Piece cones Referred to as "Cone" in this plan set 28" Cones shol I nove o minin.111 wer9r1t or 9 112 lbs • 42' 2-piece ccnes &f'·al I hcve o ni<Jinun wei~ht 50 I bs. inc I uu i ng bcse. I, f! offi.;,; crx·1e:& t11d i;,;bul<:f n1ark.t;-¢'5 !?-!'i:.:d I tie i~-t"Cd;;tti~ntx"ctl 'f nrtw"':lJCt <ll'H1 -re<;t he tleight arid •ei~ht reouiremerh sho.,.,. o:'!Yve. Tuoulor Marker ? , 0:'i¢;l-p i (!Geo <:t:'l-fll~!ll huv:<1 th<J f:>:>::Y)' (1ft(J t;·::;Jr;•_:i <rf tt·'(!-t<?'lf'..'! fl~) I dn-t.J in one co<HJO I t ;:k;te:J u"'dt. T-o~p.Je-ce CO"'::es r--0·,,e c ccl'ie shops·{! b-t,,,~-y Y:d a aep~atce rutter b<l'S.S; or brJI IMt, t1mt ;,, arJ<l!!d fo h<Nl!J t1·.., d&vlcB upr i1J11t ono in oloc<i. .1. fN¢-piece cones F'.O~ t1ove o F",1.JNdle O"' I Xi) extend I no L'}J to B11 ob:Ji,ie tt·.e rrdr<ff¥Ja height shol«l 1 ic'-orc.;11· to oi<l tr, rc~iev-in9 the ;,,;evL:::lft. •1. (tt''~E. >::•' t..,tudt::n-" fi'kft''kfr.--h u&-0tl Dt nl-:;;nt st1f1l I nai,ie ~.r,Jtr: ~:r flf"11te 'ind crn'"i;Je re-f lec~t1\'I? CiJnds os :sh.nn 1Jbc-'i:c~. fti:e r;z-t le-ct iv-e bo:·;!,j.,s t;.t-iel I rio·tl'e o sm:rotr 1 E:Jf!(l! et LJ....rhi?,-!it...r fc»:';e <x>1J Jllet~t the (tHtuir't'.!rmrt$ of !);P.gnr-tffi':--"ttr.11 ;,t:;ttt-''iol StJ-Ft::i ~iC(cft1'x\ 0\IS-85:>0 T·1oe A, ~. ?fl• 001"'es <:fld tL.bul,:;r mcrkera o-·~ oaner-nl ly sultct.ll~ for srt!)"·t CJ..n<~a+ioo Cf"d ::,:r-o.~'!"'t~ttrm .sitrtionur'y ·iJK:.rk O'S dt:f n{l·C 0··1 0CC4~. Tflt-tiQ ttf'cUIU: not be-ti'.SIZ'{i fnr :~rme,;:;:Zote-t-er·Jf) if lor~-ter"!i<!: s.tatitH'!Oi"y •D~~k J~dess pe-~·so-n,"<el is O;"'JwS~,+e to !TQ;.~+oiri tf1001 L·1 ihe-lr pro~?' UiJ"' iQht pos-it;Ct'\. €., ~2'' t..-~p11Jct? cones, Y-e-rticc,I p-onele or drums o,.e &;..iltoc-le for ol I ~7~. zcne ij;j>"<Jtl<:f":S, 7, Cr:x~cs ,;;r t'i,_JJultir r1'K:'rker5 U!U.'d DC', etR-;:h j)f"OjN::i :st·cufd be q~ f"rc i;{'ff(' ~flzr: 0··1v :shnpe. Page 70 of 506 BARRICADE AND CONSTRUCTION CBC> STANDARD SHEETS GENERAL NOTES: 1. The Barricade and Construction Standard Sheets (BC sheets> ore intended to show typical examples for placement of temporary traffic control devices, construction pavement markings, and typical work zone signs. The information contained in these sheets meet or exceed the requirements shown in the "Texas Manual on Uniform Traffic Control Devices" (TMUTCD>. 2. The development and design of the Traffic Control Pion <TCP> is the responsibi I ity of the Engineer. 3. The Contractor may propose changes to the TCP that ore signed and sealed by a I icensed professional engineer for approval. The Engineer may develop, sign and seal Contractor proposed changes. 4. The Contractor is responsible for instol I ing and maintaining the traffic control" devices as shown in the plans. The Contractor may not move or change the approximate location of any device without the approval of the Engineer. 5. Geometric design of tone shifts and detours should, when possible, meet the applicable design criteria contained in manuals such as the American Association of State Highway and Transportation Officials (AASHTO>, "A Policy on Geometric Design of Highways and Streets", the TxDOT "Roadway Design Manuo I " or engineering judgment. 6, When projects abut, the Engineer<sl may omit the END ROAD WORK, TRAFFIC FINES DOUBLE, and other advance warning signs if the signing would be redundant and the work areas appear continuous to the motorists. If the adjacent project is completed first, the Contractor shal I erect the necessary warning signs as shown on these sheets, the TCP sheets or as directed by the Engineer. The BEGIN ROAD WORK NEXT X MILES sign shot I be revised to show appropriate work zone distance. 7. The Engineer may require duplicate warning signs on the median side of divided highways where median width wi I l permit and traffic volumes justify the signing. 8. Al I signs shal I be constructed in accordance with the details found in the "Standard Highway Sign Designs for Texas," latest edition. Sign details not shown in this manual shal I be shown in the plans or the Engineer shal 1 provide a detail to the Contractor before the sign is manufactured. 9. The temporary traffic control devices shown in the i I lustrotions of the BC sheets ore examples. As necessary, the Engineer wi I I determine the most appropriate traffic control devices to be used. 10. As shown on BCl2>, the OBEY WARNING SIGNS STATE LAW sign and the WORK ZONE TRAFFIC FINES DOUBLE sign with plaque shot I be erected in advance of the CSJ limits. However, the TRAFFIC FINES DOUBLE sign will not be required on projects consisting solely of mobile operation work, such as striping or mil I ing edgeline rumble strips. The BEGIN ROAD WORK NEXT X MILES, CONTRACTOR and END ROAD WORK signs shot I be erected at or near the CSJ I imi ts. 11. Except for devices required by Note 10, traffic control devices should be in place only while work is actually in progress or a definite need exists. 12. The Engineer has the final decision on the location of al I traffic control devices. 13. Inactive equipment and work vehicles, including workers' private vehicles must be parked away from travel lanes. They should be as close to the right-of-way line as possible, or located behind a barrier or guardrail, or as approved by the Engineer. WORKER SAFETY APPAREL NOTES: I. Workers on foot who ore exposed to traffic or to construction equipment within the right-of-way shal I wear high-visibility safety apparel meeting the requirements of ISEA "American National Standard for-High-Visibility Apparel" labeled as ANSI 107-2004 standard performance for Closs 2 or 3 risk exposure. Closs 3 garments should be considered for high traffic volume work areas or night time work. Only pre-quo I ified products shol I be used. The "Comp I iont Work Zone Traffic Control Devices List" CCWZTCD> describes pre-qualified products and their sources and may be found on-I ine at the web address given below or by contacting: Texas Department of Transportation Traffic Operations Division -TE Phone (512) 416-3118 THE DOCUMENTS BELOW CAN BE FOUND ON-LINE AT http://www.txdot.gov COMPLIANT WORK ZONE TRAFFIC CONTROL DEVICES LIST (CWZTCD> DEPARTMENTAL MATERIAL SPECIFICATIONS CDMS> MATERIAL PRODUCER LIST CMPL) ROADWAY DESIGN MANUAL -SEE "MANUALS <ONLINE MANUALS>" STANDARD HIGHWAY SIGN DESIGNS FOR TEXAS CSHSDl TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES CTMUTCDl TRAFFIC ENGINEERING STANDARD SHEETS SHEET 1 or 12 ~.. Traffic ~ Operat/011s I Texas Department of Transportation ft::/i~~~d ---=-·· ....... ------~------' BARRICADE AND CONSTRUCTION GENERAL NOTES AND REQUIREMENTS BC<l>-13 Fil[, bc-13.dgr DIJ\ Tx[l01 \cKd;o~,., TxD01 \ndxOOT ©Tx!JOT Uoverrber 2002 ---!-'=°'"-"+':::"CJ'i _ _c'=°":__ ___ l-1---""'o'"::c"::_' --1 REVIS!OllS I 4-0l 5-10 9-07 7-ll DIST COUNTY 1 SHEET llO. -- Page 71 of 506 GZ0-2 TYPICAL LOCATION OF CROSSROAD SIGNS END ROAD WORK IOptionol see Note 1 ond 4> ROAD WORK ¢NEXT X t.llLES NEXT X MILES cl> G20-10T ~~~-CJR=OS=S=RO=A=D=='===~!:::==::::::==:::::':~ x ROAD WORK AHEAD CW20·1D ROAD WORK <? NEXT X MILES NEXT X MILES c:> G20-10T <Optional see Note I and 41 ~\ END ROAD WORK A Moy be mounted on bock of "ROAO WORK AHEAO"ICW20-IOI sign with approval of engineel'". ~!See note 2 belowl 1. The 1ypicol minilTUll signing on o crossroad approach should be o "ROAD WORK AHEAD" !CW20-1Dlsign ond o IG20-2> "END ROAD WORK" sign, unless noted otherwise in plons. 2. The Engineer moy use the reduced size 36" x 36" ROAO WORK AHEAO !CW20~10l sign mounted bock to bock with the reduced size 36" x 18" "ENO ROAD WORK"IG20-21 sign on low voluoo crossroads !see Note 4 under "Typical Construction Warning Sign Size ond Spocim;i"I, See the "Standard Highway Sign Oesigns for Texas" manual for sign detoi Is. The Engineer may omit the advance wol'"ning signs on low voluoo crossroads. The Engineer wi 11 determine whether o rood is low volune. This info!'"motion shol I be shown in the plans. 3, Based on existing field conditions, the Engineer/Inspector moy requil'"e odditionot signs such as FLAGGER AHEAD, LOOSE GRAVEL, or other oppropriote signs. When additional signs ore requil'"ed, these signs wi 11 be considered port of the mininun requirements. The Engineel'"/lnspectol'" wi 11 determine the proper location and spacing of any sign not shown on the BC sheets, Tl'"affic Control Pion sheets or the Wol'"k Zone Stondol'"d Sheets. 4. The "ROAD WORK NEXT X MILES"!G20-1oTlsign shall be required ot high voll.llle crossroads to advise motorists of the length of constl'"uction in either direction from the intel'"section. The Engineel'" wi 11 determine whether o !'"Oodwoy is considered hi9h volune. 5. Additional traffic control devices may be shown elsewhere in the plans for highel'" voll.llle Cl'"OSSl'"oods. 6. When work. occul'"S in the intel'"section Ol'"eo, appropriate traffic control devices, as shOwn elsewhere in the plans or as determined by the Engineel'"/lnspectol'", shol I be in place. WORK AREAS IN UULTIPLE LOCATIONS WITHIN CSJ LIUITS ROAD WORK AHEAD CW20·1D WORK AREA ROAD WORK AHEAD CW20-10 ~HR ~CW13-IP • * * G20-5T * * G20-6T Type 3 Barricade or chonnel izino devices WORK SPACE T-INTERSECTION ROAD WORK NEXT X MILES G> GZO-lbTR ROAD WORK GZO-lbTL <?NEXT X MILES • INTERSECTED I Block -City ¢ 1000'·1500' -Hwy x ~~~-R_o_•_Dw_'_'~~i.!:~:::'::::::!:..!!=1=0=00=·=-=1s=o=o=·~-=Hwy::::::l .. ~c;>--,--*,.-1~•-1o_c_•_-~c·_,,_,~~-',--~~~~~ G20·5oP WORK ZONE BEGIN TRAFF IC R20·5T FINES DOUBLE ROAD WORK NEXT X MILES ""' """'" G20-5T R20·5oTP "' _-:,w_, G20-6T CITY SUI( COliTAAtTOO 11 CSJ LIUITS AT T-INTERSECTION 80' min, CSJ Limit G20·5oP R20-5T WORK ZONE lRAfflC FINES DOUBLE R20·5oTP '"'~' END ROAD WORK G20-2 I. The Engineer will determine the types and location of any additional traffic control devices, such as o flogger and accompanying signs, OI'" other signs, that should be used when work is being performed at or near on intersection. 2. If construction closes the road at o T-intersection the Contractor shall place the "CONTRACTOR NAME"IG20-6Tl sign behind the Type 3 Bol'"ricodes fol'" the l'"OOd closure !see BCl10l olsol, The "ROAD WORK NEXT X MILES" left arrowlG20-lbTLl and "ROAD WORK NEXT X MILES" l'"ight arrow !G20-lbTRl" signs shall be replaced by the detour signing called for in the plans. SAUPLE LAYOUT OF SIGNING FOR WORK BEGINNING AT THE CSJ LIUITS BEGIN ROAD WORK NIXT X MILES .... AOORESS Clll SUI( COlllRlCIOA ~ IBJ ~l-4L ~CWl3-IP x • 0 0 0 0 R4·1 (OS oppropriotel x • Beginning of NO-PASSING SPEED LIMIT xx x ®BEGIN G20-9TP* * WORK ZONE T~~ic R20-5T* * DOUBLE .. ~ R20-SoTP* * ® ~/. x OBEY WARNING SIGNS STATE LAW R20-3T * * • TYPICAL CONSTRUCTION WARNING SIGN SIZE AND SPACING 1,5,6 SIZE SPACING Posted Sign "' Speed Spacing "X" Sign Conventional Expressway/ Number Rood Freeway or Series MPH Feet <Apprx. l 30 120 cw20• CW21 CW22 48" x 48" 48" x 48" CW23 35 160 CW25 40 240 45 320 50 400 55 soo2 CWl, CW2, CW7, CWS, 36" x 36" 48" x 48" CW9, CWl 1, CW14 60 6002 65 700 2 70 800 2 CW3, CW4, cws, CWG, 48" x 48" 48" x 48" CWB-3, 75 900 2 CWIO, CW12 80 1000 2 * * 3 * For typicol sign spacings on divided hiQhwoys, expressways and freeways, see Port 6 of the "Texas Monuol on Uni form Traffic Control Oevices" CTMUTCDl typical oppl icotion diagrams or TCP Standard Sheets. /J. Minif!Ull distance from work oreo to first Advance Warning sign nearest the work oreo ond/or distance between each additional sign. GENERAL NOTES 1. Special or larger size signs moy be used os necessary. 2. Distance between signs should be increased as required to hove 1500 feef advance warning. 3. Distance between signs should be increosed as required to hove 1/2 mi le or more advance worn i ng. 4. 36" x 36" "ROAD WORK AHEAD" ICW20-1Dlsigns moy be used on low volune crossroads at the discretion of the Engineer. See Note 2 under ~Typical Location of Crossroad sions·. 5. Only dicmond shaped wol'"ning sign sizes Ol'"e indicated. 6. See sign size I isting in "TMUTCO", Sign Appendix or the 0 Stondord HiQhwoy Sign Designs fol'" Texas· manual for COOl)lete I ist of oval lob le sign design sizes, LEGEND ,______, Type 3 Barricade 000 Channelizing Devices ..... Sign 3X CSJ Limit I>~ I ine should coordinate with sign location G20-2bT* * ~ ~~-----~-------< See Typical Construction When extended distances occur between minimal work spaces, the Engineer/lnspectol'" should ensu!'"e additional ~ "ROAD WORK AHEAD"lCW20-1D)signs ore placed in advance of these wol'"k al'"eos to remind drivers they ore sti 11 G20-2 ** within the project limits, See the applicable TCP sheets for exact location and spacing of signs and channel izino devices. SAMPLE LAYOUT OF SIGNING FOR WORK BEGINNING DOWNSTREAU OF THE CSJ LIUITS ROAD CLOSED Rll-2 l<:=lcw1-• t WORK Type 3 Borr i code or chomet izino devices ~ IBJ ~HL l~p~I CW13-IP ROAD WORK AHEAD CW20-ID x BEGIN * * G20-5T ROAD WORK NEXT X MILES .... ADDRESS Cllf G20-6T St&lt CW20-IE ** COHlRACIOA """ 'i! I • -+ - * *G20-5oP SPEED LIMIT xx * *R20-SOTP ** R2·1 x CSJ Limit WORK ZONE lRAfFIC FINES DOUBLE • x OBEY WARNING SIGNS STATE LAW R20·3T * * ® NOTES The Contractor shol I determine the appropriate distance to be placed on the G20-1 series signs and "BEGIN ROAD WORK NEXT X MILES" (G20-5Tlsi9n fol'" each specific project. This distance shol l replace the "X" and shol I be rounded to the nearest whole mile with the Qppl'"ovol of the Engineel'". No decimals shal I be used. The "BEGIN WORK ZONE" IG20-9TPl and "END WORK ZONE" IG20-2bT> shol I be used os shown on the sanple layout when advance signs ore required outside the CSJ Limits. They inform the motorist of entering or leaving a port of the work zone lying outside the CSJ Limits whel'"e traffic fines moy double if workers ore present. **Required CSJ Limit signing. See Note 10 on BC11l, TRAFFIC FINES DOUBLE signs wi 11 not be required on projects consisting solely of mobl re operations work. Area for placement of "ROAD WORK AHEAD" ICW20-1Dl sign and other signs or devices as called for on the Traffic Control P Ion. x Warning Sign Size ond Spacing chart or the TMUTCD for sign spacing requirements, SHEET 2 OF 12 ~· I Texas Department of Transportation Traffic Operations Division Standard BARRICADE AND CONSTRUCTION PROJECT LIMIT BC<2>-13 r1u, bc-13.dgn 011: TxD01 n: TxDOT ow: TxOOT CK' TxDOT iQ TxDOT Novenber 2002 com SHT .. •• SPACE @Contractor wi I 1 instol I a re9utotory speed 1 imit sign at ~ ~ the end of the work zone. 9-07 ~~1... ............ ~ ........................ ~ ............................................ ~ ................................................ ..;;:;.;.,;:.;;..;;.. ........................................................................................ ..:;;;;:..:;;;;;;;;;:..L ........................................................................................................................... '-~1~3 ............................ ..J. .... ..!. ........................ ..J ............ .J R£VlSJOUS DIST COU!ITY Page 72 of 506 12' min. $ i ~ ~ ~ o· -•· 1 0 L ~ ... // Paved shoulder TYPICAL MINIMUM CLEARANCES FOR LONG TERM AND INTERMEDIATE TERM SIGNS min. ""'" ~ 6' or ~ greater Paved shoulder •• min. 1.0· IT TI r· _j min, """ 6.0' *When placing skid supports on unlevel Qround, the leg post lengths ITl.ISt be adjusted so the sign appears straight and plurrb, Objects shol I NOT be placed under skids os o means of level ino. * * When plaques ore ploced on dual· leg supports, they should be attached to the upright nearest the travel lone. Supplemental plaques Codvisory or distance) shOuld not cover the surface of the parent sign. 1 Support shol I not protrude obove sign Support shol I not protrude above sign Sign supports shol I extend more thon 1 /2 WOY up the bock of the sign substrate. FRONT ELEVATION Wood, me to I or Fiber Re'1nforced Plastic ATTACHMENT FOR SIGN SUPPORTS \ OR Attachment to wooden supports will be by bolts and nuts or screws. Use TxOOT's or manufacturer's recorrmended procedures for attaching sign substrates to other types of sign supports Noi Is ShOl I NOT be al lowed, Each sign shol I be attached directly to the sign support. Multiple signs shol I not be joined or spliced by Splicing errbedded perforated square metal tubing in order to extend post height wi 11 only be al lowed when the splice is mode using four bolts, two above ond two below the spice point, Splice rrust be located entirely behind the sign substrate, not neor the bose of the support. Splice insert lengths SIDE ELEVATION Wood any means. Wood supports shall not be extended or repaired by splicing or other means. should be at leost 5 times nominal post size, centered on the splice ond of ot least the scrne gouge material. STOP/SLOW PADDLES \, STOP/SLOW poddles ore the primary method to control traffic by floqgers. The STOP/SLOW paddle size should be 24" x 24" as detoi led below, 2. When used at night, the STOP/SLOW paddle shol I be retroref I actor i zed. 3, STOP/SLOW paddles may be oftoched to o staff with o minirrun length of 6' to the bottom of the sign, 4. Any I ights incorporated into the STOP or SLOW poddle faces shol I only be os specificol ly described in Section 6E.03 Hond Signal irn;i Devices in the TMUTCD. I 9" 1.~.' 'f ~~@~ 8"C 24" _i 1 R•2"1 %" !,. I• 24" •I 24" 'f 8"B _i 3" .! Vs" •I CONTRACTOR REQUIREMENTS FOR MAINTAINING PERMANENT SIGNS WITHIN THE PROJECT LIMITS 1. Permanent signs ore used to give notice of traffic lows or regulotions, col I attention to conditions thot ore potentiol ly hozordous to traffic operotions, show route designations, destinations, directions, distonces, services, points of interest, ond other geogrophicol, recreotionol, or cultural information. Drivers proceedin9 through o work zone need the scrne, if not better route guidance os normol ly installed on o roadway without construction, 2. When permanent regulatory or warning signs conflict with work zone conditions, remove or cover the permanent signs unti I the permonent sign message matches the roadway condition. 3. When existing permanent signs ore moved ond relocated due to construction purposes, they shol I be visible to motorists ot al I times. 4, if existing signs ore to be relocated on their original supports, they shol I be instol led on croshworthy bases as shown on the SMD Standard sheets. The si9ns shol I meet the reQuired mounting heights shown on the BC Sheets or the SMD Stondords, This work should be poid for under the appropriate pay item for relocating existing signs. 5. Jf permanent signs ore to be removed and relocated using temporary supports, the Contractor shol l use croshworthy supports as shown on the BC sheets or the CWZTCD. The signs shol I meet the reQulred mounting heights shown on the BC Sheets or the SMD Standards during construction. This work should be poid for under the appropriate poy item for relocating existino SiQns. 6. Any si9n or traffic control device thot is struck. or dcmoQed by the Contractor or his/her construction equiixnent shol 1 be replaced os soon os possible by the contractor to ensure proper QUidonce for the motorists. This will be subsidiary min. CENERAL NOTES FOR WORK ZONE SICNS 1. Contractor shol I install ond mointoin signs in a straight ond pll.ll'b condition and/or as directed by the Engineer. 2. Wooden sign posts Shor f be pointed white. 3, Barricades shall NOT be used os si9n supports. 4, Al I signs shol I be instol led in accordance with the plans or os directed by the Engineer. Signs shol I be used to regulote, worn, and guide the trove! ing pub I ic safely throu9h the work zone. 5. The Contractor may furnish either the sign design shown in the plons or in the "Standard Highway Sign Designs for Texas" ISHSDJ, The Engineer/Inspector may require the Contractor to furnish other work. zone signs that ore shown in the TMUTCD but may hove been omitted from the plans. Any variation in the plans shol I be docl1!1ented by written ol}'"eement between the Engineer ond the Contractor's Responsible Person. Al 1 chonoes rrust be docunented in writing before being implemented. This con include doclfllentin9 the changes in the Inspector's TxDOT diary ond having both the Inspector ond contractor initial and dote the 09reed upon Changes, 6. The Contractor Sholl furnish sign supports listed in the ~c~riont Work Zone Traffic Control Device Listw (CWZTCDI. The Contractor shol l instol I the sign support in occordoru::e with the monufocturer's recoomendotions. If there is o QUestion regarding instor rot ion procedures, the Contractor shol I furnish the Engineer o copy of the manufacturer's instol lotion reconmendotions so the Engineer con verify the correct procedures ore beino fol lowed. 7. The Contractor is responsible for instol I ing signs on approved supports and replacing signs with donoged or crocked substrates ond/or damaged or marred reflective sheeting as directed by the Engineer/Inspector, 8. Identification morkin9s may be shown only on the bock of the siQn substrate. The moxi11UT1 height of letters and/or company logos used for identification shol I be I inch, 9, The Contractor shol I replace dOO'IOged wood posts. New or domoged wood sign posts shol I not be spliced • DURATION OF WQRK cqs 91ttna2 by tna ·rexa& Uc!"!uat on uniform Tr"Qffic Contr"el Qtytcer.• Port §1 1. The types of sign supports, sign mounting height, the size of signs, ond the type of sign substrates con vary based on the type of work. being performed. The Engineer is responsible for selecting the appropriate size sign for the type of work being performed. The Contractor is responsible for ensurint;i the sign support, sign roounting heit;iht ond substrate meets manufacturer's recoomendotions in regord to croshworthiness and duration of work reQuirements. a. Long-term stationary -work thot occupies o locotion more thon 3 days. b. Intermediate-term stotionory -work thot occupies a location mre than one daylight period up to 3 doys, or nighttime work lasting more than one hour. c. Short-term stotionory -daytime work that occupies a location for more thon I hour in a single doyl i9ht period, d. Short, duration -work that occupies o location up to I hour. e. Mobile -work that ooves continuously or intermittently !stopping for up to opproximotely 15 minutes.> S!CN MOUNT!NC HE!CHT 1, The bottom of Lon9-fermllntermediote-term si9ns shor 1 be ot least 7 feet, but not more than 9 feet, above the paved surface, except as shown for supplemental plaques mounted below other signs. 2. The bottom of Short-term/Short Duration signs shol I be o minirrun of I foot obove the pavement surface but no more thon 2 feet above the ground. 3. Long-term/Intermediate-term Signs may be used in lieu of Short-term/Short Duration signing, 4. Short-term/ShOrt Duration signs Sholl be used only during daylight and sholl be removed ot the end of the workday or raised to appropriate Long-term!Jntermediote sign height. 5. Regulatory signs shol I be mounted at leost 7 feet, but not more than 9 feet, above the paved surface regardless of work duration, SIZE OF S!CNS 1. The Contractor shol I furnish the si9n sizes shown on BC 121 unless otherwise shown in the plons or os directed by the En9ineer. SIGN SUBSTRATES I. The Contractor sholl ensure the sion substrate is installed in accordance with the manufacturer's recorrmendotions for the type of sign support thot is being used. The CWZTCD lists each substrate that con be used on the different types ond models of sign supports. 2. ·Mesh" type materials ore NOT on approved sign substrate, regardless of the tightness of the weove. 3. Al I wooden individual sign panels fobricoted from 2 or more pieces shol I hove one or more plywood cleat, 1/2" thick by 6" wide, fastened to the bock of the sign ond extending fully across the sign, The cleat sho11 be attached to the bock. of the si9n using wood screws thot do not penetrate the foce of the sign panel, The screws shol I be placed on both sides of the splice and spaced ot 6" centers. The Engineer moy approve other methods of spl icin9 the sign face. REFLECTIVE SHEETINC I, Al 1 signs shol l be retroreflective and constructed of sheeting meeting the color ond retro-reflectivity reQuirements of Dl.IS-83DO for rigid signs or DMS-8310 for rol 1-up signs. The web address for DMS specifications is shown on 8Clll. 2. White sheeting, meeting the reQUirements of DMS-8300 Type A, shol I be used for signs with o white background. 3. Orange sheeting, meeting the requirements of DMS-8300 Type Bn or Type Cn, sho11 be used for rigid signs with oronQe backgrounds. SIGN LETTERS I. Al I sign letters ond nUTtlers shol I be cleor, and open rounded type uppercase alphabet letters as approved by the Federal Highway Aaninistrotion !FHWA) and os published in the "Standard Highway Sign Design for TexosQ manual. Signs, letters and nl.Jlbers shol I be of first class workmanship in occordonce with Deportment Stondords and Specifications. REt.IOVINC OR COVER!NC I. When sign messages moy be confusing or do not apply, the signs shol r be removed or COOllletely covered. 2. Long-term stationary or intermediate stotionory sions instol led on square metal tubing moy be turned owoy from traffic 90 degrees When the sign message is not oppl icoble. This technique may not be used for signs instol led in the median of divided highways or near any intersections where the sign moy be seen from approaching traffic. 3. Si9ns instol led on wooden skids Shor I not be turned at 90 de9ree angles to the roadway. These signs shOuld be removed or completely covered when not required. 4, When signs ore covered, the material used shal I be opaque, such os heavy mi I block plastic, or other materials which wi Ir cover the entire sign face and maintain their OPOQue properties under outoroobi le headliQhts at night, without dcmoging the sign sheeting. 5, Burrop shol I NOT be used to cover signs. 6, Duct tape or other adhesive moteriol shol I NOT be affixed to a sign face. 7, Signs and anchor stubs shol I be removed ond holes bockfi I led upon C<XJllletion of work, SION SUPPORT WEIGHTS I, Where si9n supports reQuire the use of weights to keep from turning over, the use of sandbags with dry, cohesionless sand should be used. 2. The sandbags wi 11 be tied shut to keep the sand from spi 11 ing and to maintain o constant weight, 3. Rock, concrete, iron, steel or other sol id objects shol I not be permitted for use os sign support weights. 4. Sandbags should weigh o mininun of 35 lbs and o moxirron of 50 lbs, 5. Sondbo9s shol r be mode of o durable material that teors upon vehicular impact, Rubber !such as tire inner tubes! shall NOT be used. 6. Rubber bo11osts designed for chonnel izing devices should not be used for bol lost on portable si9n supports. Sign supports designed and manufactured with rubber boses may be used when shown on the CWZTCD list. 7, Sondbogs shol I only be placed along or laid over the base supports of the traffic control device and shol I not be suspended obove ground level or hung with rope, wire, choins or other fasteners. SondbaQS shol 1 be placed along the length of the skids to weigh down the sign support. 8. Sandbags shol I NOT be placed under the skid and shol I not be used to revel si9n supports ploced on slopes. FLACS ON S!CNS I, Flogs may be used to drow attention to warning signs. When used the floQ SHEET 4 OF 12 •• I ~xas Department of Transportation Traffic Operations Division Standard BARRICADE AND CONSTRUCTION TEMPORARY SIGN NOTES nL_" ____ bo_-_l3_._d~90 ____ -+--01" TxDOT c~: lxOOT ow: TxOOT c~' TxOOT © TxO?.!__~o...-ember 2002 REVIS!Ol!S COW SEO +-----+-------I to I tern 502. shol t be 16 inches square or lorqer and shol I be orange or fluorescent WW red-orange in color. Flogs shall not be allowed to cover any portion of 9-07 ~ ...J the sion face. 7-13 ll«:kgrOLOO -Red ll«:kgrocncl -Onnoe LeQeM g, Bord!N' -'llhite Leoencl g, Bor<let'" -Block DIST CO!lllTY SHEET 110. o~L..~~~~~~~~~~~~~~~~~~~~~.L..~~~~~~~~~~~~~~~~~~~~~~~~~~&....~~~.;....~~~~~~~~~~~~~~~~~~~~-!-'!ll""r-~~~~~"'-_.~~~~~.._~__, Page 73 of 506 JO" Moxirrun 21 sq. ft, of ~ sign foce ~ 4x4 wood * post See BCC4l for sign height requirement 24" ,H,--------,H,1 ,._I· -4o-·· __..,I I'-· - 3 - 6 .--'' I Front / 4x< wooo post x 40" 2x6 27" 12· Too "' block. "' wood post * Moxirrun 12 SQ, ft, of /\ II" sign face ~ 1 24" 2x4 brace 24" I 2'6 11 /skid 60" 4x4 J__ block ~ Len9th of skids moy be increased for odditionol stobi I ity. Too See BCl4l for si9n hei9ht requirement / [;==:=~~~~~~~~,..--318" bolts w/nuts or 318" x 3 112" !min, I log screws Front 4x4 block .... SKID MOUNTED WOOD SIGN SUPPORTS 4x4 block 46" minilTIJlll OPTION I !Direct Errt:iednentl .1 H 34" min. in Optional stroog soi Is, reinforcin<J 55" min. in sleeve .. weak soi is. 11/2" larger .. • 1,J than sign • • post I x 18" • Anchor Stub : 11/4" lorger : AnchOr Stub than sign i 11/4" 1or9er posti-: than sign ! post> • • • Sign /Post desirable . : > 18" rr~. • • 34 min, 1n • • strong soi Is, .. 55" min. in .. . . weak soi Is, : : / .. !! OPTION 3 OPTION 2 !Anchor Stubl (Anchor Stub and Reinforcing Sleeve» PERFORATED SQUARE METAL TUBING Sign Post See the CWZTCD for errbednent. Bose Post WING CHANNEL L 06'0 f fe1d c~A~t?~( LONG/INTERMEDIATE TERM STATIONARY · PORTABLE SKID MOUNTED SIGN SUPPORTSO Upright IT'IJSt telescope to provide 7' height above pavement 36" 0 T 48" • opposite sides : going in opposite • directions. Minilll.lll : weld, do not weld . LW•IOs to stort on : ~ock fi 11 puddle. . .. weld---..:::• ••• weld starts here starts .' here weld 1 3/4" x 1 314" x 11 foot 12 go post mo NOT SPLICEl I 3/4" galv. rOUfld with 5116~ holes or I 314" x I 314" square tubing 0 0 0 0 0 pin ot angle needed to motch sideslope 2.5' . 48" 2"' :fa.:; .c:;::; .. c:;::; .. c:;::; .. C!:i .. ~ .. "'""'""'""'"C!J' I. 5• SINGLE LEG BASE Side View . I -2" x 2" x 12 Qa. upriQht 16 SQ. ft. or ress of any rigid sign substrate 1 isted in section J.2.d of the CWZTCD, except 5/8" plywood. 112" plywood is al lowed, I 3/4 " x 1 3/4 " x 129" (hole to hole) 12 go. support telescopes into sleeve __________ JI I 3/4 " x 1 3/4 " x 52" !hale to hole> 12 go. square perforated tubing diogonol brace I 3/4 " x 1 3/4 " x 32" (hOle to hOlel 12 go. sQuore perforated tubing cross broce ---------'- 318" X 4-1/2 gr. 5 BOLT ITYP.l 0 7/16" I, 32· ,I • N ' N ' 0 N Refer to the CWZTCD and the manufacturer's instol lotion procedure for eoeh type sign support. The moxifrun sign square footoge shofl adhere to the monufocturer's reconmendotion. Two post instor lotions con be used for lon:;ier signs. 0 3/8" x 3" gr. 5 bolt !2 per support> joining s i gn pone r and supper ts N ' Nominal Post Size 4 x 4 4 x 4 4 x 6 4 ' 6 I 1/2" Dio. ltypl 4"' -;. ----i 6.. I * 16" 0 El '-1.UWllK Direction of Troffic NUlltler Moxinun MinillUll of SQ. feet of Soi I Posts Sign Foce Errtiedment I 12 36' 2 21 36" I 21 36" 2 36 36" Ori I led Hole Isl Required NO NO YES YES WOOD POST SYSTEM FOR GROUND MOUNTED SIGN SUPPORTS 1 3/4 " x I 3/4 " x 129" !hole to hole> 12 go, square perforated tubing upright---~~! 2" x 2" x 59" thole to holel 12 go. perforated tubing skid 03/8"X3"gr, 5 bolt N ' C~letely welded oround tubing 2"x2"x8" !hole to hole> 12 go, square perforated tubing sleeve welded to skid WEDGE ANCHORS Both steel and prostic Wedge Anchor Systems as shown on the SMD Standard Sheets rnoy be used as teq:iorory sign supports for signs up to 10 square feet of sign face. They may be set in concrete or in sturdy soi Is if opproved by the Engineer. !See web address for "Traffic Engineering Standard Sheets" on BCllJJ. OTHER DESIGNS MORE DETAILS OF APPROVED LONG/INTERMEDIATE AND SHORT TERM SUPPORTS CAN BE FOUND ON THE CWZTCD LIST, SEE BClll FOR WEBSITE LOCATION. GENERAL NOTES 1. Noi Is moy be used in the osserrt>ly of wooden sign supports, but 318" bolts with nuts or 3/B" x 3 112· log screws 111.Jst be used on every joint for finol connectioo, 2. No more thon 2 sign posts shol I be placed within o 7 ft, circle, except for specific materials noted on the CWZTCD List, 3. When project is corrpleted, 011 sign supports ond foundations shol t be removed from the project site, This wi 11 be considered subsidiary to Item 502. D See BCl41 for definition of "Work Duration," * Wood sign posts MUST be one piece. Splicing wi 11 NOT be al lowed. Posts shol I be pointed White. ~ See the CWZTCD for the type of sign substrate thot con be used for each approved sign support, SHEET 5 OF 12 -~·. Traffic Operations Division Standard I 1i!Jxas Department of Transportation BARRICADE AND CONSTRUCTION TYPICAL SIGN SUPPORT BC<S>-13 f]l[, bc-13.dqn DN• TxDOT cK, TxOOT Dll' TxOOT c~' T xDOT ©TxOOT November 2002 COii! SECT """ HJGHllAY SKID MOUNTED PERFORATED SQUARE STEEL TUBING SIGN SUPPORTS REV!SlOl!S 9·07 DIS! CO~IHY SHUT llO. 7-13 Page 74 of 506 WHEN NOT IN USE, REMOVE THE PCMS FROM THE RIGHT-OF-WAY OR PLACE THE PCMS RECOMMENDED PHASES AND FORMATS FOR PCMS MESSAGES DURING ROADWORK ACTIVITIES BEHIND BARRIER OR GUARDRAIL WITH SIGN PANEL TURNED PARALLEL TO TRAFFIC (The Engineer may approve other messages not specifically covered here.l PORTABLE CHANGEABLE MESSAGE SIGNS 1. The Engineer-/lnspector shot I oppr-ove 011 messages used on portable Phase 1 : Condition Lists Phase 2: Possible Component Lists changeable message signs !PCMSl. 2. Messages on PCMS shou Id contain no more than 8 words !about four to eight chor-octer-s per-wor-dl, not including sill'() le wor-ds such os "TO," Closure List Action to Toke/Effect on Travel Location Warning •• Advance "FOR," "AT,. etc. Rood/Lone/Romp Other Condition List List List List Notice List 3. Messrn;ies should consist of o single phase, or two phases that alter-note. Three-phase messages or-e not al lowed. Each phase of the FREEWAY FRONTAGE ROADWORK ROAD MERGE FORM I AT I SPEED TUE-FRI message should convey o single thought, and lllJSt be under-stood by CLOSED ROAD xxx FT REPAIRS RIGHT X LINES FM XXXX LIMIT XX AM-itself. '· Use the word nEXIT" to refer to on e)(it rare on o freeway; i.e., X MILE CLOSED XXXX FT RIGHT XX MPH X PM "EXIT CLOSED." Do not use the term "RAMP." FLAGGER DETOUR 5. Always use the r-oute or interstate designation llH, US, SH, FM) ROAD SHOULDER LANE USE BEFORE MAXIMUM APR XX- along with the nurber-when referring to o r-oadway, CLOSED CLOSED XXXX FT NARROWS NEXT xxxxx RAILROAD SPEED xx 6. When in use the bottom of o stationary PCMS message panel should be o minimi..m 1 feet above the rooctwoy, where possible. AT SH XXX XXX FT xx xx FT x EXITS RD EXIT CROSSING XX MPH X PM-X AM 7. The message term "WEEKEND" Shaul d be used only if the work is to ROAD RIGHT LN RIGHT LN TWO-WAY USE USE EX IT NEXT MINIMUM BEGINS stort on Saturday morning ond end by Sunday evening ot midnight. CLSD AT CLOSED NARROWS TRAFF !C EXIT xxx !-XX x SPEED MONDAY Actual days ond hours of work should be displayed on the PCMS if work is to begin on Friday evening ond/or continue into Monday morning. FM XXXX XXX FT XXXX FT XX MILE NORTH MILES XX MPH 8. The Engineer/Inspector moy select one of two options which ore ovoi I-RIGHT x RIGHT x MERGING CONST STAY ON USE PAST ADVISORY BEGINS able for displaying a two-phase messoqe on a PCMS. Each phase may be displayed for either four seconds each or for three seconds each, LANES LANES TRAFF !C TRAFF !C us xxx I-XX E us xxx SPEED MAY XX 9. Do not "flash" messages or words included in o message. The message CLOSED OPEN XXXX FT xxx FT SOUTH TO I-XX N EXIT XX MPH should be steady burn or continuous while displayed. 10. Do not present redundant information on o two-phose messoi;ie; i.e., CENTER DAYTIME LOOSE UNEVEN TRUCKS WATCH xxxxxxx RIGHT MAY x-x keepint;i two 1 ines of the message the sane ond changing the third I ine. LANE LANE GRAVEL LANES USE FOR TO LANE XX PM - 11. Do not use the word "Danger" in messot;ie. CLOSED CLOSURES XXXX FT XXXX FT US XXX N TRUCKS xxxxxxx EXIT XX AM 12. Do not display the messoge "LANES SHIFT LEFT" or 0 LANES SHIFT RIGHT" on o PCMS. Drivers do not understand the messot;ie. NIGHT I -XX SOUTH DETOUR ROUGH WATCH EXPECT us xxx USE NEXT 13. Do not display messoges thot scrol I horizontol ly or verticol ly ocross the foce of the sign. LANE EXIT X MILE ROAD FOR DELAYS TO CAUTION FRI-SUN "· The fol rowing toble 1 ists abbreviated words and two~word phrases thot CLOSURES CLOSED xx xx FT TRUCKS FM XXXX ore occeptab I e for use on a PCMS. Both words in a phrase rrust be displayed together. Words or Phrases not on this list should not be VARIOUS EX IT xxx ROADWORK ROADWORK EXPECT PREPARE DRIVE XX AM obbrevioted, unless shown in the TMUTCO. LANES CLOSED PAST NEXT DELAYS TO SAFELY TO 15. PCMS character heii;iht should be ot least 16 inches for trailer mounted CLOSED X MILE SH XXXX FRI-SUN STOP XX PM units. They should be visible from ot least 1/2 l.5) mile ond the text should be legible from ot leost 600 feet ot night ond BOO feet in EXIT RIGHT LN BUMP us xxx REDUCE END DRIVE NEXT doyl ight. Truck mounted units nust hove o character height of 10 inches ond fflJSt be legible from ot least 400 feet. CLOSED TO BE XXXX FT EXIT SPEED SHOULDER WITH TUE lG. Each 1 ine of te)(t should be centered on the message board rather thon CLOSED X MILES XXX FT USE CARE AUG XX left or rii;iht justified. 17. If disabled, the PCMS shauld default to on illegible display that will MALL X LANES TRAFFIC LANES USE WATCH TONIGHT not alarm motorists ond wi Ir only be used to alert workers that the PCMS hos molfunctioned. A pattern such os o series of horizontal sol id DRIVEWAY CLOSED SIGNAL SHIFT * OTHER FOR XX PM- bors is oppropriote. CLOSED TUE -FRI xx xx FT ROUTES WORKERS XX AM xxxxxxxx STAY BLVD * LANES SHIFT in Phase I rrust be used with STAY IN LANE in Phase 2. IN * **See Appl icotion Guide I ines Note 6. WORD OR PHRASE ABBREVIATION WORD OR PHRASE ABBREVIATION CLOSED LANE Access Rood ACCS RO Moior MAJ A lternote ALT Mi 1es Ml Avenue AVE Miles Per Hour MPH APPLICATION GUIDELINES WORDING ALTERNATIVES Best Route BEST RTE Ml nor MNR Boulevard BLVD Mondov M-ON 1. On r y 1 or 2 phases ore to be used on a PCMS. 1. The words RIGHT, LEFT and ALL con be interchanged as oppropriote, Bridae BROG Normol NORM 2. The 1st phase !or bothl should be selected from the 2. Roodwoy designations IH, us, SH, FM and LP con be interchanged os Cannot CANT North N "Rood/Lone/Rcmp Closure List" ond the "'Other Condition List". oppropr i ote. Center CTR Northbound croutel N 3. A 2nd phase con be selected from the "Action to Toke/Effect 3. EAST, WEST, NORTH ond SOUTH cor obbreviotions E, W, N and Sl con Construction CONST AHO Parking PKING on Travel, Location, General Warning, or Advance Notice be interchanged os appropriate. Ahead Rood RD Phase Lists". '· Highway nooies and nurbers replaced os appropriate. CROSSING XING Riaht Lone RT LN '· A Location Phase is necessary only if o distance or location 5. ROAD, HIGHWAY and FREEWAY con be interchanged OS needed. Detour Route DETOUR RTE Saturdav SAT is not included in the first phase selected. G. AHEAD may be used instead of distances if necessary. Do Not DONT Service Rood SERV RD 5. J f two PCMS ore used in sequence, they lllJSt be separated by 7. FT ond Ml, MILE and MILES interchanged os oppropriote. Eost E Shoulder SHLDR o minil!Ull of 1000 ft, Each PCMS shol I be I imited to two phases, 8. AT, BEFORE ond PAST interchanged os needed. Eastbound lroutel E SI loperv SLIP ond should be understandable by themselves. '· Distances or AHEAD con be el iminoted from the message if 0 Emeroenc'I DAER South s G. For advance notice, when the current dote is within seven days location phase is used. Emernencv Vehicle EMER VEH Southbounel croute) s of the octuol work dote, calendar days shOuld be replaced with Entrance Enter ENT Soeed SPD days of the week. Advance notification shOuld typicol ly be for [)(Dress Lone EXP LN Street ST no more than one week prior to the work. E)(oresswov EXPWY Sundov SUN SHEET 6 OF 12 xxxx Feet XXXX FT Telephone PHONE , . Traffic Fon Ahead FOG AHO T rorv TEMP PCMS SIGNS WITHIN THE R. 0. W. SHALL BE BEHIND GUARDRAIL OR ~ Operations Freewov FRWY FWY Thursdov THURS I Texas Department of Transportation Division Freewov Blocked FWY BLKO To Downtown TO DWNTN CONCRETE BARRIER OR SHALL HAVE A MINIMUM OF FOUR (4) Standard Fridov FRI Traffic TRAF PLASTIC DRUMS PLACED PERPENDICULAR TO TRAFFIC ON THE Hazardous Drivlna HAZ DRIVING TRVLRS Travelers UPSTREAM SIDE OF THE PCMS, WHEN EXPOSED TO ONE DIRECT ION Hazardous Material HAZMA.T Tuesdav TUES BARRICADE AND CONSTRUCTION Hi oh-Occunoncv HDV Time Minutes TIME MIN OF TRAFF IC. WHEN EXPOSED TO TWO WAY TRAFFIC, THE FOUR DRUMS Vehicle HWY Upper Level UPR LEVEL SHOULD BE PLACED WITH ONE DRUM AT EACH OF THE FOUR CORNERS OF THE UNIT. PORTABLE CHANGEABLE Hinhwov Vehicles Isl VEH VEHS Hour Isl HR. HRS Wornina WARN MESSAGE SIGN <PCMS> lnformot ion INFO Wednesdov WED FULL MATRIX PCMS SIGNS It ls ITS Weioht Limit WT LIMIT the character height ond legibil ity/visibi I ity requirements shol l be mointained os I isted in Note 15 under ~PORTABLE Junction JCT West • 1. When Ful 1 Motri)( PCMS sions ore used, Left LFT Westbound Croutel W CHANGEABLE MESSAGE SIGNS" above, BC<6>-13 Left Lone LFT LN Wet Pavement WET PVMT 2. When synba I signs, such as the "Floooer Syrrbol"ICW20-71 ore represented 9raphico11y on the Full Matri)( PCMS sign ond, with the opprovor of the Engineer, ;, Lone Closed LN CLOSED Wi II t WONT shol 1 mointoin the legibi I ity/visibi 1 ity requirement I isted above. F lLEt Dc-13.dgri 01" TxOOT \u, TxDOl\011: Tx00T \c~' lxDOT Lower Level LWt.: LEVEL 3. When syrrbol signs ore represented grophicol ly on the Ful I Motri)( PCMS, they shol 1 only supplement the use of the static sign represented, ond shol I not substitute ©rxoor Noverrber 2002 CON! SEC ii "°" H!GHWhY Maintenance MAINT for, or replace thot sign. ~£V!SIOHS I ·w '· A full motri)( PCMS may be used to silll..Jlate a flashing arrow board provided it meets the visibility, flash rote and dinming requirements on 8CC7l, for the 9-07 I "- Roadway O!SI COUtlH SH££! JIO. '" designation '* IH-rn .. rroer, us-rn..rroer, SH-nuroer, FM-nuroer sane size or row. 7-13 I ~ --""'-' Page 75 of 506 I. Barrier Reflectors shol I be pre-quo I ified, and conform to the color ond reflectivity requirements of OMS-8600. A list of prequalified Borrier Reflectors con be found ot the Moteriol Producer List web oddress Borr i er Ref I ector on 16" tolt plastic brocket~ \ ,... ~-----shOwn on BC 11 l • 2. Color of Barrier Reflectors Shol I be as specified in the TMUTCO. The cost of the reflectors shot I be considered subsidiary to Item 512. CONCRETE TRAFFIC BARRIER tCTB> See D & OM IVIAJ Mox. spacing of barrier reflectors is 20 feet. Attoch the del ineotors as per manufacturer's reconmendot Ions. LOW PROFILE CONCRETE BARRIER <LPCB> 3, Where traffic is on one side of the CTB, two <21 Barrier Reflectors shol I be roounted in opproximotely the midsection of each section of CYB. An olternate mounting location is uniformly spaced ot one end of each CYB. This wi 11 ol low for ottoctment of o barrier grapple without damaging the reflector. The Barrier Reflector roounted on the side of the CTB shol I be located directly below the reflector mounted on top of the borr i er, os shown in the de to i I obove. ~-"'--=-'"--=~8;;::<"":::,-'--Instol I a minim.rn of 4. Where CTB seporotes two-way troffic, three barrier reflectors shal I be mounted on each section of CTB. The reflector unit on top shol I hove 3 Barrier Reflectors os per monufocturer's reconmendat ions. two yellow reflective foces ISi-Oirectionollwhile the reflectors on each side of the barrier shol I hove one yellow reflective face, as shown in the detoi I obove. DELINEATION OF END TREATMENTS 5, When CTB separates traffic traveling in the sane direction, no barrier reflectors wit l be required on top of the CYB. END TREATMENTS FOR CYB'S USED 6. Sorrier Reflector units shol 1 be yellow or white in color to match the edge I ine being supplemented. 7. M0>d1J1L111 spacing of Bor.-iel'" Reflectors is forty 1401 feet. IN WORK ZONES a. Pavement morkers or te/ll'.lorory flexible-reflective roodwoy morker tabs shall NOT be used as CTB delineation. End treatments used on CTB' s in work zones shol I meet croshworthy stond-Ords os defined in the Notional Cooperative Highway Research Report 350. Refer to the CWZTCO List for approved end treatments ond manufacturers. 9, Attoctment of Barrier Reflectors to CTB shall be per manufacturer's reconmendot i ans. JO.Missing or dcmoged Bo.-.-ie.-Reflectors shol f be reploced as di.-ected by the Engineer. 11.Single slope barriers sholl be delineated as shown on the above detoil. BARRIER REFLECTORS FOR CONCRETE TRAFFIC BARRIER AND ATTENUATORS © I I 0 o) I Type C WorninQ Light or approved substitute mounted on o drun odjocent to the trove I woy. 0 Warning reflecto.-moy be round or square.Must hove o ye! low reflective surface areo of ot least 30 square inches WARNING LIGHTS I. 2. 3. 4. 5. 6. 7. 8. Warning 1 ights shol I meet the requirements of the TMUTCO. Warning 1 ights shol I NOT be instol led on barricades. Type A-Low Intensity Floshing Wo.-ninQ Lights are corrmonly used with druns. They ore intended to worn of or mork a potentially hozordous oreo, Their use shol r be as indicated on this sheet ond/or other sheets of the plons by the designation ·FL·. The Type A Warning Lights shol I not be used with signs manufactured with Type BFL a.-CFL Sheeting meeting the requirements of Oepa.-tmentol Moterial Specification OMS-8300, Type-C ond Type D 360 degree Steady Burn Lights ore intended to be used in o series for delineation to supplement other traffic control devices. Their use shol I be as indicated on this sheet and/or other sheets of the plans bY the designation "SB", The Engineer/Inspector or the plans shol I specify the locotion and type of warning I ights to be instol led on the traffic control devices. When required by the Engineer, the Controctor Sholl furnish o copy of the wo.-ning llghts certification. The warning light monufocturer will certify the warning lights meet the requirements of the latest !TE Purchase Specifications for F1oshing and Steady-Burn Warning Lights. When used to delineate curves, Type-C ond Type 0 Steady Burn Li(lhts should only be placed on the outside of the curve, not the inside. The location of warning I ights and warning reflectors on dn.ms shol I be os shown elsewhe.-e in the plans. WARNING LIGHTS MOUNTED ON PLASTIC DRUMS 1. Type A floshing warning 1 ights ore intended to worn drivers that they ore opprooching or ore in a potentiol ly hazardous area. 2. Type A random floshin(I warning lights ore not intended for" delineation ond shall not be used in o series. 3. A series of sequential floshinQ worn Ing I ights placed on channelizing devices to form o mergino toper moy be used for del ineotion. If used, the successive floshing of the sequential warning li(lhts should occur from the beginning of the toper to the end of the merging tape.-in order to identify the desired vehicle path. The rote of flashing for each light shol I be 65 flashes per minute1 plus or minus 10 floshes, 4. Type C and O steody-bul'"n warning I ights ore intended to be used in o se.-ies to del ineote the edge of the travel lone on detours, on lone changes, on lane closures, ond on other simi lor conditions. 5. Type A, Type C and Type O warning I ights shol I be instol led at locotions os detoi led on other sheets in the plons. 6. Warning 1 ights shol l not be instol led on o drun thot hos a sign, chevron or vertical pone I. 1. The moxirrun spacing for warning 1 ights on druns should be identical to the chonner !zing device spacing. WARNING REFLECTORS MOUNTED ON PLASTIC DRUMS AS A SUBSTITUTE FOR TYPE C <STEADY BURN> WARNING LIGHTS 1. A warning .-eflector or approved substitute moy be mounted on o plostlc drun os a substitute for o Type C, steady burn warning light ot the disc.-etion of the Cont.-octor unless otherwise noted in the plons. 2. The warning reflector" shol I be yellow in color and shol I be manufactured using a sign substrate approved fa.-use with plostic dr"unS I isted on the CWZTCO. 3. The worninQ reflector shall hove a minirrun retroreflective surface oreo Cone-sidel of 30 square inehes. 4, Round reflectors shol I be fully reflectarized1 including the areo where ottoched to the dn..m. 5. Square substrates fllJSt hove o minirrun of 30 square inches of reflectorized sheeting. They do not hove to be reflectorized whe.-e it attaches to the drw. 6, The side of the wornin(I reflector facing opprooching traffic shall hove sheeting meetino the color and retroreflectivity reQuirements for OMS 8300-Type B or Type C. 7. When used near" two-way tl'"offic, both sides of the warning reflector shall be reflectorized. Arrow Boards may be located behind channelizing devices in place for a shoulder toper or merging toper, otherwise they shat I be del ineoted with four {41 channelizing devices placed perpendicular to traffic on the upstrecrn side of traffic. TYPE '· The FloshinQ Arrow Boord should be used for all lone closures on rrolti-lone roodwoys, o.-slow moving maintenance or construction activities on the t.-ovel lones. 2. 3. Flashing Ar.-ow Boards should not be used on two-lone, two-woy .-oodways, detours, diversions or work on shoulders unless the "CAUTION" display !see detoi I be I owl is used. The Engineer/Inspector shol l choose at I oppropriote signs, barricades and/or other traffic control devices that should be used in conjunction with the F Joshing Ar.-ow Boord. 4. The F loshing Ar.-ow Board should be able to disploy the fol lowing syntiols; • • • • 4 CORNER CAUi ION • • • • • • • • • •••• • • OOUBL E ARROW OR ALTERNATING DIAMOND CAUTION • • ••••••• • • LEFT & RIGHT • • • • • • • • • • • • • • • • • • • • • • • • • • • CHEVRON ARROW LEFT & RIGHT • • • 5. The "CAUTION" display consists of four corner ICJT¥>s flashing sifllJltoneously, or the Alternating Oicroond Caution mode as shown. 6. The straight I ine caution display is NOT ALLOWED. 7. The Flashing Arrow Boord shall be copoble of minirrun 50 percent dinminQ from roted IQll'P voltage. The flashing rote of the fanps shol 1 not be less than 25 nor more thon 40 floshes per minute. 8. Minif!Ull IOI!'() "on time" shol I be opproximotely 50 percent for the flashing orrow and equal intervals of 25 pe.-cent for each sequentiol phase of the floshing chevr"on. 9. The sequential or.-ow display is NOT ALLOWED. 10. The flashing o.-row display is the TxDOT stondord; however, the sequential Chevron disploy may be used during doyl ight operotions. 11. The Flashing Arrow Boord Sholl be mounted on o vehicle, trailer or other suitable support. 12. A Flashing Arrow Boord SHALL NOT BE USED to laterally shift traffic. 13. A full motrix PCMS may be used to sirrolote a FloshinlJ A.-.-ow Boord provided it meets visibility, flash l'"Ote and dirrming reQuirements on this sheet for the sane size arrow. 14. Mininun mounting height of tl'"Oi !er mounted Arrow Boords should be 1 feet from roadway to bottom of ponel. REOUIREt.IENTS MINIMUM MINIMIJ.4 NWBER MINIMUM VISIBILITY SIZE OF PANEL LAMPS DISTANCE ATTENTION WHEN NOT IN USE, REMOVE 8 30 x 60 13 3/4 mi le Flashing Arrow Boards THE ARROW BOARD FROM THE RIGHT~OF-WAY OR PLACE THE ARROW BOARD BEHIND CONCRETE TRAFFIC BARRIER OR GUARDRAIL. c 48 x 96 15 I mi le shol I be equipped with outomotic dirrming devices. FLASHING ARROW BOARDS TRUCK-MOUNTED ATTENUATORS I. Truck~mounted attenuators ITMAl used on TxOOT foci 1 ities rrust meet the requirements outlined in the Notional Cooperotive Highway Research Report No. 350 INCHRP 3501 or the Manual for Assessing Safety Ho.-ctwore !MA.SHI. 2. Refer to the CWZTCD for the requirements of Level 2 or Leve I 3 TMAs. 3. Refer to the CWZTCO for a 1 ist of approved TMAs. 4. TMAs ore reQuired on freeways unless otherwise noted in the plans. 5. A TMA should be used anytime that it con be positioned 30 to 100 feet in odvonce of the areo of crew exposure without adversely offecting the work performance, SHEET 7 OF 12 • • I Texas Department of Transportation Traffic Operations Division Standard BARRICADE AND CONSTRUCTION ARROW PANEL, REFLECTORS, WARNING LIGHTS & ATTENUATOR BC<7>-13 ~-~---- FILE' bc-13.dgn Dll' TxOOT c~' TxDOT 011> TxDOT ~K' TxDOT S9TxDOT Noverrber 2002 com $EtT REVl5l0115 6. The only reason a TMA should not be required is when o work oreo is spread down the roodwoy ond the work crew is on extended distance fn:m the TMA. 0e 9~07 COllllTY SHEET tl!J. ~;:;:L.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~..JL...~~~~~~~~~~~~~~~~~~~~~~~~~~""'~'~-~1 ~3~~~~~~~~1::::::1::::::::::::~~~~~~~~1~~~:-~:~1 8. The warning reflector should be mounted on the side of the handle nearest opproaching troffic. 9. The moxinun spacing for warning reflectors should be identicol to the channelizing device spacing .-equirements. 11151 Page 76 of 506 WW ~~ .,_ o~ GEfllERAL fllOTES 1. For long term stationary work zones on freeways, dn.ms shal I be used as the primary channel izimJ device. 2. For intermediate term stationary work zones on freeways, drums should be used as the primory channel !zing device but moy be replaced in tom;ient sections by vertical poners, or 42" two-piece cones. In tangent sections one-piece cones moy be used with the approval of the Enoineer but only if personnel ore present on the project at all times to mointain the cones in proper position and location. 3. For short term stationary work zones on freeways, druns ore the preferred channelizing device but may be replaced in tapers, transitions and tangent sections by vertical panels, two-piece cones or one-piece cones as approved by the Engineer. 4. On.ms ond ol t related items shol I comply wi1h the requirements of the current version of the ATexos Manual on Uniform Traffic Control Devices" ITMUTCDl and the "Compl iont Work Zone Traffic Control Devices List" ICWZTCDI. 5. Druns, bases, ond related materials shol I exhibit good workmanship and shol I be free from objectionable marks or defects that would adversely affect their oppecronce or serviceobi Ii ty. G. The Contractor shol I hove o moximlJ'll of 24 hours to replace ony plastic druns identified for replacement by the Engineer/Inspector. The replace- ment device nust be on approved device. GEfllERAL DESIGfll REOUIREMEfllTS Pre-qualified plastic druns shol I meet the fol lowing requirements: I. Plastic dn.ms shol 1 be o two-piece designi the "body" of the drun shol I be the top portion and the Abase" shol I be the bottom. 2. The body and base shot I lock together in such o manner that the body separates from the base when il!llocted by o vehicle trove I ing at o speed of 20 MPH or greater but prevents occidental separation due to normol hondl ing and/or air turbulence created by passing vehicles. 3. Plastic dn.ms shall be constructed of lightweight flexible, and deformable materials. The Contractor shol I NOT use metol drlJ'lls or single piece plastic druns as channel izotion devices or sign supports. 4. On.ms shall present o profile that is a minirrum of 18 inches in width at the 36 inch height when viewed from any direction. The height of drun unit !body instol led on bosel shol I be a minill'l..llTl of 36 inches and o moxim..m of 42 inches. S. The top of the drun shol I hove o bui It· in handle for easy pickup and shol 1 be designed to drain water and not collect debris. The handle shol I hove a minirrun of two widely spaced 9/16 inch dicmeter holes to al low attachment of o worn"mg I '1ght, worn'1ng ref I ector un'1t or approved comp I iont siQn. 6. The exterior of the dn..m body shol I hove o minim..m of four olternotinQ orange ond white retroreflective cil"cunferentiol stl"ipes not less than 4 inches n-0r 9reoter thon 8 inches in width. Any non·reflectorized space between any two adjacent stripes shol I not exceed 2 inches in width. T. Bases shal I hove a moxim..m width of 36 inches, o moxinun height of 4 Inches, and a minimun of two footholds of sufficient size to al low base to be held clown while separating the drun body from the base. 8. Plastic druns shall be constructed of ultra-violet stabilized, orange, high~density polyethylene IHDPEI or other approved material. 9. Drum body shol I hove o moxinun unbol losted weight of 11 lbs. 10. Drum and base shal I be marked with manufacturer's none and model nunber. RETROREFLECTIVE SHEETlfllG I. The stripes used on drLJnS shol I be constructed of sheeting meeting the color ond retroreflectivity requirements of Deportmentol Materials Specification DMS-8300, "SiQn Face Moterlols," Type A reflective sheetinQ shall be supplied unless otherwise specified in the plans. 2. The sheeting Shol I be suitable for use on ond shol I adhere to the dn.m surface such that, upon vehicular impact, the sheetinQ shall remain adhered in-place and exhibit no delominotin9, crocking, or loss of retroreflectivity other than that loss due to abrasion of the sheeting surface. BALLAST I. Unbol losted bases shol I be lorge enough to hold up to 50 lbs. of sond. 2. J. 4. 5. •• J, This base, when fi I led with the bol lost material, should weigh between 35 lbs tmininun> and 50 lbs fmoxim.mJ. The bol lost may be sand in one to three sandbo9s separate from the base, sand in a sond·fi I led plastic base, or other bol lostinlJ devices as approved by the Em;iineer. StockimJ of sandbo9s wi 11 be al lowed, however' height of sandbags above pavement surface may not exceed 12 inches. Bases with bui It-in bo11ost shot I weigh between 40 tbs. and 50 lbs, Bui It· in bOl last con be constructed of on inte9ro1 crunti rubber base or o so I id rubber base. Recycled truck tire sideWOl ls may be used for bal lost on druns approved for this type of bol lost on the CWZTCD I ist. The bol lost shol I not be heavy objects, water, or any material that would become hozordous to motorists, pedestrians, or workers when the dn.rn is struck by o vehicle. When used in regions susceptible to freezing, drlJ'lls shol I hove droinoi;ie holes in the bottoms so that water wi 11 not collect and freeze becoming a hazard when struck by a vehicle. Bal lost shol I not be placed on top of druns. Adhesives may be used to secure base of druns to pavement. 18" min Handle Top should not 1 I al low collection 9/16" dio. ltypl for mount in9 signs and of water or ---~:f~~;;;;i::CJI debris ,,. o worn i ng I i ghts 4" 4" min 8" max Ctypl 2" mo>< Ctyp, I Eoch drun shol I hove o minill'Ull of 2 orange and 2 white stripes using Type A retro· reflective sheetin9 with the top stripe being orange. Toper to al low for stocking o minill'Ull of 5 ~ -------...._., druns -1__-~ _ _.i::_l_j;;;~================~~~::::::-aose 136~ ~ dio. moxl cw1~GL DIRECTIOfll lfllDICATOR BARRICADE I, The Direction Indicator Barricade may be used in tapers, transitions, ond other areas where specific directional Quidance to drivers is necessary, 2. If used, the Direction Indicator Barricade should be used in series to direct the driver throuoh the transition ond into the intended travel lone. 3. The Direction Indicator 8orricode shall consist of One-Direction Lorge Arrow tCWJ-6l sign in the size shown with o blacK arrow on o background of Type BFLor Type CFLoronge retroreflective sheetlnQ above a rol 1 with Type A retroreflective sheetlnQ in olternatino 4" white and orange stripes sloping downward ot on angle of 45 deQrees in the direction rood users ore to poss. Sheeting types shal I be OS per DMS 8300. 4. Double arrows an the Direction Indicator Barricade wi I I not be OE lowed, 5. Approved manufacturers ore shown on the CWZTCD List. Bollost shol I be as approved by the manufacturers instructions, 36" This detoi I is not intended for fabrication. See note 3 ond the CWZTCO fist for providers of approved Detectable Pedestrian Borr icodes · -Continuous smooth roi I for hand troi I ing DETECTABLE PEDESTRIAfll BARRICADES I, When existing pedestrian foci Ii ties ore disrupted, closed, or relocated in a TTC zone, the temporary facilities shall be detectable and include accessibility features consistent with the features present in the existing pedestrian foci lity, 2. Where pedestrians with visual disabilities normally use the closed sidewalk, o device that is detectoble by o person with o visual disobllity troveElnQ with the old of o lono cone shall be placed across the ful I width of the closed sidewolK· 3. Detectable pedestrian barricades slmilar to the one pictured above, 1ongitudino1 Chonnelizino devices, some concrete barriers, and wood or chain link fenclnQ with a continuous detectable edging con sotisfoctori ty delineote o pedestrian path. 4. Tope, rope, or ptostlc chain strunQ between devices ore not detectable, do not comply with the desiQn standards in the "Americans with Di sob! I ities Act Accessibi I ity Guide I ines for Bui ldinos and Facilities <AOAAGI" and should not be used as o control for pedestrlon movements. 5. Warning lights shall not be ottoched to detectable pedestrian borr i codes. 6. Detectable pedestrian borricodes may use 8" nominal barricade roils as shown on BC<lOI provided that the top roi I provides o smooth con'l'inuaus roi 1 suitable for hand troilino with no splinters, burrs, or sharp edoes • 18" >< 24" Sign CMoxirTlllII Sign Dimension! Chevron CW1~8, Opposing Traffic Lone Divider, Driveway sign D70o, Keep Right R4 series or other signs os approved by Engineer 12" x 24" Vertical Panel mount with diagonals s I oping down towards travel woy Plywood, Aluminun or Metal sign substrates shol I fllOT be used on plastic druns SIGfllS, CHEVROfllS, AfllD VERTICAL PAfllELS MOUfllTED Ofll PLASTIC DRUMS 1. Signs used on plastic druns shol I be manufactured using substrates I isted on the CWZTCD. 2. Chevrons and other work zone signs with on orange background shall be manufactured with Type BrL or Type CFLOronge sheeting meetin9 the color and retroreflectivity requirements of OMS~8300, "Sign Face Material,· unless otherwise specified in the plans. 3. Vertical Panels shol I be manufactured with orange and white sheeting meetino the requirements of DMS-8300 Type A Diagonal stripes on vertical Panels shOl I slope down toward the intended traveled lone, 4, Other si9n messages (text or syllbol icl may be used os approved by the Engineer. Sign dimensions shal I not exceed 18 inches in width or 24 inches in height, except for the R9 series signs discussed in note 8 below. 5. Signs shall be installed using a 1/2 inch bolt (ncminoll and nut, two washers, and one locking washer for each connect ion. 6. Mounting bolts and nuts shall be fully engai;ied and adequately torqued. Bolts should not extend more than 112 inch beyond nuts. 7. Chevrons may be placed on drlJTls on the outside of curves, on merging tapers or on shifting tapers. When used in these locations they may be placed on every dn.m or spoced not more than on every third drun. A minillUll of three 131 should be used at each location col led for in the plans. 8. R9-9, R9·10, R9-ll and R9-llo Sidewalk Closed signs which ore 24 inches wide may be mounted on plastic druns, with approval of the Em;iineer. SHEET 8 OF 12 -~.. Traffic .~ Operations I Texas Department of Transportation ft::'~~:~d --~----~~-----I BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES BC<S>-13 ~---~--- f!LE• bc-13.dgn DI!• TxDOT et: TxDOT DW' TxDOT u, TxDOT @TxDOT Nove!lber 2002 CONT S£CI '°" HlGll~AI ~tvlS!O!IS 4·03 7-13 D!Sl C()UNIY SH£U tm, 9-07 Page 77 of 506 WW ~~ .,_ a~ to 12· l<------+I VP-IL T 24" min. 8" to 12" 1----------1 4" See note 7 FIXED <Rigid or self-righting) See note 1 36" min. 8" to 12" 1--------1 See note Rigid Suppart 8" to 12" 1--------1 Self·righting Suppart 12" minirrun embeonent depth 1, 2. J. 4. 5. 6. I DRIVEABLE Vertical Panels IVP'sl ore nonnolly used to channelize traffic or divide oppasing lanes of traffic. VP's may be used in daytime or nighttime situations. They may be used at the edge of shoulder drop-offs and other areas such as lone transitions where positive daytime and nighttime delineation is reQuired. The Engineer/Inspector shol I refer to the Roadway Design Manual Appendix B "Treatment of Pavement Drop-offs in Work Zones" for additional guidelines on the use of VP' s for dr-op-offs. VP' s shou 1 d be mounted back to bock if used at the edoe of cuts adjacent to two-way two lone roadways. Stripes or-e to be reflective orange and reflective white and should always slope downward toward the travel lone. VP' s used on expr-essways and fr-eewoys or-other-high speed roodWoys, may hove more than 270 square inches of retroreflective area facing traffic. Self-righting supports ore available with portable base. See RCcmpl iont Work Zone Traffic Control Devices List" !CWZTCO>. Sheeting for the VP' s shol I be retroreflective Type A conforming to Depor-tmentol Material Specification OMS-8300, unless noted otherwise. <Rigid or self-righting) 7. Where the height of reflective moteriol on the ver-ticol panel is 36 inches or greater, o panel stripe of 12" JG" PORTABLE CW6-4 6 inches shol I be used, VERTICAL PANELS IVPs> Portable, Fixed or Driveoble Bose may be used, or may be ll'()unted on druns. 1. Oppasing Traffic Lone Dividers IOTLOI ore delineation devices designed to convert o normal one-way roadway section to two-way operation. OTLD's ore used on terrporory center I ines. The upward and downward arrows on the sign's face indicate the direction of traffic on either side of the divider. The base is secured to the povement with on adhesive or rubber weight to minimize movement caused by a vehicle irrpoct or wind gust. 2. The OTLD may be used in ccxrbinotion with 42· cones or VPs. 3. Spacing between the OTLO shol I not exceed 500 feet. 42" cones or VPs placed between the OTLO's should not exceed 100 foot spacing. 4. The OTLO shol I be orange with o block non- reflective legend. Sheeting for the OTLO shall be retroreflective Type Bnor Type CrLconforming to Departmental Material Specification OMS-8300, unless noted otherwise. The legend shol I meet the requirements of OMS"8300. OPPOSING TRAFFIC LANE DIVIDERS IOTLD> 18' Min. 36" 1· 12" > Fixed Bose w/ Approved Adhesive IDriveoble Bose, or Flexible Support con be used> I, The chevron shol I be o vertical rectangle with a minirrun size of 12 by 18 inches. 2. Chevrons ore intended to give notice of o sharp change of oligrment with the direction of travel and provide additional errphasis ond guidance for vehicle operators with regard to changes in horizontal al igrment of the roadway. 3. Chevrons, when used, Shol I be erected on the out- side of o shor-p curve or turn, or on the for side of on intersection. They shol r be in line with and at right angles to approaching traffic. Spacing should be such that the motorist always hos three in view, unti I the change in al igrvnent el iminotes its need. 4. To be effective, the chevron should be visible for at least 500 feet. 5. Chevrons shol 1 be orange with a block nonreflec- tive legend. Sheeting for the Chevron shol I be retroreflective Type BrL or Type Cn conforming to Departmental Material Specification DMS-8300, unless noted otherwise. The legend shal r meet the r-equirements of DMS-8300. 6. For Long Term Stationary use on tapers or transitions on freeways and divided highways self-righting chevrons may be used to supplement plastic dn.ms but not to replace plastic druns. CHEVRONS LONGITUDINAL CHANNELIZING DEVICES <LCD> GENERAL NOTES 1. Work Zone channelizing devices illustrated on this sheet may be installed in erase proximity to traffic and ore suitable for use on high or low speed roadWoys. The Engineer/Inspector sho11 ensure that spacing and placement is uniform and in accordance with the "Texas Manual on Uniform Traffic Contr-01 Devices" ITMUTCDJ. 2. Channelizing devices shown on this sheet may hove o driveoble, fixed or portable base. The re(1.Jirement for self·ri9hting channelizing devices rrust be specified in the General Notes or other pion sheets. 3, Channelizing devices on self-rightin9 supports should be used in work zone areas where chonnelizlng devices or-e freQuently impacted by errant vehicles ar-vehicle related wind gusts rnoking al igrvnent of the channelizing devices difficult to maintain. Locations of these devices sho11 be detailed else- where in the plans. These devices shol I conform to the TMUTCD and the "Compliant Work Zone Traffic Contr-01 Devices List· ICWZTCD). 4. The Contractor shol I maintain devices in a clean condition and replace danoged, nonreflective, faded, or broken devices and bases os reQuired by the Engineer/Inspector. The Contractor shol 1 be required to maintain proper device spacing and 01 igrvoont. 5. Portable bases shol 1 be fobricoted from virgin and/or recycled rubber. The portable boses shal I weigh o minirrun of 30 lbs. 6. Pavement surfaces shol l be prepared in o manner that ensures proper bonding between the adhesives, the fixed ll'()unt bases and the pavement surface. Adhesives shol I be prepared and opp I ied according to the manufacturer's recoomendat i ans. 7, The instor lotion and removal of channelizing devices shol l not cause detrimental effects to the final pavement surfaces, including pavement surface discoloration or surface integrity. Oriveoble bases shol I not be permitted on final pavement surfaces. The Enoineer/lnspector sho11 approve al I oppl icotion and removal procedures of fixed bases. Minirrun SugQested Moximun Desirable Spocino of Posted Formula Toper Lengths Chonne I izlno Speed ** Devices * 10' 11. 12' Ono On o Offset Offset Offset Toper Tonoent 30 ws 2 150' 165' 1 BO' 30' 60' -35 L•w 205' 225' 245' 35' 10' -265' 40 295' 320' 40' 80' 45 450' 495' 540' 45' 90' 50 500' 550' 600' 50' 100' 55 L=WS 550' 605' 660' 55' 110' -60 600' 660' 720' 60' 120' -65 650' 715' 780' 65' 130' 1. LCDs or-e croshworthy, lightweight, deformable devices that ore highly visible, hove good target value and con be connected together. They ore not designed to contain or redirect o vehicle on iIT()oct. 70 -700' 110' 840' 70' 140' 2. LCOs may be used instead of o I ine of cones or dn.ms. 3. LCOs shall be placed in accordance to application and installation reQuirements specific to the device, and used only when shown on the CWZTCD I ist. 4. LCOs should not be used to provide positive protection for obstacles, pedestrians or workers. 5. LCDs shol l be supplemented with retroreflective del ineotion as reQUired for teIT()Orory barriers on BC!7J when placed roughly porot lel to the travel lanes. 6. LCOs used as barricades placed perpendicular to traffic should have at least one row of reflective sheetino meetinQ the requirements for barricade roils os shown on BCl\Ol placed near-the top of the LCD along the ful I length of the device. WATER BALLASTED SYSTEMS USED AS BARRIERS 1. Water bol losted systems used as barriers shol I not be used solely to channelize rood users, but also to protect the work space per the oppropriote NCHRP 350 croshworthiness requirements based on roadway speed and bor-rier oppl icotion. 2. Water bol lasted systems used to channelize vehicular traffic shol I be supplemented with retroreflect ive det ineotion or channelizing devices to improve daytime/nighttime visibility. They may also be supplemented with pavement markings. 3. Water bol losted systems used as barriers shol I be placed in accordance to oppl icotion and instol lation requirements specific to the device, ond used only when shown on the CWZTCO list. 4. Water bol losted systems used os barriers should not be used for o merging toper except in low speed Uess than 45 MPHJ urban areas. When used on o toper in o low speed urban area, the toper shol 1 be del lneoted ood the toper length should be designed to optimize rood user operations considerino the available geometric conditions. 5. When water bol losted systems used os barriers hove blunt ends exposed to traffic, they should be attenuated as per manufacturer reconmendotions or flared too point outside the clear zone. If used to chonnerize pedestrians, longitudinal channelizing devices or water ballasted systems fl'lJSt hove o continuous detectable bottom for users of long cones and the top of the unit shol I not be less than 32 inches in height. HOLLO* OR *ATER BALLASTED SYSTEMS USED AS LONGITUDINAL CHANNELIZING DEVICES OR BARRIERS ~ 750' 825' 900' 75' 150' 80 800' 880' 960' 80' 160' **Toper lenoths hove been rounded off. L•Lenoth of Toper IFT.) W•Width of Offset IFT.) S•Posted Speed lt.IPHJ SUGGESTED MAXIMIAA SPACING OF CHANNELIZING DEVICES AND MINIMUM DESIRABLE TAPER LENGTHS SHEET 9 OF 12 4 • I Texas Department of Transportation Traffic Operations Division Standard BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES f!LE: bC-13.dgi ©T:<lJO!___!!ovenDer 2002 9-07 7-13 REVfSIOllS BC<9>-13 n, TxOOT ow' TxOOT cK' TxOOT corn SECT JOB ~lG!!HAY 1--+------j DlSl COUii TY SHEU !10. 0~1...~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .... ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.,.,'!l",...~~~~~~ ..... ~ .... ~~~~~~ .... ~~-' Page 78 of 506 TYPE 3 BARRICADES 1. Refer to the COl'l'()liant Work. Zone Traffic Control Devices List lCWZTCOI for detoi Is of the Type 3 Barricades and a I ist of al I materials used in the construction of Type 3 Barricades. 2. Type 3 Barricades shal I be used at each end of construction projects closed to ol I traffic. 3. Barricades extending across o roadway should hove stripes that slope downward in the direction toward which traffic must turn in detouring, When both right and left turns ore provided, the chevron striping may slope downward in both directions from the center of the barricade. Where no turns ore provided at o closed rood striping should slope downward in both directions toward the center of roadway. 4. Striping of roi Is, for the right side of the roadway, should slope downward to the left, For the left side of the roadway, striping should slope downward to the right. 5, Identification markings may be shown only on the bock of the barricade roi Is, The moxim..rn height of letters and/or COfl'POny logos used for identification sholl be 1". 6. Barricades shol I not be placed pora11er to traffic unless on adequate clear zone is provided. 7, Warning I ights shol l NOT be insto1 led on barricades. 8. Where barricades require the use of weights to keep from turning over, the use of sandbags with dry, cohesionless sond is recoomemded. The sondbogs wi 11 be tied shut to keep the sand frcm spi 11 ing and to rnointoin o constant weight. Sond bogs shol t not be stocked in o manner that covers any portion of o barricade roi rs reflective sheeting. Rock, concrete, iron, steer or other s~I id objects wi 11 NOT be, permitted. sandbags should weigh o minurun of 35 lbs and o mox11run of 50 lbs, Sandbags shol I be mode of o durable material thot tears upon vehicular impact. Rubber <such as tire inner tubes) shol I not be used for sondbogs. Sandbags shol I only be placed along or upon the bose supports of the device ond shol I not be suspended obove ground lever or hung with rope, wire, chains or other fost~ners. , 9. Sheeting for barricades shol I be retroreflect1ve Type A conform1n9 to Departmental Moteriol Specification DMS-8300 unless otherwise noted. Barricades shal I NOT Each roodWay of o divided highway shol l be borr i coded in the sane monner, PERSPECTIVE VIEW Rll ·2 ··~ The three rai Is on Type 3 barricades shol I be reflectorized orange and reflective white stripes on one side facing one·woy traffic and both sides for two·woy traffic. ______ __,, Borricode striping should slant downward in the direction of detour, I. Signs should be mounted on independent supports ot o 7 foot mounting height in center of roadway. The signs should be o minirrum of 10 feet behind Type 3 Barricades. 2. Advance signing shol I be os specified elsewhere in the plans. ~ 8' max. length Type 3 Barricades PLAN VIEW 8 PLAN VIEW Typical Plastic On.m PERSPECTIVE VIEW These druns ore not required on one·woy roadway I. Where positive redirectionol copob i I i ty is provided, dn.ms rnoy be omitted. 2. Plastic construction fencing may be used with druns for safety os required in the plons. 3. Vertical Panels on flexible support moy be substituted for druns when the shoulder width is less than 4 feet. 4. When the shoulder width is greater thon 12 feet, steady-burn I ights may be omitted if dn.ms ore used. 5. Drums lllJSt extend the length of the culvert widenimJ. <JD LEGEND Plastic dr"un Plastic drun with steady burn light or yellow warning reflector Steady burn warning 1 lght or ye! low warning reflector ' Increase nurber of plastic druns on the side of approaching traffic if the crown width makes it necessor"y, <minimun of 2 and rnoximun of 4 crrunsl be used as o sign support. TYPE 3 BARRICADE <POST AND SKIDI TYPICAL APPLICATION CULVERT WIDENING OR OTHER ISOLATED WORK WITHIN THE PROJECT LIMITS , .. I nominal TYPICAL L'.h· ~ Minimum I Width of Ref rect i ve Sheeting 7 inches. STRIPING DETAIL FOR BARRICADE RAIL 4' min,, 8' mox. ... "JE::::::iQ· '\.. Flot rai I Stiffener may be inside or outside of support, but no more than z stiffeners snol I be al lowed on one barricade. TYPICAL PANEL DETAIL FOR SKID OR POST TYPE BARRICADES 28" min. _J Two-Piece cones CD Altlern:~•50r0o.x. Oruns, vertical panels or 42" cones App 50 r?" AltelrnotG)eCJD I at 50' maxinun spacing I \ ~,~--4-><~~~-==~=---~~~><<--'~> i •;;·, ',:;yaD\<JD (T\ M~~;r':i:7 bor~~ 5IOCKPILE ~~ On one-way roods D Desirable D ] o~D O downstrean druns stock.pi le location Channelizing devices para I le I to traffic or barricade may be is outside should be used when stockpile is omitted here clear zone. within 30' from travel lone. min. min. min. min, min. min. min. CONES orange white orange "';~"-4" White / \ 6" min. 2" min, 4" min. 28" min. I2" mox,T 3" min. 2" to 6" 3" min. 28" min. One-Piece cones Tubular Mor"ker 28" Cones shol I hove a minimun weigit of 9 1/2 lbs. 42" 2-piece cones shal I hove o minimum weight of 30 lbs. including base. 1. Traffic cones ond tubular markers shol I be predominantly orange, and meet the height and weight requirements shown above. 2. One-piece cones hove the body and base of the cone molded in one consol idoted unit. Two-piece cones hove o cone shaped body and o separate rubber base, or bol last, that is added to keep the device upright ond in place. 3. Two-piece cones rnoy hove o hondle or loop extending up to 8" above the minirrun hei9ht shown, in order to oid in retrieving the device. 4. Cones or tubular markers used at night shol 1 hove white or white ond orange reflective bonds os shown above. The reflective bonds shol 1 hove a smooth, sealed outer surface and meet the requirements of Oeportmentol Material Specification DMS-8300 Type A, 5. 28" cones and tubular markers ore generol ly suitable for short duration and short-term stationary work as defined on BCC41, These should not be used for intermediate-term or long-term stationary work. unless personnel is on-site to rnointoin them in their proper upri9ht position. 6. 42' two-piece cones, vertical panels or druns ore suitable for 011 work zone durations, 7, Cones or tubular markers used on each project should be of the sane size and shape. THIS DEVICE SHALL NOT BE USED ON PROJECTS LET AFTER MARCH 2014, 4' 2" ,. 2" to 4' 2" 4' 42" _J EDGELi NE CHANNELIZER 1, This device is intended only for use in place of o vertical ponel to channelize traffic by indicating the edge of the travel lone. It is not intended to be used in transitions or tapers. 2, This device shol I not be used to separate lanes of traffic !opposing or otherwise) or worn of objects. 3. This device is based on o 42 inch, two-piece cone with on alternate striping pattern: four 4 inch retroreflective bonds, with on approximate 2 inch gap between bonds. The color of the bond should correspond to the color of the edgeline !yellow for left edgeline, white for right edge I inel for which the device is substituted or for which it supplements. The reflectorized bonds shol I be retroreflective Type A conformin9 to Departmental Material Specification OMS-8300, unless otherwise noted. 4, The base lllJSt weiQh a mininun of 30 lbs. SHEET 10 OF 12 •• I Texas Department of Transp~rtation Traffic Operations Division Standard BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES BC< 1 O> -13 FJl[; bc-13. dgn Dll: TxDOl CK• TxDOT !)W• TxDOT CK: TxOOT ©Txoor Noventier 2002 COllT St CT ~· HIGllWAY R£VtSlOllS 9·07 7-13 DIST CDU!IH SHUT llO, Page 79 of 506 Channel !zing Devices <See note 2l.A. Shadow Vehicle with TMA and high Intensity rotating, flashing, oscl I fating 0 1 0 I or strobe lights. CSee notes 4 & 5>--1---1----'----l--'11 TCP (1-1a> • • • L 0 " <> E 0 "' L 0 ... x CW20-1D 48" x 48" CF I ogs- " <> E 0 V> L • > 0 L <:'! x ~ See notes 1 & 7l WORK SPACE NEAR SHOULDER Conventional Roads END ROAD WORK G20-2 48" x 24" CSee note 2)& CW20-1D 48" x 48" IF lags- See note Shadow Vehicle with TMA and high intensity rotating, fl ashing, osol I latlng or strobe l I ghts. 0 I 0 I 110' In. L • u ~ 0 " V> • ... ~~.·· ~,' _,y . ..,,•. .. ,.~ 1'·,1, ~I·:~ '11• ,.i\.~ ·'' ·.:~i "'·~ :~::· CSee notes 4 & 5>-t-+------it" END ROAD WORK G20-2 48" x 24" <See note 21.A. Channelizing Devices <See note 2>.A. • • TCP (1-1 bl Channel izlng Devices <See note ... o>N ;-c • 0·-Cl> x o;- 0 IJ) 0 0 :IE Cl> o.c o• 0 ">~ • • 0 Q)OV> ~ON...,. ' c " 0 V> • 0 0 <> V> " L ~ c " "' ~. li E 21.t. WORK SPACE ON SHOULDER Conventional Roads 1 & 7) Channel lzlng Devices (See note 2) .&:: CW20-1 D 48" x 48" <Flags- See note 1 l Work vehicles or other equipment necessary for the work operation, such as trucks, moveable crones, etc., shal I remain In areas separated from lanes of traffic by channe I i zot ion devices at al I times. Shadow Vehicle with TMA and high Intensity rotating, flashing, oscl I lat Ing or strobe I I ghts . • 10' I 'Ml~ . END ROAD WORK G20-2 48" x 24" (See note 2l .A. " ~ Inactive work 0 vehlcle U'> <See Note 3>1 .~I ~· CSee notes 4 & 5)--+-+--~~--j Channel !zing Devices <See note 2l A END ROAD WORK G20-2 48" x 24" <See note 2l .6. TCP (1-1c) WORK VEHICLES ON SHOULDER Conventional Roads LEGEND = Type 3 Barricade •• Channa I I z Ing Dev 1 ces DIP Heavy Work Vehicle 12§;] Truck Mounted Attenuator CTMA> ~ Tra I I er Mounted @ Portable Changeable Flashing Arrow Boord Message Sign CPCMS) ...... Sign <? Traffic Flow (\ Flag ~ Flogger Mlnlrron Desirable Suggested Moxlnum Mlnlmt.m Spoolng of Suggested Posted Fonnulo Toper Lengths Sign Chonne I I zing Lonoftudlnal Speed Spacing ** Devices "X" Buffer Space * lO' 11' 12' on o Ono Distance "B" Offse Offset Offset Toper Tangent 30 ws 2 150' 165' 180' 30' 60' 120' 90' ~ 205' 35' 35 L= 225' 245' 70' 160' 120' '"40 60 265' 295' 320' 40' 80' 240' 155' 45 450' 495' 540' 45' 90' 320' 195' '50 500' 550' 600' 50' 100' 400' 240' r--ss L=WS 550' 605' 660' 55' 110' 500' 295' 60 600' 660' 720' 60' 120' 600' 350' 65 650' 715' 780' 65' 130' 100' 410' 70 700' 770' 840' 70' 140' 800' 475' 75 750' 825' 900' 75' 150' 900' 540' *Conventional Roads Only ** Taper I engths hove been rounded off . L=Length of Taper<FT) W=Width of OffsetCFTl S=Posted SpeedCMPH> TYPICAL USAGE MOBILE SHORT SHORT TERM INTERMEDIATE LONG TERM DURATION STATIONARY TERM STATIONARY STATIONARY ~ ~ GENERAL NOTES I. Flogs attached to signs where shown ore REQUIRED. 2. Al I traffic control devices II lustroted ore REQUIRED, except those denoted with the triangle syrrbol may be omitted when stated elsewhere in the plans, or for routine maintenance work, when approved by the Engineer. 3. Inactive work vehicles or other equipment should be parked near the right-of-way line and not parked on the paved shoulder. 4. A Shadow Vehicle with a TMA should be used anytime It can be positioned 30 to 100 feet rn advance of the oreo of crew exposure without adversely affecting the performance or quality of the work. If workers ore no longer present but road or work conditions require the traffic control to remain In place, Type 3 Barricades or other chonnellzlng devices may be substituted for the Shadow Vehlole and TMA. 5. Additional Shadow Vehicles with TMAs may be positioned off the paved surface, next to those shown in order to protect wider work spaces. 6. See TCP(5-1lfor shoulder work on divided highways, expressways and freeways. 7. CW21-5 "SHOULDER WORK" signs may be used in place of CW20-10 MROAD WORK AHEADM signs for shoulder work on conventional roadways. For construction or maintenance contract work, specific project requirements for shadow vehicles con be found in the project GENERAL NOTES for Item 502, Barricades, Signs and Traffic Handling. l~Texas Department of Transportation Traffic Oporq/fons Division 1 & 1) TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP<1-1l-12 © TxDOT Oece!lber 1985 011, TXOOT CK' TXOOT ow' TXOOT CK1 TXOOT AEVISlONS CWT SECT HIGHWAY DIST COO/HY SHEH IID. Page 80 of 506 Warning Sign Sequence in Opposite Direction Some as Below TO ONCOMING TRAFFIC R1-2oP 48" x 36" <See note Bl Channelizing devices separate work space from traveled way~~~~ • ' • •l· ... ~. :,.·:~: -::!"::·· ... ·••'I .. ~~·•,"1 }' .. r.,, . ,!, ... ;::~Zf, ~;.'.-.. ~· I -~ o-• n • • ~ I • I ,. • • • m c '=' 0 "' ;,, ..... x ..... x END ROAD WORK G20-2 48" x 24" ~~~~--shadow Vehicle with TMA and high intensity rotating, flashing, osci 11oting or strobe O> ~c 'O•-x 0 owo ,,.,, ow o·;. o•o -ON 1 i ghts. CSee notes 5 & 6> RI -2 42"X42"X42" TO R1-2oP ONCOMING 48" x 36 .. TRAFFIC <See note B> '-===="' CW3-2 48" x 48" CW20-40 48" x 48" TCP (1-2al ONE LANE CONTROL WITH TWO-WAY YIELD SIGNS CW20-1 D 48" x 48" fF 1ags- See note I J CW3-4 48" x 48" !See note Except in emergencies, flogger stations shol I be i I luminoted at night Shadow Yeh i c I e with TMA and high intensity rotating, flashing, osci I loting or strobe I ights, • I • !See notes 5 & 6J -;~~~-;~ Except in emergencies, flogger stations shol I be i I luninoted • ~ I" • I • at nlght~~~~~t--~~~-"'f\I • END ROAD WORK G20-2 48" x 24" 0 "' "' c " 0 "' . ·-· ..... ..... / / "' +C • O•-x 0 owo " . " •• ':!.ti) 0 >-o•o -ON TCP (1-2bl / CW20-1 D 48" x 48" / IF loc;1s- See note I> / G20-2 48" x 24" 2>& 2>& LEGEND = Type 3 Borr icode •• Channelizing Devices CJLb Heavy Work Vehicle Cl§J Truck Mounted Attenuator ITMAI ~ Troi ler Mounted @ Portable Changeable Flashing Arrow Boord Message Sign IPCMSl ..... Sign <::i Traffic Flow °' Flog !lo Flogger MinilfU!l Suggested Moximun Minirrun Desiroble Spacing of Sign sugoested Stopping Posted Fonrulo Toper Lengths Chonnel iz ino Longitudinal Sight Speed Spocino ** Devices "X" Buffer Space DisTonce * 12' ·a·· 10' II' On 0 On o Distance orrse orfseT Offset Toper Tangent 30 ws 2 150' 165' 180' 30' 60' 120' 90' 200' 35 205' 225' 245' 35' 70' 160' 120' 250' 40 L= 6()'" 265' 295' 320' 40' BO' 240' 155' 305' 45 450' 495' 540' 45' 90' 320' 195' 360' 50 500' 550' 600' 50' 100' 400' 240' 425' 55 L =WS 550' 605' 660' 55' 110' 500' 295' 495' 60 600' 660' 720' 60' 120' 600' 350' 570' 65 650' 715' 780' 65' 130' 700' 410' 645' 70 700' 770' 840' 70' 140' 800' 475' 730' 75 750' 825' 900' 75' 150' 900' 540' 820' *Conventional Roods Only **Toper lengths hove been rounded off. L:Length of ToperCFTl W:Width of OffsetlFT> S•Posted SpeedlMPHl TYPICAL USAGE MOBILE SHORT SHORT TERM INTERMEDIATE LONG TERM DURATION STATIONARY TERM STATIONARY STATIONARY ~ ~ GENERAL NOTES I. flogs attached to signs where shown ore REQUIRED. 2. All traffic control devices i I lustroted ore REQUIRED, except those denoted with the triangle s)lllt>ol may be omitted when stated elsewhere in the plans, or for routine maintenance work, when approved by the Engineer. 3. The CW3-4 "BE PREPARED TO STOP" sign moy be instol led ofter the CW20"4D "ONE LANE ROAD AHEAD" sign, but proper sign spocirn;i shol I be mointoined. 4. Sign spacing may be increased or on additional CW20-1D "ROAD WORK AHEAD" sign may be used if advance warning ahead of the flogger or Rl-2 "YIELD" sign is less than 1500 feet • 5. A Shadow Vehicle with o TMA should be used anytime it con be positioned 30 to 100 feet in advance of the area of crew exposure without adversely affecting the performance or quality of the work. If workers ore no longer present but rood or work conditions require the traffic control to remain in place, Type 3 Barricades or other channelizing devices may be substituted for the Shadow Vehicle and TMA. 6. Additional Shadow Vehicles with TMAs may be positioned off the paved surface, next to those shOwn in order to protect wider work spaces. TCP (l-2ol 1. Rl-2 "YIELD" sign traffic control moy be used on projects with approaches that hove adequate sight distance. for projects in urban areas, work spaces should be no longer than one half city block. In rural areas on roadways with less than 2000 ADT, work spaces should be no longer than 400 feet. 8. Rl-2 "YIELD" si9n with Rl-2oP nTO ONCOMING TRAFFIC" plaque shall be placed on o support at o 7 foot minimun mountino heioht. TCP <l-2b> 9. Floooers should use two"woy radios or other methods of cOOTll.lnicotion to control traffic • 10. Length of work space should be based on the obi lity of floggers to corrmunicote, 11. If the work space is located near o horizontal or vertical curve, the buffer distances should be increased in order to maintain adequate stopping sight distance to the flogger and o Queue of stopped vehicles lsee table above>. 12. Channelizing devices on the center"line moy be omitted when o pilot cor is leading traffic and approved by the Engineer. 13. floggers should use 24" STOP/SLOW paddles to control traffic. Flogs should be I imited to emergency situations. For construction or maintenance contract work, specific project requirements for shadow vehicles con be found in the project GENERAL NOTES for Item 502, Barricades, Signs and Traffic Hand I ing. ..-~~--..,.~~~~~~~~~~~~~~--! l....trexas Department of Transportation Traffic Operations Division TRAFFIC CONTROL PLAN ONE-LANE TRAFFIC TWO-WAY CONTROL TCPC1-2l-12 © TxOOT Oecerrt>er 1965 om IXOOT CK: rxoor 0111 TXOOT CK• TXOOT CONT SECT KIGllllAY DIST COl)NTY S~EET NO. Page 81 of 506 CW20-10 48" x 48" <FI ogs- See note 1) CW13-1P 24" x 24" <See note 2>.A CW1 -4R 48" x 48'' x I N ~ • • x • ~ N ' L END • u , ROAD WORK 0 .c G20-2 V> 48" x 24" "' ~ x N 0 ' L "' "' N ., ' x Shadow Vehicle wlth-~~~~~-1--i;-~-:,~~ TMA and high Intensity rotating, floshlng, osc i I I at Ing or strobe l lghts. (See notes 6 & 7) CW1-6oT 36" x 36" x <See note 2>.A 7 END / 020-2 ROAD WORK 48" x 24" • • i;sf. • •• • • • • • ..... • ••• Flogger as needed {See rote 3) x ..... __ __,.._..._ x N TCP <1-3al 2-LANE ROADWAY WITH PAVED SHOULDERS ONE LANE CLOSED CW3-4 48" x A ~-7 48" x 48" .... CW20-1D 46" x 48" CF logs- See note 1 l For either TCP<1-3o> or TCP<1-3bl USE ONLY WHEN FLAGGERS CONTROL TRAFFIC <See Notes 2 & 3> Shadow Vehicle with TMA and high Intensity rotating, flashing, osc I I I at Ing or strobe I ights. <See notes 2 & 6l A 48" x 48" CW13-1P 24" x 24" CSee note 2>.6. Channel !zing devices placed across closed lone (See note 5>--------jf---1"----1~~ G20-2 46" x 24" END ROAD WORK x ~ N ' ..... . • • ~ 5 • • 6i Flogget"" os needed (See rote 3) • TCP C1-3bl ' ' ' 0 Oo "' - x N CW13-1P 24" x 24" <See note 2>.A 2-LANE ROADWAY WITH PAVED SHOULDERS LEGEND = Type 3 Barri code •• Channel !zing Devices DP Heavy Work Vehicle ~ Truck Mounted Attenuator (TMAl ~ Trailer Mounted @ Portable Changeable Flashing Arrow Boord Message Sign fPCMS) .... Sign <? Traffic Flow °' Flog rro Flogger Minlrwn Suggested Moxlrrun MlnlllUll Desirable Spacing of Suggested Sign Posted Formula Taper lengths Channel !zing longltudlnol Speed Spoolng ** Devices •x" Buffer Space * 10' 11' 12' On a On 0 "B" Offse Offset Offset Toper Tangent Distance 30 ws 2 150' 165' 180' 30' 60' 120' 90' ~ ~ L·w 205' 225' 245' 35' 70' 160' 120' 40 265' 295' 320' 40' 80' 240' 155' ,_iS_ 450' 495' 540' 45' 90' 320' 195' ~ 500' 550' 600' 50' 100' 400' 240' ~ L•WS 550' 605' 660' 55' 110' 500' 295' ~ 600' 660' 720' 60' 120' 600' 350' ~ 650' 715' 780' 65' 130' 700' 410' ~ 700' 770' 840' 70' 140' 600' 475' 75 750' 825' 900' 75' 150' 900' 540' * Conventional Roods Only **Topel"" lengths have been rounded off. l=length of ToperCFTl W=Wldth of Offset<FT> S=Posted SpeedCMPHl TYPICAL USAGE MOBILE SHORT SHORT TERM INTERMEDIATE LONG TERM DURATION STATIONARY TERM STATIONARY STATIONARY ./ ./ GENERAL NOTES 1. Flogs attached to signs where shown are REQUIRED. 2. Al I traffic control devices illustrated ore REQUIRED, except those denoted with the trlongle syrrbol may be omitted when stated elsewhere in the plans, or fol"" routine maintenance work, when approved by the Englneet"". 3. Flogger control should NOT be used unless t""oodway conditions or heavy traffic volt.me t""equit""e additional emphasis to safely control traffic. Addltlonal floggers may be positioned In advance of traffic queues to o I ert troff Io to redUce speed. 4. DO NOT PASS, PASS WITH CARE and construction regulatory speed zone signs may be Installed downstream of the ROAD WORK AHEAD signs. 5. When the work zone is made up of several work spaces, channelizing devices should be placed laterally across the closed lane to re-emphasize closure. lateral ty placed chonnellzlng devices should be repeated every 500 to 1000 feet In urban areas and every 1/4 to 1/2 ml le In rural areas. 6. A Shadow Vehicle with a TMA should be used anytime it con be positioned 30 to 100 feet in advance of the area of crew exposure without adversely affecting the performance or quality of the work. If workers are no longer present but road or work conditions require the traffic control to remain In place, Type 3 Barricades or other ohannellzlng devices may be substituted for the Shadow Vehlole and TMA. 7. Additional Shadow Vehicles with TMAs moy be positioned off the paved surface, next to those shown in order to protect wider work spaces • 8. Where traffic Is directed over a yellow centerline, channel lzlng devices which separate two-way traffic should be spaced on tapers at 20', or 15' if posted speed ore 35 mph or slower, and for tangent sections, at 1/25 where S is the speed in mph. This tighter device spacing is intended for the area of conflicting markings not the entire work zone • For construction or maintenance contract work, specific project requ I rements for shadow veh I c I es can be found In the project GENERAL NOTES fat"" Item 502, Barricades, Signs and Tt""afflc Hand I Ing. l~Texas Department of Transportation Traffic Operaf/()/)$ Division TRAFFIC CONTROL PLAN TRAFFIC SHIFTS ON TWO LANE ROADS TCP(1-3l-12 ©TxDOT Decoober 1985 11111 TXOOT CK1 TXOOT DI!: TXOOT CX• TXOOT R£VISIOllS ONE LANE CLOSED 2-94 2-12 CONT SECT ~· HIGHWAY ~~ INADEQUATE FIELD OF VIEW ::;; <C...... 4-98 ADEQUATE FIELD OF VIEW SH€£T llO .. DIST COUNTY O"-L-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~....L~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~...JL--~~~~~~~~~~-+--,-,,~~~~~~~~...J..~-'-~~~~~~--L~~~....I Page 82 of 506 ,.; ~L0 coo o> C0 ~ ,..o+ oo- ~~8 C+L K 0 ,_ LL G20 2 L OD O'>-C 48" x 24" 3: »+= o+-z-o -· ·-· ,, olo o Io ; .0 L • +-• " o•• • <58 0. • o.~ E o• L 0 ·-· 0"' +L"O Eg5 ,; L Ii:~ ~ .. 0 0 L L ~ <>~+ • • c -"' L u u ·-" L 0 x L00 ... " " ••• 0 0 OOL ... x 0 0 L c " " 0 0. •-f--+ x ~ V> V> 00. <>00 coo _., W~t • 0 •• 0 .o XLC ··-• >-> : Q) L 00 • ..... ,;+ +_g5 t ~· I .0 Q)~ -o•o ~ 8.~ LLO • • ii'" . ~ L . • <>M • 0 c,; c 0 oo+ 0. ·-0 • Q,_ V> L Shadow Vehicle with ~"' -oOO I: "' L,_+ TMA and high intensity L -81--1:1 rotating, fl ashing, 0 cOL "' ooo oscillating or strobe +x-o (l)t-5 1 lghts. CSee notes 4 Si 5) OM • ·-.0 II) ~ ;: fl) (I) .., __ • ':)g;: ..... r. 0-0 "-oc oco ,;-->-><• & • w • a "" • _, • 0 • :'! 0 • • • ~ _, •• ~ ' x ..... L L x • • u u " " ..... 0 0 " " V> olo olo V> G20-2 48" x 24" TCP < 1-4al ONE LANE CLOSED <See note 7) Shadow Vehicle with TMA and high Intensity rotating, flashing, osc i t I at Ing or strobe 1 lghts. <See notes 4 & 5> END ROAD WORK G20-2 48" x 24" x ,.. • • L • u ~ ~~--t~-+~:·~lu-~~--jf---t~~~T "' L • u " ~ V> TWO • • • • I\ • ~I • • rt • o~ • • • • • "' _, c N•- '"' • ii ··.~ x ..&.- ..... ..... x ..... TCP C1-4bl LANES CLOSED END ROAD WORK G20-2 48" x 24" CW13-1P 24" x 24" <See note 2) ..6. ""' LEGEND = Type 3 Barricade •• Chonnellzlng Devices Truck Mounted DP Heavy Work Vehicle [l§J Attenuator (TMA> @ Tro f I er Mounted @ Portable Changeable Flashing Arrow Board Message Sign CPCMS) ..... Sign <} Traffic Flow °' Flog D.o Flogger Minimum Suggested Maximum Mini mun Desirable Spacing of Suggested Posted Formula Taper Lengths Channel I zing Sign Lonoltudlnol Speed ** Devices Spacing Buffer Space * "X" 10' 11' 12' On o On a Distance "B" Offse Offse Offset Toper Tangent 30 ws 2 150' 165' 180' 30' 60' 120' 90' 35 L=-205' 225' 245' 35' 70' 160' 120' 40 60 265' 295' 320' 40' 80' 240' 155' 45 450' 495' 540' 45' 90' 320' 195' 50 500' 550' 600' 50' 100' 400' 240' 55 L=WS 550' 605' 660' 55' 110' 500' 295' 60 600' 660' 720' 60' 120' 600' 350' 65 650' 715' 180' 65' 130' 100' 410' 100' 770' 840' 70' 140' 800' 475' 750' 825' 900' 75' 150' 900' 540' * Conventlonol Roads Only 1* Toper lengths hove been rounded off. L=Length of TaperCFT> W=Wldth of Offset<FT> $=Posted SpeedCMPH) TYPICAL USAGE SHORT SHORT TERM INTERMEDIATE LONG TERM MOBILE DURATION STATIONARY TERM STATIONARY STATIONARY ./' ./' GENERAL NOTES 1. Flags attached to signs where shown are REQUIRED. 2. All traffic control devices Illustrated are REQUIRED, except those denoted with the triangle syrrbol may be omitted when stated elsewhere In the plans, or for routine maintenance work, when approved by the Engineer. 3 • The CW20-10 "ROAD WORK AHEAD" sign may be repeated If the visibility of the work zone Is less than 1500 feet • 4 • A Shadow Vehicle with a TMA should be used anytime It con be positioned 30 to 100 feet In advance of the area of crew exposure without adversely affecting the performance or quality of the work. If workers ore no longer present but road or work conditions require the traffic control to remain in place, Type 3 Barricades or other channelizing devices may be substituted for the Shadow Vehicle and TMA. 5. Additional Shadow Vehicles with TMAs may be positioned off the paved surface, next to those shown in order to protect wider work spaces. TCP C1-4ol 6. If this TCP is used for a left lone closure , CW20-5Tl "LEFT LANE CLOSED" signs shal I be used and channelizing devices shall be placed on the centerline where needed to protect the work space from opposing traffic with the arrow panel placed In the closed lane near the end of the merging toper • TCP C1-4bl 7. Where traffic is directed over a yellow centerline, channelizing devices which separate two-woy traffic should be spaced on tapers at 20' or 15' if posted speeds ore 35 mph or slower, and for tangent sections, at 1/25 where S Is the speed In mph. This tighter device spacing Is Intended for the areas of conflicting markings, not the entire work zone. For construction or maintenance contract work, specific project requirements for shadow vehicles con be found in the project GENERAL NOTES for Item 502, Barricades, Signs and Trofflo Hondl Ing. ~I Texas Department of Transportation Traff/a Opcrollons Division TRAFFIC CONTROL PLAN LANE CLOSURES ON MULTILANE CONVENTIONAL ROADS TCP(1-4l-12 ©TxDOT Decerrber !985 ON• TXOOT CK• TXOOT OW• TXOOT CK1 TXOOT REYJS!OHS COllT $€CT JOO HIGHllAY SHEU llO. Page 83 of 506 '.,; »C• c•o 0 i: (/} ~o.-oo- ~l8 c<-C 0 ~ cc co~ o~C END )I:;.,'.;: c c O<--• 0 0 • z-o ROAD WORK " I " -· ·-· 0 0 " .OL G20-2 _g 0 ,__ " o•• 48" x 24" ,,, ,,, ~c• • 4>&g .~:n' •''!·~, ·.,,,, <-CU c c :.1-· .t ,.:~. 8oL • 0 0 • •:-"':'/.: .iv.··. cco " " t :~:·:~'1 ~·:',:•. ~ .. 0 0 N• ,.1 g~:!: 0 I 0 I• ,.j ,i'" . ~:i.:~ " " }. ·.~ ..... ·-::J::J ~,., ;•~'/< c•• ,,, ,,, ". ••• . . ooc c • _,_,_ <>00 coo c 5)~ W~t • 0 " (See notes 4 & 0 .o xcc 0 o»Q)•->-> 0 "'11L .,, 00 ··~ EXIT t~ r:<-: .. ia ~ ..a Ql.e • U00 E5-1 ~&t 48" x 42" cco • . ,~ > 0. • 0 c • ~"· er: • 0 O<-t. •-L 0 c uoo ~~tf~ 0 C'H c '81--0 " • coc " • ooo •"'-;.):;'\ " <-XU . ~:~~~ • • 11)1-6 0 0 • . ,,,_ 0. ·-.0 (/} '~ ~ ' ~. i ~ ,,, :t= Q) II) "' • '0-c bg~ 0 1 3' ··~ •-0 0 u c oco r:--• • >--". c m 0 • ii w " • " • ...... :; " • ~ • j·. u • !': • 0 0 c • • " • :> • • 0 • • " ~ ,,, ~ • • ~ ' • • 0 CW20-5TR 0 48" x 48" 0 0 0 "' CW20-5TR See TCP<1-5o) 0 48" x 48" 0 0 0 for traffic "' control N devices for lone closure\ 0 lo See TCP<1-5ol for advance warning signs for lone closure CW20-1F 48" x 48" <Flags- TCP < 1 -5a l See note 1 > TCP ( 1 -5b) ONE LANE CLOSURE LANE CLOSURE NEAR EXIT RAMPS WW >-~ ~~ ow. ~See TCP'1-5ol J for advance warning signs for lone closure CW25-1 T 48" x 48"A LEGEND = Type 3 Borr Icade •• Channelizing Devices DP Heavy Work Vehicle l<i!'!iJ Truck Mounted Attenuator <TMA> @ Tro i I er Mounted @ Portable Changeable Flashing Arrow Boord Message Sign CPCMS> ..... Sign <? Traffic Flow °' Flog llo Flogger MlnllTUTl Suggested Moxlrrl.lfl Mlnlmt..m Deslroble Spacing of Suggested Posted Formula Toper lengths Sign Speed Channelizing Spacing long 1 tud I no I ** Devices Buffer Space * "X" 10' 11' 12' Ono On o Distance "B" Offse Offse Offset Toper Tangent 30 ws 2 150' 165' 180' 30' 60' 120' 90' 35 L=w 205' 225' 245' 35' 70' 160' 120' 40 265' 295' 320' 40' 80' 240' 155' 45 450' 495' 540' 45' 90' 320' 195' 50 500' 550' 600' 50' 100' 400' 240' 55 L=WS 550' 605' 660' 55' 110' 500' 295' 60 600' 660' 720' 60' 120' 600' 350' 65 650' 715' 780' 65' 130' 700' 410' 70 700' 770' B40' 70' 140' 800' 475' 75 750' 825' 900' 75' 150' 900' 540' * Convent i ona I Roads Only **Taper lengths have been rounded off, L=Length of ToperCFT) W=Width of Offset(FT> s~Posted Speed!MPH) TYPICAL USAGE MOBILE SHORT SHORT TERM INTERMEDIATE LONG TERM DURATION STATIONARY TERM STATIONARY STATIONARY ,/' GENERAL NOTES 1. Flogs attached to signs where shown, ore REQUIRED. 2. All traffic control devices II lustrated are REQUIRED, except those denoted with the triangle symbol may be omitted When stated elsewhere In the plans, or for routine maintenance work, when approved by the Engineer • 3. Channelizing devices used to close lanes may be supplemented with the Chevron Alignment Sign placed on every other channelizing device. Chevrons may be attached to plastic drLITIS as per BC Standards • 4. Shadow Vehicle with TMA and high Intensity rotating, flashing, oscll latlng or strobe lights. A Shadow Vehlcle with a TMA should be used anytime It con be positioned 30 to 100 feet In advance of the area of crew exposure without adversely affecting the performance or quality of the work. If workers ore no longer present but road or work conditions require the traffic control to remain In place, Type 3 Barricades or other channelizing devices may be substituted for the Shadow Vehlcle and TMA. 5. Additional Shadow Vehicles with TMAs may be positioned In eaoh closed lone, on the shoulder or off the paved surface, next to those shown In order to protect a wider work space. ,..~_,_ _ __,_ Channe I I z Ing For oonstructlon or maintenanoe contract work, speolflo project requirements for shadow vehicles can be found in the project GENERAL NOTES for Item 502, .... 0 0 .,, TCP ( 1 -5cl Devices at 20' spacing See TCP<1-4a> for lone closure details If a Jone closure Is needed to close a lone which Is normally required to enter the romp • Barricades, Signs and Traffic Hondllng. l~Texas Department of Transportation Truffle Operations D/Vfs/on TRAFFIC CONTROL PLAN LANE CLOSURES FOR DIVIDED HIGHWAYS TCP(l-5)-12 ©TxOOT Februory 2012 llN• TX!lOT CK• lXOOT OW: TXOOT CK< TXOOT LANE CLOSURE NEAR ENTRANCE RAMPS Rtv!SIONS CONT SECT HIGKW~Y !HST coo~n SHEET NO, '" Page 84 of 506 WAIT ON 8 R1-1aT 24" x 30" !See note 14) CW3-4 48" x GO ON 0 R1-8aT 24" x 30" intensity rotating, • I • r r;:;t~: :-:·:.':· • '·'t1:'.~ I .'11;.•J.- flashing, I osci I lating or strobe I i ghts. • <See notes 1 Sc 8) + I >--~~~ • r" • 1• • • ~ • 6 CDs at • 10' spacing----+-~ .. • r 010 END ROAD WORK G20-2 48" x 24" ..... ..... ...... <> +c • o·-c x 0 owo """ " ow 0 (:,';, O•O "' -ON ..... x x x TCP <1-6al / G20-2 CW20-10 48" x 48" CF lags- See note 1) 48" x 24" 6 cos at 10' spacing WAIT [i] ~0-N 0N ~8 R1-1aT 24" x 30" (See note R1 -8aT 14) 24" x 30" 48" ONE LANE TWO-WAY CONTROL WITH SIGNS/SLOW AFADs Rl0-6 24" x 36" tSee note 15> CW3-4 48" x 48" STOP HERE ON RED , Shadow Vehlcle with TMA and high Intensity rotating, fl ashing, osci I lating or strobe I i ghts. • I • / ,/ . <See notes 1 Sc 8> --j----t- • ~ r" • 1• • • 6 cos at ~ • 10' spacing---+--~ .. c • r" 010 END ROAD WORK G20-2 48" x 24" ..... ...... ...... ...... " .,_ c c • O•-x 0 owo " " • 0. ow 0 Q';, LO 0 QlO -ON 0 N x CW20-10 48" x 48" (Flags- See note 1 > END ROAD WORK G20-2 48" x 24" 6 CDs at 10' spacing STOP HERE ON RED Jj...tl/////I> R10-6 W' 24" x 36" i----' <See note 15> 48" TCP (1-6bl ONE LANE TWO-WAY CONTROL WITH RED/YELLOW LENS AFADs iz:::z:z::z::21 Type 3 Barricade Heavy Work Vehicle Automated Flogger Assistance Device CAFAD> ..&.. Sign (\ Flog LEGEND • • Channel izlng Devices (CDs> Truck Mounted Attenuator CTMA> Portable Changeable Message Sign CPCMS) Traffic Flow Flogger Mlnirm..m Suggested Moxim..rn posted Fonwl a Speed * Oesl;oble Spoolng of Minlm..rn Tape; Lengths Chonnel !;zing Sign ** Devices Spacing 1--~~~~=-+---~----1 "X" suggeeted Longltudlnor Buffer Spaoe "B" stopping Sight Dlstonce 10' 11' 12' On a Ono Oistonce Offse OffsetOffset Tape; Tangent 30 35 40 1 SO' 165' 180' 30' 60' 120' 90' 200' Ws 't-~"71-=oc=-;t-::-:-=o+-~~-+~=-=cc-lf--C7'cc--t--77,-,--f--7=7.---i L=""'6"Q""",_.,,270757',__2725-',__24_5__,',___3~5~'___,f--_7_D_'___,,___16_D_'_+-~-12_D_'_-+-2-S_O_'___, 265' 295' 320' 40' 80' 240' 155' 305' 50 55 60 65 70 75 L=WS 450' 495' 540' 45' 90' 320' 195' 360' 500' 550' 600' 50' 100' 400' 240' 425' 550' 605, 660' 55' 110' 500' 295' 495' 600' 660' 720' 60' 120' 600' 350' 570' 650' 115' 780' 65' 130' 100' 410' 645' 700' 770' 840' 70' 140' 800' 415' 730' 750' 825' 900' 75' 150' 900' 540' 820' * Conventional Roads Only **Toper lengths have been rounded off . l=Length of Taper{FT> W=Wldth of Offset<FT> S=Posted Speed(MPH> TYPICAL USAGE MOBILE SHORT SHORT TERM INTERMEDIATE LONG TERM DURATION STATIONARY TERM STATIONARY STATIONARY ,/ ,/ GENERAL NOTES 1. Flogs attached to signs where shown ore REQUIRED. 2. AFAOs shall only be used in situations where the;e rs one lone of approaching traffic In the dl;eotlon to be controlled. 3. Adequate stopping sight distance must be provided to each AFAD locotlon for approaching traffic. <See table above). 4. Each AFAD shol I be operated by a quollfied/oertified flogger. Floggers operating AFADs shal I not leave them unattended while they ore In use. 5. One flogger moy operate two AFAOs only when the flogger hos on unobstructed view of both AfAOs and of the app;oachlng traffic In both directions • 6. When pilot oars are used, a flogger controlling traffic shall be located on each approach. AFADs shall not be operated by the pilot car operator. 1. Al I AFADs shol I be equipped with gote arms with on orange or fluorescent red-orange flog attoohed to the end of the gate arm. The flog shol I be a mlnlrn.m of 16" square. 8, A Shadow Vehicle with a TMA should be used anytime It con be positioned 30 to 100 feet In advance of the area of crew exposure without odve;sely affecting the perfo;monce or quality of the wo;k, If wo;kers ore no longer present but rood or work conditions require the trofflo control to remorn In place, Type 3 Barricades or other chonnellzing devices may be substituted for the Shadow Vehicle and TMA. 9. Addltlonol Shadow Vehicles wlth,TMAs may be positioned off the paved surface, next to those sho'Wll In order to protect wider work spaces. 10. floggers should use two-way radios or other methods of COllTil.Jnication to control t;affic. 11. Length of work space should be based on the oblllty of floggers to camunicote. 12. If the work space Is located near a horizontal or vertical cu;ve, the buffer distances should be increased in order to maintain stopping sight distance ta the AFAO. 13. Channelizing devices on the center line moy be omitted when a pilot co; Is leading traffic and approved by the Engineer. 14. The R1-1aT "WAIT ON STOP" sign and the R1-8oT "GO ON SLOW" sign shol I be lnstol led at the AFAD location on separate supports or they may be fabricated as one 48" x 30" sign, They shol I not obscu;e the face of the STOP/SLOW AFAD. 15. The R10-6 "STOP HERE ON RED" arrow sign shal I be offset so as not to obscure the tenses of the AFAD. For construction or maintenance contract work, specific project requirements for shadow vehicles can be found in the project GENERAL NOTES for Item 502, Barricades, Signs and Traffic Handling. l~Texas Department of Transportation Troff/a Operations Division TRAFFIC CONTROL PLAN AUTOMATED FLAGGER ASSISTANCE DEVICES (AFADSl TCP(1-6l-12 @TxOOT Febn10ry 2012 ON• TXOOT CK1 TXOOT OW: TXOOT CK• UOOT R£Yl5l0tt5 CO!ll SECT "' HIGHWAY DIST COUNTY SHHT NO. Page 85 of 506 Contract No.___________ General Service Contract Form 08-10-2021 EXHIBIT B PAYMENT SCHEDULE The Contractor must submit monthly invoices to the City, accompanied by an explanation of charges, fees, services, and expenses. The City will pay such invoices in compliance with the Texas Prompt Payment Act. -OR- Payment is a fixed fee in the amount listed in Article I of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The City will pay such invoices in compliance with the Texas Prompt Payment Act. Schedule of Payment for each phase: ✔ Gameday Traffic Control (Price per Game) $19,450.00 per home game. Seven (7) home games. $136,150.00 Gameday Traffic Control (Price per Game)(BuyBoard 10% Discount per day)($1,945.00) ($13,615.00) Discount applied. Not to Exceed $122,535 23300675 Page 86 of 506 Company Accepted By: Kevin Date DateSignature Buyers Barricades Print Name Title Visit Our Website at www.buyersbarricades.com 7/26/2023 Item Description Price UOM Quantity Total Gameday Traffic Control (Price per Game) $19,450.00 Per Each 7 $136,150.00 Gameday Traffic Control (Price per Game)(BuyBoard 10% Discount) ($1,945.00)Per Day 7 ($13,615.00) *Pricing is for Buyers to supply crews for setup of materials provided by COCS for TAMU gameday traffic control* BUYBOARD QUOTE Contract #703-23 Note: The * indicates taxable items. SALES QUOTATION Quote Date Quote ID 7/26/2023 MC072623COCS Valid Through: 9/1/2023 HOUSTON - Remittance Address P.O. Box 95587 Grapevine, TX 76099-9709 281-453-6400 Job Location: 2023 Gameday Traffic Control City Of College Station Quote Created By: Mikey Marshall Wallace PO Box 9960 College Station, TX 77842 City Of College Station Phone: 979-764-3569 Included:Mobilization covers initial set up and complete return of material. Partial Returns are subject to additional charges. Return Fee will be charged in accordance with all delivery fees. Material must be picked up in same manner dropped off or additional fees may be applied. Add'l Terms:All invoices are due Net 15. 14 (Fourteen) days minimum required before job start. Page 1 of 1 City is Net 30. 8/2/2023 Page 87 of 506 Contract No.___________ General Service Contract Form 08-10-2021 EXHIBIT C CERTIFICATES OF INSURANCE 23300675 Page 88 of 506 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/1/2023 K&S Rockwall 0104 2255 Ridge Rd,Ste 333 Rockwall TX 75087 Claudia Searle 972-771-4071 972-771-4695 claudia.searle@kandsins.com Allied World Surplus Lines Ins 24319 BUYEBAR-01 National Liability &Fire Insu 20052BuyersBarricadesHouston,LLC 25416 Aldine Westfield Rd. Spring TX 77373 AXIS Surplus Insurance Company 26620 Texas Mutual Insurance Company 22945 395785677 A X 1,000,000 X 100,000 10,000 1,000,000 2,000,000 X 6004-1552 6/11/2023 6/11/2024 2,000,000 B 1,000,000 X X X 73APB006655 6/11/2023 6/11/2024 C X 4,000,000 X P-001-000855463-02 6/11/2023 6/11/2024 4,000,000 D X Y 0001293376 8/31/2022 8/31/2023 1,000,000 1,000,000 1,000,000 GENERAL LIABLITY The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to any owner,lessee,or contractor whom you have agreed to include as an additional insured under a fully executed written contract or written agreement,provided that such was executed prior to an "occurrence",loss,injury or damage (CG2010 04/13) Automatic Additional Insured –Completed Operations;Provides additional insured status to any owner,lessee,or contractor whom you have agreed to include as an additional insured under a fully executed written contract or written agreement,provided that such was executed prior to an "occurrence",loss,injury or damage (CG2037 04/13) See Attached... City of College Station Attn:Risk Management PO Box 9960 College Station TX 77842 Page 89 of 506 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: BUYEBAR-01 1 1 K&S Rockwall 0104 Buyers Barricades Houston,LLC 25416 Aldine Westfield Rd. Spring TX 77373 25 CERTIFICATE OF LIABILITY INSURANCE Primary &Non-Contributory where required by a written contract between the named insured and any person or organization that requires such status GL0002100 08/16 Blanket Automatic Waiver of Subrogation endorsement that provide this feature,only when there is a written contract between the named insured and the certificate holder that requires it CG2404 05/09 Blanket Additional Insured for Lessor of Leased Equipment:CG2028 04/13 WORKERS COMPENSATION FORM WC4203004B Blanket Waiver of Subrogation as required by written contract between the named insured and any person or organization that requires such status. *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE,LIMITS,CONDITIONS AND EXCLUSIONS. RE:2023 TAMU Football Gameday Traffic Control Page 90 of 506 ! "#$%&’ ()*+,- ./01-233333"456(7 (89.:;< =86< ;.>4?<;@;.= (89.:;< =8; "456(7A "5;9<; ?;9> 6= (9?;BC557A DE 9"F GGHH!!GDIGHIJGJE KJLGK 9@ .*M%#+*$ 5%*1%$%M’ N B%2- 6+O/2*+&- (#0P*+’ FC7;?< F9??6(9>;< 6.( !"#$%&’()*+, $!-+,./+& .,01&.22+$0+3 .(04!,#5+3&,+ ,+1+’0.0#-+’.)+3&#’1(,+3 $!) .’% !"#$%&$4.’/+1& +22+$0#-+ $4.’/+1 #0&#1&4+,+*%&(’3+,10!!3&.’3&./,++3&04.0&04+&2!""!6#’/&2!,)&#1&.00.$4+3&.’3&*+$!)+1&.& .,0&!2&04+& !"#$%7 )89:;<&=>9?@>A<B&&*".’C+0&.33#0#!’."&#’1(,+3&+’3!,1+)+’0 9QQ%M%#+*$ "2-0%/0L ?-M/2+ "2-0%/0L GAREJ"2#2*M-L GDIGHIJGJE #"&A@&>A&AA&:9 $DEFGHIJKL&#MNOGPMQR&1RGSHQRN&!TTHQRL&#MQ7L&AU:V $DEFGHIJKL&#1!&$DWWRGHQPX&,HNY&1RGSHQRNL&#MQ7L&AU:V Page 91 of 506 M-5876 (05/2016) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM In consideration of payment of the additional premium listed below, LIABILITY COVERAGE is extended toany person or organization you are required to add to this policy as an additional insured in a written agreement between you and the additional insured that is executed prior to the "accident" provided that: 1) such insurance applies only to the ownership, maintenance or use of a covered auto; and 2) such insurance applies only to acts or omissions by you, your agents or your “employees” while such covered auto is being used in your business; and 3) such insurance does not apply to the acts or omissions of the additional insured or any of the additional insured’s agents or "employees" other than you; and 4) such insurance does not apply if the additional insured is subject to motor carrier insurance requirements and is not insured for hired "autos" under an "auto" liability insurance form that insures on a primary basis the owners of the "autos" and their agents and "employees" while the "autos" are being used exclusively in the additional insured’s business and pursuant to operating rights granted to the additional insured by a public authority; and 5) such inclusion of additional insured shall not increase our limit of liability under this policy. All other terms, conditions and agreements remain unchanged. Additional Premium: $ Company Name Policy Number Endorsement Effective Named Insured Countersigned by (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) M-5876 (05/2016) 0 NATIONAL LIABILITY & FIRE INSURANCE COMPANY 73APB006655 06/11/2023 12:01AM BUYERS BARRICADES INC Page 92 of 506 POLICY NUMBER: 6004-1552 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 Any owner, lessee, or contractor whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "occurrence", loss, injury or damage. 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. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Page 93 of 506 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 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. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 Page 94 of 506 POLICY NUMBER: 6004-1552 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Any owner, lessee, or contractor whom you have agreed to include as anadditional insured under a fullyexecuted written contract or writtenagreement, provided that such wasexecuted prior to an "occurrence", loss,injury or damage. All work performed by the Named Insured 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 95 of 506 POLICY NUMBER: 6004-1552 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: Any person or organization against whom you have agreed to waive your right of recovery in a fully executed written contract or written agreement, provided such contract or agreement was executed prior to the date of the "occurrence", loss, injury or damage. 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 o Page 96 of 506 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS / COMPLETED OPERATIONS COVERAGE PART Notwithstanding any other provision of this policy to the contrary, the insurance afforded to an additional insured under this policy will be primary to, and non-contributory with, any other insurance available to that person or organization in the event a written contract or written agreement you enter into requires you to furnish insurance to that person or organization of the type provided by this policy. GL 00021 00 (08/16) Page 1 of 1 Page 97 of 506 ixasMuruaI® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B Insured copy 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. 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Schedule Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on t he inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 8/31 /22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001293376 of Texas Mutual Insurance Company effective on 8/31/22 Issued to: BUYERS BARRICAD ES HOUSTON LL C NCCI Carrier Code: 29939 1 of 1 This is not a bill PO Box 12058 , Austin , TX 78711 -2058 texasmutual.com I (800) 859-5995 1 Fax (800) 359-0650 Authorized representative 8126122 WC 42 0304 B Page 98 of 506 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL NOTICE OF CANCELLATION (AMENDMENT OF CANCELLATION CONDITION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS / COMPLETED OPERATIONS COVERAGE PART SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS and/or SECTION IV – PRODUCTS/ COMPLETED OPERATIONS LIABILITY CONDITIONS is amended to include the following additional condition: In the event that we cancel this policy for any reason, other than for the nonpayment of premium, we will provide advance written notice of such cancellation to the entity(ies) or individual(s) shown in the Schedule below in accordance with the number of days stated. SCHEDULE Entity or Individual Address Number of Days Advance Written Notice of Cancellation (Other Than Nonpayment of Premium) GL 00068 00 (08/16) on file with with broker of record on file with with broker of record 30 Page 99 of 506 ixasMurual® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC 42 06 01 Insured copy This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on t he inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 8/31 /22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001293376 of Texas Mutual Insurance Company effective on 8/31/22 Issued to: BUYERS BARRICADES HOUSTON LLC NCCI Carrier Code: 29939 1 of 1 This is not a bill PO Box 12 058 , Austin , TX 7 8711 -20 58 texasmutual.c om I (80 0 ) 859-5995 1 Fax (800) 359 -0650 Authorized representative 8126122 WC 42 06 0 1 Page 100 of 506 August 24, 2023 Item No. 6.3. 2022 Bond: Rock Prairie East Design Contract Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a contract with Binkley & Barfield | DCCM, Inc. in the amount of $1,404,740.50 for professional services for the Rock Prairie East Widening Project (Town Lake Dr. to William D. Fitch Pkwy) as part of the 2022 Bond Program. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: This project will widen Rock Prairie East from Town Lake Drive to William D. Fitch Parkway, transforming the two-lane asphalt roadway into a four-lane concrete roadway with separated bike lanes and sidewalks along each side. In addition, the project will include storm sewer, street lighting, and a traffic signal at Town Lake. The City of College Station received eight (8) Statements of Qualifications (SOQ) in response to the Request for Qualifications (RFQ). Following the review process, Binkley & Barfield | DCCM was selected as the most qualified firm for the project. Budget & Financial Summary: Funds in the amount of $16,100,000 are currently budgeted for this project in the Streets Capital Improvement Projects Fund. A total of $2,431 has been expended or committed to date, leaving a balance of $16,097,569 for this design contract and remaining project expenses. Funding for this project was approved via the City of College Station’s November 2022 General Obligation Bond Election. Attachments: 1. Rock Prairie East 2022 Bond Project Location Map 2. Rock Prairie East 2022 Bond Vendor Signed Contract Page 101 of 506 FOXFIRE DRIVE SCOTTANDW H ITEDRIVEALEXANDRIA AVENUE DUBLINPARKWAYD O U B LE MOUN T A IN ROADSTONEBROOKDRIVEFAULKNERDRIV EEA G L EAVENUE SPEARMANDRIVE S P E A RMANDRIVESOUTHERNPLANTATIONDRIVEDOUBLEMOUNTAINROAD W OODCREEKDRIVEFROST DRIVE MEDICALAVENUEH E A LI N G WA Y DU RHAMLOOP BARRON ROAD BARRON ROAD BIRDPONDROADROCK PRAIRIEROAD BARRON ROADROCK PRAIRIE ROAD BARRONROADDECATURDRIVE PEBBLE C R E EKPARKWAY LONGMIRE DRIVE ARRINGTONROADPEBBLE CREEKPARKWAYTOWNLAKEDRIVEMIDTOWNDRIVETOWNLAKEDRIVEP E B B L E C REE K P A R K W AYCORPORATEPARKWAYFRONTAGE6ROADEASTBARRONROADFRONTAGE6 ROAD WEST WILLIAMDFITCHPARKWAYWILLIAM D FITCH PARKWAYSTATE HIGHWAY6S O FF R A M P SH 6S NB T O R O C K PRAIRIE RD O N R A M P S H 6 S N B F R O M B A R R O N R D STATE HIGHWAY6S A A B B C C D D E E 5 5 4 4 3 3 2 2 1 1 Legend Streets Functional Classification FREEW AY MAJOR ARTERIAL MAJOR COLLECTOR MINOR ARTERIAL MINOR COLLECTOR LOCAL STREET PRIVATE STREET ALLEY ACCESS ROADS Project Location M apRock Prairie East Widening (ST2303)± ± Created: 8/4/2023 0 3,0 00 6,0 00 9,0 00 12,000 15,0007501,5 00 2,2 50Feet Feet Overview Map DISCLAIMER: This product is for informational purposes and m ay not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is m ade bythe City of College Station regarding specific accuracy or com pleteness. Page 102 of 506 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: PROJECT#: _________ BID/RFP/RFQ#: Project Name / Contract Description: _ Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 103 of 506 Contract No.__________ A&E Professional Services with Construction Page 1 Form 3-06-23 CITY OF COLLEGE STATION ARCHITECTS & ENGINEERING PROFESSIONAL SERVICES CONTRACT WITH CONSTRUCTION This Contract is between the City of College Station, a Texas home-rule municipal corporation, (the “City”) and ____________________________________________, a___________________ corporation (the “Consultant”), whereby the Consultant agrees to provide the City with certain professional services as described herein and the City agrees to pay the Consultant for those services. ARTICLE I SCOPE OF SERVICES 1.01 In consideration of the compensation stated in paragraph 2.01 below, the Consultant agrees to provide the City with the professional services as described in Exhibit “A”, the Scope of Services, which is incorporated herein by reference for all purposes, and which services may be more generally described as follows (the “Project”): ARTICLE II PAYMENT 2.01 In consideration of the Consultant’s provision of the professional services in compliance with all terms and conditions of this Contract, the City shall pay the Consultant according to the terms set forth in Exhibit “B”. Except in the event of a duly authorized change order, approved by the City as provided in this Contract, the total cost of all professional services provided under this Contract may not exceed ______________________________________________________ and ____/100 Dollars ($_____________). ARTICLE III TIME OF PERFORMANCE AND CONSTRUCTION COST 3.01 The Consultant shall perform all professional services necessary for the complete design and construction documentation of the Project within the times set forth below and in Section 3.02. Consultant expressly agrees that such times are as expeditious as is prudent considering the ordinary professional skill and care of a competent engineer or architect. Furthermore, the Consultant shall perform with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. Page 104 of 506 Contract No.__________ A&E Professional Services with Construction Page 2 Form 3-06-23 (a)Conceptual Design: _____ calendar days after the authorization to commence planning. (b)Preliminary Design: _____calendar days after authorization to commence PPD. (c)Final Design: _____calendar days after authorization to commence final design. 3.02 All design work and other professional services provided under this Contract must be completed by the following date(s): 3.03 Time is of the essence of this Contract. The Consultant shall be prepared to provide the professional services in the most expedient and efficient manner possible and with adequate resources and manpower in order to complete the work by the times specified. Promptly after the execution of this Contract, the Consultant shall prepare and submit for the City to approve in writing, a detailed schedule for the performance of the Consultant’s services to meet the City’s project milestone dates, which are included in this Contract. The Consultant’s schedule shall include allowances for periods of time required for the City’s review and for approval of submissions by authorities having jurisdiction over the Project. The time limits established by this schedule over which Consultant has absolute control shall not be exceeded without written approval from the City. Consultant may request in writing an extension of the contract time due to delays beyond their control. In the event that a deadline provided in this Contract is not met by the Consultant, Consultant shall provide the City with a written narrative setting forth in a reasonable degree of detail a plan of recovery to overcome or mitigate the delay which may include (i) employing additional people, or (ii) accelerating the work by working longer hours on any portion of the Project that is deemed by the City to be behind schedule (“Recovery Plan”). With the City’s approval, Consultant shall execute the Recovery Plan at no additional cost to the City. (a)Liquidated Damages. (1) The time for the completion of all Work described in this Agreement are reasonable times for the completion of each task by the agreed upon days or dates, taking into consideration all conditions, including but not limited to the usual industry conditions prevailing in this locality. The amount of liquidated damages for the Consultant's failure to meet contractual deadlines specifically set forth in the Consultant’s scope of services and schedule are fixed and agreed on by the Consultant 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 Page 105 of 506 Contract No.__________ A&E Professional Services with Construction Page 3 Form 3-06-23 sustain and shall be deducted by the City from current amounts owed to Consultant for payment or from final payment. (2) As a result of the difficulty in estimation, calculation and ascertainment of City’s damages due to a failure of Consultant to achieve timely completion of the Work, if the Consultant should neglect, or fail, or refuse to complete the Work within the times specified in the Consultant’s scope of services and schedule, or any proper extension thereof granted by the City's Representative pursuant to this Agreement, then the Consultant does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Consultant's total compensation the sum of TWO HUNDRED FIFTY and 00/100 DOLLARS ($250.00)for each and every calendar day that the Consultant shall be in default after the time(s) stipulated completion of the task(s) in question, 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 any of the deadlines specified in the Consultant’s scope of services and schedule for completion in this Agreement. 3.04 The Consultant’s services consist of all of the services required to be performed by Consultant, Consultant’s employees and Consultant’s sub-consultants under the terms of this Contract. Such services include normal civil, structural, mechanical and electrical engineering services, plumbing, food service, acoustical and landscape services, and any other design services that are normally or customarily furnished and reasonably necessary for the Project. The Consultant shall contract and employ at its expense sub-consultants necessary for the design of the Project, and such sub-consultants shall be licensed as required by the State of Texas and approved in writing by the City. 3.05 The Consultant shall designate a principal of the firm reasonably satisfactory to the City who shall, for so long as acceptable to the City, be in charge of Consultant’s services to be performed hereunder through to completion, and who shall be available for general consultation throughout the Project. Any replacement of that principal shall be approved in writing (which shall not be unreasonably withheld) by the City, prior to replacement. 3.06 Consultant shall be responsible for the coordination of its services with those of its subconsultants, the City, and the City’s consultants, including the coordination of all drawings and design documents relating to Consultant’s design and used on the Project, regardless of whether such drawings and documents are prepared by Consultant. Consultant shall be responsible for the completeness and accuracy of all drawings and specifications submitted by or through Consultant and for its compliance with all applicable codes, ordinances, regulations, laws and statutes. Upon receipt from the City, the Consultant shall review the services and information furnished by the City and the City’s consultants for accuracy and completeness. The Consultant shall provide prompt written notice to the City if the Consultant becomes aware of any error, omission or inconsistency in such services or information. Once notice has been provided to the City, the Consultant shall not proceed without written instruction from the City to do so. Page 106 of 506 Contract No.__________ A&E Professional Services with Construction Page 4 Form 3-06-23 3.07 Consultant’s evaluations of the City’s project budget and the preliminary estimates of construction cost and detailed estimates of construction cost, represent the Consultant’s best judgment as a design professional familiar with the construction industry. 3.08 The construction budget for this Project, which is established as a condition of this Contract is $____________________. This construction budget shall not be exceeded unless the amount is changed in writing by the City. ARTICLE IV CONCEPTUAL DESIGN 4.01 Upon the Consultant’s receipt from the City of a letter of authorization to commence planning, the Consultant shall meet with the City for the purpose of determining the nature of the Project. The Consultant shall inquire in writing as to the information it believes the City may have in its possession that is necessary for the Consultant's performance. The City shall provide the information within its possession that it can make available to the Consultant. The City shall designate a representative to act as the contact person on behalf of the City. 4.02 The Consultant shall determine the City's needs with regard to the Project, including, but not limited to, tests, analyses, reports, site evaluations, needs surveys, comparisons with other municipal projects, review of budgetary constraints and other preliminary investigations necessary for the Project. Consultant shall verify the observable existing conditions of the Project and verify any existing as-built drawings. Consultant shall confirm that the Project can be designed and constructed within the time limits outlined in this Contract. Consultant shall prepare a detailed design phase schedule which includes all review and approval periods during the schematic design, design development and construction document phases. Consultant shall confirm that the Project can be designed and constructed for the dollar amount of the Project budget, if applicable. 4.03 The Consultant shall prepare a Conceptual Design that shall include schematic layouts, surveys, sketches and exhibits demonstrating the considerations involved in the Project. The Consultant shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the City’s Program, the Project Schedule and budget. The Consultant shall reach an understanding with the City regarding the requirements of the Project. The Conceptual Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. Upon the City's request, the Consultant shall meet with City staff and the City Council to make a presentation of its report. ARTICLE V PRELIMINARY DESIGN 5.01 The City shall direct the Consultant to commence work on the Preliminary Design by sending to the Consultant a letter of authorization to begin work on the Preliminary Design pursuant to this Contract. Upon receipt of the letter of authorization to commence Preliminary Page 107 of 506 Contract No.__________ A&E Professional Services with Construction Page 5 Form 3-06-23 Design, the Consultant shall meet with the City for the purpose of determining the extent of any revisions to the Conceptual Design. 5.02 The Consultant shall prepare the Preliminary Design of the Project, including, but not limited to, the preliminary drawings and specifications and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. The Consultant shall submit to the City a detailed estimate of the construction costs of the Project, based on current area, volume, or other unit costs. This estimate shall also indicate both the cost of each category of work involved in constructing the Project and the time required for construction of the Project from commencement to final completion. 5.03 Upon completion of the Preliminary Design of the Project, the Consultant shall so notify the City. Upon request the Consultant shall meet with the City staff and City Council to make a presentation of its Preliminary Design of the Project. The Consultant shall provide an explanation of the Preliminary Design, including any material changes and deviations that have taken place from theConceptual Design, a cost estimate, and shall verify that, to the best of Consultant’s belief, the Project requirements and construction can be completed within the Project budget and schedule. ARTICLE VI FINAL DESIGN 6.01 The City shall direct the Consultant to commence work on the Final Design of the Project by sending to the Consultant a letter of authorization to begin work on the Final Design phase of the Project. Upon receipt of the Letter of Authorization to proceed with Final Design of the Project, the Consultant shall immediately prepare the Final Design, including, but not limited to, the bid documents, contract, drawings, and specifications, to fix and describe the size and character of the Project as to structural, mechanical, and electrical systems, materials, and such other elements as may be appropriate. The Final Design of the Project shall comply with all applicable laws, statutes, ordinances, codes and regulations. 6.02 Notwithstanding the City’s approval of the Final Design, the Consultant warrants that the Final Design will be sufficient and adequate to fulfill the purposes of the Project. 6.03 The Consultant shall prepare and separately seal the special provisions, the technical specifications, and bid proposal form(s) in conformance with the City’s current pre-approved, “Standard Form of Construction Agreement” for the construction contract between the City and the construction contractor. The Consultant hereby agrees that no changes, modifications, supplementations, alterations, or deletions will be made to the City’s standard form without the prior written approval of the City. 6.04 The Consultant shall provide the City with complete contract documents sufficient to be advertised for bids by the City. The contract documents shall include the design and specifications and other changes that are required to fulfill the purpose of the Project. Upon completion of the Final Design of the Project, with the submission of the complete contract documents, and upon Page 108 of 506 Contract No.__________ A&E Professional Services with Construction Page 6 Form 3-06-23 request of the City, the Consultant shall meet with City staff and the City Council to present the Final Design of the Project. The Consultant shall provide an explanation of the Final Design, including identification of all material changes and deviations that have taken place from the Preliminary Design Documents and a cost estimate. The Consultant shall verify that, to the best of Consultant’s belief, the Project requirements and construction can be completed within the Project budget and schedule. ARTICLE VII BID PREPARATIONS & EVALUATION 7.01 The Consultant shall assist the City in advertising for and obtaining bids or negotiating proposals for the construction of the Project. Upon request, the Consultant shall meet with City staff and the City Council to present, and make recommendations on, the bids submitted for the construction of the Project. 7.02 The Consultant shall review the construction contractors' bids, including subcontractors, suppliers, and other persons required for completion of the Project. The Consultant shall evaluate each bid and provide these evaluations to the City along with a recommendation on each bid. If the lowest bid for the construction of the Project exceeds the final cost estimate set forth in the Final Design of the Project, then the Consultant, at its sole cost and expense, shall revise the construction documents so that the total construction costs of the Project will not exceed the final cost estimate contained in the Final Design of the Project. 7.03 Where substitutions are requested by a construction contractor, the Consultant shall review the substitution requested and shall recommend approval or disapproval of such substitutions. ARTICLE VIII CONSTRUCTION 8.01 The Consultant shall be a representative of, and shall advise and consult with, the City (1) during construction, and (2) at the City's direction from time to time during the correction, or warranty, period described in the construction contract. The Consultant shall have authority to act on behalf of the City only to the extent provided in this Contract unless modified by written instrument. 8.02 The Consultant shall make visits to the site, to inspect the progress and quality of the executed work of the construction contractor and its subcontractors and to determine if such work is proceeding in accordance with the contract documents. The minimum number of site visits and their frequency shall be established by the City and Consultant prior to commencement of construction. Consultant shall periodically review the as-built drawings for accuracy and completeness, and shall report its findings to the City. 8.03 The Consultant shall keep the City informed of the progress and quality of the work. The Consultant shall employ the professional skill and care ordinarily provided by competent engineers Page 109 of 506 Contract No.__________ A&E Professional Services with Construction Page 7 Form 3-06-23 or architects practicing in the same or similar locality and under the same or similar circumstances and professional license in discovering and promptly reporting to the City any defects or deficiencies in such work and shall disapprove or reject any work failing to conform to the contract documents. 8.04 The Consultant shall review and approve shop drawings and samples, the results of tests and inspections, and other data that each construction contractor or subcontractor is required to provide. The Consultant's review and approval shall include a determination of whether the work complies with all applicable laws, statutes, ordinances and codes and a determination of whether the work, when completed, will be in compliance with the requirements of the contract documents. 8.05 The Consultant shall determine the acceptability of substitute materials and equipment that may be proposed by construction contractors or subcontractors. The Consultant shall also receive and review maintenance and operating instruction manuals, schedules, guarantees, and certificates of inspection, which are to be assembled by the construction contractor in accordance with the contract documents. 8.06 The Consultant shall issue all instructions of the City to the construction contractor as well as interpretations and clarifications of the contract documents pertaining to the performance of the work. Consultant shall interpret the contract documents and judge the performance thereunder by the contractor constructing the Project, and Consultant shall, within a reasonable time, render such interpretations and clarifications as it may deem necessary for the proper execution and progress of the work. Consultant shall receive no additional compensation for providing clarification of the drawings and specifications. 8.07 The Consultant shall review the amounts owing to the construction contractor and recommend to the City, in writing, payments to the construction contractor of such amounts. The Consultant's recommendation of payment, being based upon the Consultant's on-site inspections and its experience and qualifications as a design professional, shall constitute a recommendation by the Consultant to the City that the quality of such work is in accordance with the contract documents and that the work has progressed to the point reflected in Consultant’s recommendation for payment. 8.08 Upon notification from the construction contractor that the Project is substantially complete, the Consultant shall conduct an inspection of the site to determine if the Project is substantially complete. The Consultant shall prepare a checklist of items that shall be completed prior to final acceptance. Upon notification by the construction contractor that the checklist items designated by the Consultant for completion have been completed, the Consultant shall inspect the Project to verify final completion. 8.09 The Consultant shall not be responsible for the work of the construction contractor or any of its subcontractors, except that the Consultant shall be responsible for the construction contractor's schedules or failure to carry out the work in accordance with the contract documents if such failures result from the Consultant's negligent acts or omissions. This provision shall not alter the Consultant's duties to the City arising from the performance of the Consultant's obligations under this Contract. Page 110 of 506 Contract No.__________ A&E Professional Services with Construction Page 8 Form 3-06-23 8.10 The Consultant shall conduct at least one on-site inspection during the warranty period and shall report to the City as to the continued acceptability of the work. 8.11 The Consultant shall not execute change orders on behalf of the City or otherwise alter the financial scope of the Project without an advance, written authorization from the City. 8.12 The Consultant shall perform all of its duties under this Article VIII so as to not cause any delay in the progress of construction of the Project. 8.13 The Consultant shall assist the construction contractor and City in obtaining a Certificate of Occupancy by accompanying governing officials during inspections of the Project if requested to do so by the City. ARTICLE IX CHANGE ORDERS, DOCUMENTS & MATERIALS 9.01 No changes shall be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid except upon the prior written order from authorized personnel of the City. The Consultant shall not execute change orders on behalf of the City or otherwise alter the financial scope of the Project. The schedules, milestones, timelines, and deadlines contained in this Agreement, the Scope of Services, and the Construction Schedule shall not be modified except by written change order. Additional days or changes to the number of days in the Construction Schedule shall also be by written change order. After a written change order is approved and fully executed by all parties, the Consultant shall submit an updated schedule that reflects changes authorized by approved change orders. 9.02 When the original contract amount plus all change orders is $100,000 or less, the City Manager or his delegate may approve the written change order provided the change order does not increase the total amount set forth in the contract to more than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council must approve such change order prior to commencement of the services. 9.03 When the original contract amount plus all change orders is equal to or greater than $100,000, the City Manager or his delegate may approve the written change order provided the change order does not exceed $50,000 and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract, the City Council must approve such change order prior to commencement of the services or work. Thereafter, any additional change orders exceeding $50,000 or any additional change orders totaling 25 percent following such council approval, must be approved by City Council. 9.04 Any request by the Consultant for an increase in the Scope of Services and an increase in the amount listed in paragraph two of this Contract shall be made and approved by the City prior to the Consultant providing such services or the right to payment for such Page 111 of 506 Contract No.__________ A&E Professional Services with Construction Page 9 Form 3-06-23 additional services shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Consultant agrees to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute. 9.05 The Consultant shall furnish the City with both electronic (PDF) and CAD file sets of all plans and specifications. The Consultant shall provide the City one (1) set of reproducible, mylar record drawings that clearly show all the changes made during the construction process, based upon the marked-up prints, drawings, and other data furnished by the construction contractor to the Consultant. The Consultant shall provide copies of Work Product including documents, computer files if available, surveys, notes, and tracings used or prepared by the Consultant. The foregoing documentation, the Consultant's Work Product, and other information in the Consultant’s possession concerning the Project shall be the property of the City from the time of preparation. The Consultant shall furnish one set of digital files representing the final record drawings. ARTICLE X WARRANTY, INDEMNIFICATION & RELEASE 10.01 As an experienced and qualified design professional, the Consultant warrants that the information provided by the Consultant reflects the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. The Consultant warrants that the design preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, and the performance of all other services under this Contract are performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. Approval of the City shall not constitute, or be deemed, a release of the responsibility and liability of the Consultant, its employees, agents, or associates for the exercise of skill and diligence to promote the accuracy and competency of their Work Product or any other document, nor shall the City's approval be deemed to be the assumption of responsibility by the City for any defect or error in the aforesaid documents prepared by the Consultant, its employees, associates, agents, or subcontractors. 10.02 The Consultant shall promptly correct any defective Work Product, including designs or specifications, furnished by the Consultant at no cost to the City. The City's approval, acceptance, use of, or payment for, all or any part of the Consultant's services hereunder or of the Project itself shall in no way alter the Consultant's obligations or the City's rights hereunder. 10.03 In all activities or services performed hereunder, the Consultant is an independent contractor and not an agent or employee of the City. The Consultant and its employees are not the agents, servants, or employees of the City. As an independent contractor, the Consultant shall be responsible for the professional services and the final Work Product contemplated under this Contract. Except for materials furnished by the City, the Consultant shall supply all materials, equipment, and labor required for the professional services to be provided under this Contract. Page 112 of 506 Contract No.__________ A&E Professional Services with Construction Page 10 Form 3-06-23 The Consultant shall have ultimate control over the execution of the services it is to provide under this Contract. The Consultant shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees or subcontractors, and the City shall have no control of or supervision over the employees of the Consultant or any of the Consultant’s subcontractors. 10.04 The Consultant must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and other persons, as well as its personal property, while in the vicinity of the Project or any of the work being done on or for the Project. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of the Consultant, its officers, employees, agents, subcontractors, invitees, licensees, and other persons. 10.05 Indemnity. (a) To the fullest extent permitted by law, Consultant agrees to indemnify and hold harmless the City, its Council members, officials, officers, agents, employees, and volunteers (separately and collectively referred to in this paragraph as “Indemnitee”) from and against all claims, damages losses and expenses (including but not limited to attorney’s fees) arising out of or resulting from any negligent act, error or omission, intentional tort or willful misconduct, intellectual property infringement or including failure to pay a subconsultant, subcontractor, or supplier pursuant to this Contract by Consultant, its employees, subcontractors, subconsultants, or others for whom Consultant may be legally liable (“Consultant Parties”), but only to the extent caused in whole or in part by the Consultant Parties. IF THE CLAIMS, ETC. ARE CAUSED IN PART BY CONSULTANT PARTIES, AND ALSO IN PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OR ALL OF THE INDEMNITEES OR ANY OTHER THIRD PARTY, THEN CONSULTANT SHALL ONLY INDEMNIFY ON A COMPARATIVE BASIS, AND ONLY FOR THE AMOUNT FOR WHICH CONSULTANT PARTIES ARE FOUND LIABLE AND NOT FOR ANY AMOUNT FOR WHICH ANY OR ALL INDEMNITEES OR OTHER THIRD PARTIES ARE LIABLE. (b) To the fullest extent permitted by law, Consultant agrees to defend the Indemnitees where the indemnifiable acts listed in Article 10 above occur outside the course of performance of professional services (i.e. non- professional services) and the claim is not based wholly or partly on the negligence of, fault of, or breach of contract by the governmental agency, the agency’s agent, employee, or other entity over which the governmental agency exercises control, other than the Consultant or Consultant Parties. (c) Consultant shall procure liability insurance covering its obligations under this section. Page 113 of 506 Contract No.__________ A&E Professional Services with Construction Page 11 Form 3-06-23 (d) It is mutually understood and agreed that the indemnification provided for in this section 10.05 shall indefinitely survive any expiration, completion or termination of this Contract. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 10.06 Release. The Consultant releases, relinquishes, and discharges the City, its Council members, officials, officers, agents, employees, and volunteers from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Consultant or its employees and any loss of or damage to any property of the Consultant or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Consultant's work to be performed hereunder. Both the City and the Consultant expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Consultant or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Consultant, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 10.07 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification, release or other obligations under Paragraphs 10.05 and 10.06, such legal limitations are made a part of the obligations and shall operate to amend same to the minimum extent necessary to bring the provision(s) into conformity with the requirements of such limitations, and as so modified, the obligations set forth therein shall continue in full force and effect. ARTICLE XI INSURANCE 11.01 General. The Consultant shall procure and maintain at its sole cost and expense for the duration of this Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, volunteers, employees or subcontractors. The policies, limits and endorsements required are as set forth on below . During the term of this Contract Consultant’s insurance policies shall meet the minimum requirements of this section: 11.02 Types. Consultant shall have the following types of insurance: (a)Commercial General Liability. (b)Business Automobile Liability. (c)Workers’ Compensation/Employer’s Liability. (d)Professional Liability. Page 114 of 506 Contract No.__________ A&E Professional Services with Construction Page 12 Form 3-06-23 11.03 Certificates of Insurance.For each of these policies, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officials, agents, employees and volunteers. Any self-insurance or insurance policies maintained by the City, its officials, agents, employees and volunteers, shall be considered in excess of the Consultant’s insurance and shall not contribute to it. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Contract, attached hereto as Exhibit C, and approved by the City before any letter of authorization to commence planning will issue or any work on the Project commences. 11.04 General Requirements Applicable to All Policies.The following General Requirements to all policies shall apply: (a)Only licensed insurance carriers authorized to do business in the State of Texas will be accepted. (b)Deductibles shall be listed on the Certificate of Insurance. (c)“Claims made” policies will not be accepted, except for Professional Liability insurance. (d)Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits of liability except after thirty (30) calendar days prior written notice has been given to the City of College Station. (e)The Certificates of Insurance shall be prepared and executed by the insurance carrier or its authorized agent on the most current State of Texas Department of Insurance-approved forms. 11.05 Commercial General Liability Requirements.The following Commercial General Liability requirements shall apply: (a)Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the current A. M. Best Key Rating Guide. (b)Minimum Limit of $1,000,000 per occurrence for bodily injury and property damage with a $2,000,000 annual aggregate. (c)No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. (d)The coverage shall not exclude premises/operations; independent contracts, products/completed operations, contractual liability (insuring the indemnity provided herein), and where exposures exist, Explosion Collapse and Underground coverage. (e)The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 11.06 Business Automobile Liability Requirements.The following Business Automobile Liability requirements shall apply: Page 115 of 506 Contract No.__________ A&E Professional Services with Construction Page 13 Form 3-06-23 (a)Coverage 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 per occurrence for bodily injury and property damage. (c)The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. (d)The coverage shall include owned autos, leased or rented autos, non-owned autos, any autos and hired autos. (e)The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 11.07 Workers’ Compensation/Employers LiabilityInsurance Requirements.The following Workers’ Compensation Insurance requirements shall apply; and the term “contractor” shall be construed to mean “consultant” as identified in this Contract: (a)Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Consultant, the Consultant, all employees of any and all subcontractors, and all other persons providing services on the Project mustbe covered by a workers’ compensation insurance policy: either directly through their employer’s policy (the Consultant’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, Consultants and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. (b)The workers’ compensation/Employer’s Liability insurance shall include the following terms: i. Employer's Liability limits of $1,000,000 for each accident is 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 Worker's Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. (c)Pursuant to the explicit terms of Title 28, Section 110.110(c)(7) of the Texas Administrative Code, this Contract, the bid specifications, this Contract, and all subcontracts on this Project must include the terms and conditions set forth below, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: i. Definitions: Page 116 of 506 Contract No.__________ A&E Professional Services with Construction Page 14 Form 3-06-23 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in § 406.096 [of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. ii. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. iii. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. iv. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. v. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends Page 117 of 506 Contract No.__________ A&E Professional Services with Construction Page 15 Form 3-06-23 during the duration of the project. vi. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. vii. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. viii. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. ix. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the Contractor: A. a certificate of coverage, prior to the other person beginning work on the project; and B. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the Page 118 of 506 Contract No.__________ A&E Professional Services with Construction Page 16 Form 3-06-23 provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. x. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. xi. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity.” 11.0 Professional Liability Requirements.The following Professional Liability requirements shall apply: (a)Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the current A.M. Best Key Rating Guide. (b)Minimum of $1,000,000 per claim and $2,000,000 aggregate, with a maximum deductible of $100,000.00. Financial statements shall be furnished to the City of College Station when requested. (c)Consultant must continuously maintain professional liability insurance with prior acts coverage for a minimum of two years after completion of the Project or termination of this Contract, as may be amended, whichever occurs later. Coverage under any renewal policy form shall include a retroactive date that precedes the earlier of the effective date of this Contract or the first performance of services for the Project. The purchase of an extended discovery period or an extended reporting period on this policy will not be sufficient to comply with the obligations hereunder. (d)Retroactive date must be shown on certificate. ARTICLE XII USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 12.01 Any and all drawings, specifications and other documents prepared, furnished, or both prepared and furnished by Consultant or any Subconsultant or other designer contracted under Consultant pursuant to this Contract (including, without limitation, the Construction Documents) Page 119 of 506 Contract No.__________ A&E Professional Services with Construction Page 17 Form 3-06-23 ("Work Product"), shall be the exclusive property of the City, whether the Project is completed or not. Upon completion or termination of this Contract, Consultant shall promptly deliver to the City all records, notes, data, memoranda, models, and equipment of any nature that are within Consultant’s possession or control and that are the City’s property or relate to the City or its business. The City shall be furnished and permitted to retain reproducible copies and electronic versions of Consultant's Work Product and related documents and information relating to the Project. 12.02 Consultant warrants to City that (i) Consultant has the full power and authority to enter into this Contract, (ii) Consultant has not previously assigned, transferred or otherwise encumbered the rights conveyed herein, (iii) Work Product is an original work of authorship created by Consultant’s employees during the course of their employment by Consultant, and does not infringe on any copyright, patent, trademark, trade secret, contractual right, or any other proprietary right of any person or entity, (iv) Consultant has not published the Work Product (including any derivative works) or any portion thereof outside of the United States, and (v) to the best of the Consultant's knowledge, no other person or entity, except City, has any claim of any right, title, or interest in or to the Work Product. 12.03 Consultant shall not seek to invalidate, attack, or otherwise do anything either by act of omission or commission which might impair, violate, or infringe the title and rights assigned to City by Consultant in this Article 12 of the Contract. 12.04 The documents prepared by Consultant may be used as a prototype for other facilities by the City. The City may elect to use the Consultant to perform the site adaptation and other architectural or engineering services involved in reuse of the prototype. If so, the Consultant is obligated to perform the work for an additional compensation that will fairly compensate the Consultant and its sub-consultants only for the additional work involved. It is reasonable to expect that the fair additional compensation will be significantly less than the fee provided for under this Contract. If the City elects to employ a different architect or engineer to perform the site adaptation and other architectural or engineering services involved in reuse of the prototype, that architect or engineer will be entitled to use Consultant's sub-consultants on the same basis that Consultant would have been entitled to use them for the work on the reuse of the prototype, and such architect or engineer will be entitled, to the extent allowed by law, to duplicate the design and review and refer to the construction documents, approved shop drawings and calculations, and change order drawings in performing its work. The Consultant will not be responsible for errors and omissions of a subsequent architect or engineer. The Consultant shall commit its subconsultants to the terms of this subparagraph. The provisions of this section shall survive termination of this Contract. 12.05 In the event of termination of this Contract for any reason, the City shall receive all Work Product and original documents prepared to the date of termination and shall have the right to use those documents and any reproductions in any way necessary to complete the Project. 12.06 Only the details of the drawings relating to this Project may be used by the Consultant on other projects, but they shall not be used as a whole without written authorization by the City. The City-furnished forms, conditions, and other written documents shall not be used on other projects by the Consultant. Page 120 of 506 Contract No.__________ A&E Professional Services with Construction Page 18 Form 3-06-23 ARTICLE XIII TERMINATION 13.01 The City may terminate this Contract at any time upon thirty (30) calendar days written notice. Upon the Consultant’s receipt of such notice, the Consultant shall cease work immediately. The Consultant shall be compensated for the services satisfactorily performed prior to the termination date. 13.02 If, through any cause, the Consultant fails to fulfill its obligations under this Contract, or if the Consultant violates any of the agreements of this Contract, the City has the right to terminate this Contract by giving the Consultant five (5) calendar days written notice. The Consultant will be compensated for the services satisfactorily performed prior to the termination date. 13.03 No term or provision of this Contract shall be construed to relieve the Consultant of liability to the City for damages sustained by the City because of any breach of contract and/or negligence by the Consultant. The City may withhold payments to the Consultant for the purpose of setoff until the exact amount of damages due the City from the Consultant is determined and paid. ARTICLE XIV MISCELLANEOUS TERMS 14.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 14.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: City of College Station Attn: _________________ Attn: _______________________ PO BOX 9960 ____________________________ 1101 Texas Ave ____________________________ College Station, TX 77842 ____________________________ ______________@cstx.gov ____________________________ 14.03 No action or failure to act by the City shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. No waiver of any provision of the Contract shall be of any force or effect, unless such waiver is in writing, expressly stating to be a waiver of a specified provision of the Contract and is signed by the party Page 121 of 506 Contract No.__________ A&E Professional Services with Construction Page 19 Form 3-06-23 to be bound thereby. In addition, no waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition and shall not in any way limit or waive that party’s right thereafter to enforce or compel strict compliance with the Contract or any portion or provision or right under the Contract. 14.04 This Contract represents the entire and integrated contract between the City and the Consultant and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 14.05 This Contract and all rights and obligations contained herein may not be assigned by the Consultant without the prior written approval of the City. 14.06 Invalidity. If any provision of this Contract shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Contract with legal terms and conditions approximating the original intent of the parties. 14.07 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Contract as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Contract excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Contract without necessity of additional consideration. 14.08 The Consultant, its agents, employees, and subconsultants must comply with all applicable federal and state laws, the charter and ordinances of the City of College Station, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Consultant must obtain all necessary permits and licenses required in completing the services required by this Contract. 14.09 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. If there is a conflict between a provision in any documents provided by Consultant made a part of this Contract and any other provision in this Contract, the latter controls. 14.10 This Contract goes into effect when duly approved by all the parties hereto. 14.11 Notice of Indemnification. City and Consultant hereby acknowledge and agree that this Contract contains certain indemnification obligations and covenants. Page 122 of 506 Contract No.__________ A&E Professional Services with Construction Page 20 Form 3-06-23 14.12 Verification No Boycott of Israel. To the extent this Contract is considered a contract for goods or services subject to §2270.002 Texas Government Code, Consultant verifies that it (i) does not boycott Israel and (ii) will not boycott Israel during the term of this Contract. 14.13 Verification No Boycott of 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 14.14 Verification No Boycott of Energy Companies.Subject to § 2274.002 Texas Government Code Consultant herein verifies that it (i) does not boycott energy companies; and (ii) will not boycott energy companies during the term of this Contract. 14.15 Force Majeure.Force majeure shall be any acts of God or the public enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any other cause, whether or not of the class of kind specifically named or referred to herein, not within the reasonable control of the Party affected. A delay in or failure of performance of either Party shall not constitute a default hereunder nor be the basis for, or give rise to, any claim for damages, if and to the extent such delay or failure is cause by force majeure. Page 123 of 506 Contract No.__________ A&E Professional Services with Construction Page 21 Form 3-06-23 List of Exhibits A.Scope of Services B.Payment Schedule C Certificates of Insurance CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: Title: Date: APPROVED: City Attorney Date: __________________ Assistant City Manager/CFO Date: __________________ Page 124 of 506 Contract No.__________ A&E Professional Services with Construction Form --202 EXHIBIT A SCOPE OF SERVICES Page 125 of 506 Contract No.__________ A&E Professional Services with Construction Form --202 EXHIBIT B PAYMENT TERMS Compensation is based on actual hours of work/time devoted to providing the described professional services. The Consultant will be paid at a rate of $ per hour, or at the rates per service or employee shown below. The City will reimburse the Consultant for actual, non-salary expenses at the rate of percent ( %) above the Consultant’s actual costs, or at the rates set forth below. Unless amended by a duly authorized written change order, the total payment for all invoices on this job, including both salary and non- salary expenses, shall not exceed the amount set forth in paragraph 2.01 of this Contract: ($ ). The Consultant must submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. -OR- Payment is a fixed fee in the amount listed in paragraph 2.01 of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The Consultant may submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. Schedule of Payment for each phase: Design Subsurface Utility Engineering (Unit Cost / Specified Rate) $ 53,780.00 Utility Coordination (Lump Sum) $ 23,951.50 Project Management & Engineering Design Services (Lump Sum) $ 774,990.50 Traffic Engineering Services (Traffic Study) (Lump Sum) $ 36,189.50 Public Engagement Services (Lump Sum) $ 14,955.50 Topographic Surveying Services (Lump Sum) $ 85,000.00 Misc. Topographic Surveying Services (Hourly) $ 10,000.00 Geotechnical Engineering Services (Estimated NTE) $ 28,200.00 Tree Inventory and Design Services (Lump Sum) $ 26,690.00 ADA Registration, Plan Review, Site Inspection (Estimated NTE) $ 2,500.00 Design Subtotal $1,056,257.00 Bidding and Construction Bidding and Construction Phase Services (Lump Sum) $ 67,758.50 Construction Materials Testing Services (Unit Rate) $ 271,365.00 Tree Construction Phase Services (Hourly) $ 9,360.00 Bidding and Construction Subtotal $ 348,483.50 Total Project Fee $ 1,404,740.50 Page 126 of 506 1701 Southwest Parkway, Suite 111, College Station, Texas 77840 | 979.703.1809 | TxEng F-257 | BinkleyBarfield.com June 27, 2023 Via: E-Mail Raquel Gonzales, PE, CFM Project Manager City of College Station 300 Krenek Tap Road College Station, TX 77840 RE: Proposal for Professional Services – Rock Prairie Road East Widening Project Dear Raquel: Binkley & Barfield, Inc. (BBI) is pleased to submit this proposal to The City of College Station (City) for engineering and surveying services in connection with the Rock Prairie Road East Widening Project. We are excited that you have selected us for this assignment. It is our understanding that the project scope includes widening Rock Prairie Road East from Town Lake Drive to William D. Fitch Parkway (approx. 9,950 LF) and generally includes topographic surveying, geotechnical engineering, subsurface utility engineering, utility coordination, tree services, project management, engineering design, traffic engineering, public engagement, ADA registration/plan review/site inspection, construction materials testing, and bidding and construction phase services. A. Services to be provided by BBI: BBI will provide subsurface utility engineering, utility coordination, project management, engineering design, traffic engineering, public engagement, and bidding and construction phase services. Subsurface Utility Engineering BBI will provide up to 8,000 LF of SUE QL B designation and 14 QL A test holes (in one mobilization) on a Unit Cost and Specified Rate Basis per BBI’s current billable rate schedule including provisions for reimbursable expenses. Utility Coordination BBI will assist the City with utility coordination efforts by developing and updating a utility conflict matrix, attending utility field and coordination meeting (24 hours), and reviewing utility owner relocation plans (32 hours - 8 utilities, 4 hours each). Project Management BBI will provide project management services including arranging and attending meetings, production management, sub consultant management, monthly project invoicing, and QA/QC efforts for the project. Engineering Design BBI will prepare engineering design plans for the Rock Prairie Road East Widening project (from Town Lake Drive to William D. Fitch Parkway). The plans will be prepared in accordance with the City of College Station B/CS Unified Standard Specifications. BBI will attend the project kickoff meeting and prepare meeting minutes. The design plans will include the following tasks and deliverables: 1. General plan sheets including the Title Sheet, Project Layout/Alignment Data Sheets, General Construction Notes, and Quantity Summary Sheets. (12 sheets total) 2. Three-phase Traffic Control Plan including Phase Overviews, Phase Detour Layouts, and Phase TCP Layouts. (42 sheets total) Page 127 of 506 Raquel Gonzales, PE, CFM June 27, 2023 Page 2 of 7 1701 Southwest Parkway, Suite 111, College Station, Texas 77840 | 979.703.1809 | TxEng F-257 | BinkleyBarfield.com 3. Removal layouts including identification of existing features to be removed (including pavement, sidewalks, structures, trees, etc.). (10 sheets total) 4. Roadway Design including Existing and Proposed Typical Section Sheets, Roadway Plan and Profile sheets, & Intersection Layouts. (31 sheets total) 5. Roadway Contour Layouts (10 sheets total) 6. Storm sewer plan and profile sheets, lateral profiles, drainage area maps, and hydrologic and hydraulic calculations. (32 sheets total) 7. Culvert layouts, drainage area maps, and hydrologic and hydraulic calculations. (8 sheets total) 8. Fiber Optic Conduit Plan and Profile sheets. (From Town Lake Drive to COCS Forestry Building - 10 sheets total) 9. Illumination Layout sheets. (10 sheets total) 10. Signing and Striping Layouts including proposed pavement and tie-ins at existing intersections. (10 sheets total) 11. Storm Water Pollution Prevention Sheets including design of pollution prevention measures (silt fence, construction entrance, rock filter dams, etc. as required). (10 sheets total) 12. Tree Data Sheets (To include tree inventory summary, trees identified for removal and structural/critical root zone determination). (10 sheets total) 13. Miscellaneous detail sheets as required (To include roadway, drainage, tree protection, etc.) (8 sheets total) 14. Design standards (to include TCP, Roadway, Drainage, Utilities, Lighting, Traffic, SW3P, and Tree Protection). (54 sheets total) 15. Opinion of probable construction costs (to be submitted with 30%, 60%, 90%, and 100% submittals). BBI will submit design plans for City review at 30%, 60% and 90% completion and will attend meetings with City staff to discuss any comments. Final deliverables will include all electronic MicroStation DGN and Adobe PDF project files. William D. Fitch Intersection Alternatives Analysis: Prior to the 30% submittal, BBI will provide an intersection alternatives analysis at William D. Fitch Parkway. The analysis will include three conceptual intersection designs, in KMZ format, and a decision matrix. Traffic Engineering BBI will provide the following traffic engineering services: Traffic Study 1. Data Collection / Traffic Counts a. BBI will visit the site to document existing conditions. b. BBI will coordinate collection and review of traffic count data. c. BBI will collect weekday AM and PM peak hour turning movement counts (7-9 AM, 4-6 PM) at the following study intersections: i. Bird Pond Road at Rock Prairie Road ii. Town Lake Drive at Rock Prairie Road iii. Dublin Parkway at Rock Prairie Road iv. Williams Lake Road at Rock Prairie Road v. Joe Will Drive at Rock Prairie Road vi. William D. Fitch Parkway at Rock Prairie Road d. BBI will collect 24-hour bi-directional volume counts for the following roadways: Page 128 of 506 Raquel Gonzales, PE, CFM June 27, 2023 Page 3 of 7 1701 Southwest Parkway, Suite 111, College Station, Texas 77840 | 979.703.1809 | TxEng F-257 | BinkleyBarfield.com i. Rock Prairie Road (between Harris Drive and Bradley Road) 2. Meetings a. BBI will attend two virtual meetings with City staff to discuss and review the traffic study and traffic-related concerns and solutions. 3. Coordination a. BBI will coordinate with the City’s Traffic Engineering staff on the overall scope of the Traffic Impact Analysis to ensure that any issues or concerns are covered in the report. 4. Traffic Impact Study a. Study Assumptions i. Analysis Time Periods 1. Weekday AM Peak Hour (between 7am-9am) 2. Weekday PM Peak Hour (between 4pm-6pm) ii. Analysis Scenarios 1. Opening Year (2025) 2. 20-year (2045) 3. 30-year (2055) iii. Study Intersections 1. The study intersections will include the counted intersections described above. b. Analysis i. Traffic Forecasts 1. Traffic forecasts will be prepared for each of the study intersections based on the analysis time periods for each analysis scenario, each as described above. ii. Crash Analysis 1. BBI will conduct a crash analysis for each of the study intersections for five years, each as described above. 2. BBI will conduct a crash analysis for the roadway segments between intersections. iii. Roadway Capacity Analysis 1. BBI will conduct a capacity analysis for the roadway based on the analysis time periods for each analysis scenario, each as described above. iv. Intersection Capacity Analysis 1. BBI will conduct the level of service analysis for each of the study intersections based on the analysis time periods for each analysis scenario, each as described above. v. Turn Lane Analysis 1. BBI will evaluate the need for auxiliary lanes per the City and TxDOT specific requirements. 2. BBI will evaluate the operations of the proposed turn lanes to ensure no issues are anticipated. vi. Traffic Signal Warrant Analysis 1. BBI will evaluate peak hour warrant, as presented in the latest edition of the TMUTCD, for the installation of a traffic signal based on the analysis time periods for each analysis scenario, as described above at the following study intersections: a. Town Lake Drive at Rock Prairie Road (with future Bird Pond Road realignment at Town Lake intersection) b. William D. Fitch Parkway at Rock Prairie Road c. Report i. BBI will prepare a report summarizing the work tasks and findings of this study as well as any geometric and/or traffic control improvements that may be Page 129 of 506 Raquel Gonzales, PE, CFM June 27, 2023 Page 4 of 7 1701 Southwest Parkway, Suite 111, College Station, Texas 77840 | 979.703.1809 | TxEng F-257 | BinkleyBarfield.com recommended. The final report will be submitted to the city review unless otherwise requested. Public Engagement BBI will present at public meetings where the public is made aware of the proposed project and will prepare meeting materials including sign in sheets, handouts, and exhibits. The project scope includes preparation for, and attendance at, up to two (2) public meetings. Bidding and Construction Phase Services BBI will assist the City during the bidding process by attending the pre-bid meeting and assisting in the opening and tabulation of bids for construction of the project. BBI will provide engineering support services during construction to include attending the preconstruction conference, reviewing of shop drawings and resolution of contractor’s request for information (RFI’s), if required. A total of 42 site visits/progress meetings (bi-weekly construction meetings for 21 months) are included in this scope and will be provided as requested by the City for review of the contractor’s general conformance with the construction documents. If a site visit is requested and completed, BBI’s representative will prepare notes of the visit for distribution to all required parties. BBI will provide monthly 360 GoPro videos (21 total) as part of the progress meeting deliverable. Videos are provided for reference only to assist the City in processing monthly pay apps. (Note: This is not to be considered onsite Construction Observation.) BBI will also prepare record drawings (based on the contractor’s redlines) and provide the plan set in both Microstation DGN, and Adobe PDF formats. B. Services to be provided by Baseline Corporation (BL): BL will provide topographic surveying services per Attachment A: Baseline Corporation Proposal for Surveying Services dated June 21, 2023. C. Services to be provided by Terracon: Terracon will provide geotechnical engineering and construction materials testing services per Attachment B: Terracon Proposal for Geotechnical Engineering Services dated June 22, 2023, and Attachment C: Terracon Proposal for Construction Materials Testing Services June 22, 2023. D. Services to be provided by Plant People, LLC (PPL): PPL will provide tree services per Attachment D: Plant People, LLC, Proposal for Tree Services dated June 23, 2023. E. Services to be provided by Eddie Hare Accessibility Specialist (EHAS): EHAS will provide ADA registration, plan review, and site inspection services per Attachment E: Eddie Hare Accessibility Specialist Standard Services and Fees. F. To Be Provided by the City: The City will facilitate the provision of existing data (including copies of plats, utility plans, property boundary data, as-built plans, traffic studies, etc.) and any other available project related documentation, which would assist in the completion of the project. The City will review the 30%, 60%, and 90% plan submittals and will provide comments to BBI as part of the City’s internal review process. BBI will respond to the City comments as part of the review process. The City will be primarily responsible for coordinating with private utility providers with support from BBI staff as outlined above. The City will advertise and bid the project per the City’s current procurement process. Page 130 of 506 Raquel Gonzales, PE, CFM June 27, 2023 Page 5 of 7 1701 Southwest Parkway, Suite 111, College Station, Texas 77840 | 979.703.1809 | TxEng F-257 | BinkleyBarfield.com The City will provide construction inspection services and The City will issue public meeting press releases and notices. G. Schedule: Upon receiving the Notice to Proceed (NTP) from the City of College Station, BBI will provide 30% conceptual design plans for review within 180 calendar days (60 calendar days for data collection and 120 calendar days for conceptual design), 60% design plans within 105 calendar days, 90% design plans within 105 calendar days, and 100% plans within 35 calendar days. H. Assumptions: The project scope includes the design of a dedicated right turn lane, along Rock Prairie Road East, at the Town Lake Drive intersection if required. A Storm Water Quality Management Plan is not included in the work scope. A Preliminary Engineering Report (PER) is not required. A formal drainage report / study and off-stie detention analysis and design is not required. Water, sewer, and private utility design services are not included in the scope of services and will be the responsibility of the respective utility companies. Project limits include Rock Prairie Road East from Town Lake Drive to William D. Parkway. It is anticipated that project limits end at the edge of the cross-street pavement and do not extend into the intersections. I. Reimbursable Expenses: Reimbursable expenses including mileage, reproduction, and delivery services are included within the lump sum fee. J. Compensation: We propose to provide the specific services described above as follows: Design Subsurface Utility Engineering (Unit Cost / Specified Rate) $ 53,780.00 Utility Coordination (Lump Sum) $ 23,951.50 Project Management & Engineering Design Services (Lump Sum) $ 774,990.50 Traffic Engineering Services (Traffic Study) (Lump Sum) $ 36,189.50 Public Engagement Services (Lump Sum) $ 14,955.50 Topographic Surveying Services (Lump Sum) $ 85,000.00 Misc. Topographic Surveying Services (Hourly) $ 10,000.00 Geotechnical Engineering Services (Estimated NTE) $ 28,200.00 Tree Inventory and Design Services (Lump Sum) $ 26,690.00 ADA Registration, Plan Review, Site Inspection (Estimated NTE) $ 2,500.00 Design Subtotal $1,056,257.00 Bidding and Construction Bidding and Construction Phase Services (Lump Sum) $ 67,758.50 Construction Materials Testing Services (Unit Rate) $ 271,365.00 Tree Construction Phase Services (Hourly) $ 9,360.00 Bidding and Construction Subtotal $ 348,483.50 Total Project Fee $ 1,404,740.50 Page 131 of 506 Raquel Gonzales, PE, CFM June 27, 2023 Page 6 of 7 1701 Southwest Parkway, Suite 111, College Station, Texas 77840 | 979.703.1809 | TxEng F-257 | BinkleyBarfield.com All work to be completed on a unit rate basis will be in accordance with their respective rate sheets provided within this proposal. Please note that our fees are based on the project being implemented based on the assumptions of this proposal with regards to its scope, without major changes or unforeseen conditions. In the event the scope of work requires additional hours to be spent above the budgeted amount, we will discuss this with the Client prior to exceeding the budget amount stated above. K. Additional Services: We have made our best effort to prepare a thorough and complete proposal to successfully complete this project. However, there may be additional services we are not currently aware of that may be required or that the Client may desire we provide. Should such a situation occur, a separate proposal would be submitted to the Client for approval prior to our beginning the additional services. Please call should you have any questions. Thank you again for selecting Binkley & Barfield for this assignment and we look forward to working with the City of College Station. Sincerely, Binkley & Barfield Brandon M. Boatcallie, P.E. Project Principal bmb@binkleybarfield.com Page 132 of 506 Raquel Gonzales, PE, CFM June 27, 2023 Page 7 of 7 1701 Southwest Parkway, Suite 111, College Station, Texas 77840 | 979.703.1809 | TxEng F-257 | BinkleyBarfield.com Page 133 of 506 Attachment A Baseline Corporation Proposal for Surveying Services Page 134 of 506 Page 135 of 506 June 22, 2023 Page 136 of 506 Classification Unit Billable Rate Field Personnel One (1) Member Survey Crew Hour $110.00 Two (2) Member Survey Crew Hour $175.00 Three (3) Member Survey Crew Hour $215.00 Office Personnel Principal (PE and/or RPLS) Hour $250.00 Professional LSLS/CFedS Hour $250.00 Sr. GIS Manager Hour $140.00 Sr. Project Manager (RPLS) Hour $175.00 Project Manager (RPLS) Hour $160.00 Project Surveyor Hour $140.00 Sr. Survey Technician Hour $115.00 Survey Technician Hour $100.00 Administrative Assistant Hour $80.00 Expert Consultant/Witness Expert Witness and Testimony Hour (8 hours min.) $300.00 Other Direct/Indirect Expenses Mileage Hour Current federal rate Terrestrial Laser Scanner Hour $80.00 UAS-Drone LiDAR Hour $600.00 Boat with Motor Day $160.00 All-Terrain Vehicle Day $120.00 Professional Abstractor/Deeds, Plats -- At cost plus 10% Outside Copies/Mailing/Deliveries/Materials -- At cost plus 10% Lodging Night $125.00 per person Meals (for overnight stays only) Day $46.00 per person *These rates are subject to a Consumer Price Index (CPI) adjustment. 4. Reimbursable (out-of-pocket) expenses are charged at cost plus 10%. Baseline Corporation 2023 Billable Rates by Classification 1. Field personnel rates include standard surveying equipment and other standard materials such as stakes, iron rods, flagging, and paint. 2. Mileage is not charged for survey field crews unless specifically specified within agreements. 3. Cost for lodging is subject to change dependent on the geographic location of the work. Direct Expenses Revised: 1/9/2023Page 137 of 506 Page 138 of 506 Page 139 of 506 Attachment B Terracon for Geotechnical Engineering Services Page 140 of 506 Page 141 of 506 Page 142 of 506 Page 143 of 506 Page 144 of 506 Page 145 of 506 Page 146 of 506 Page 147 of 506 Page 148 of 506 Page 149 of 506 Page 150 of 506 Page 151 of 506 Page 152 of 506 Page 153 of 506 Page 154 of 506 Attachment C Terracon Proposal for Construction Materials Testing Services Page 155 of 506 TASK NUMBER SUB TASK NUMBER SUB TASK NUMBER DESCRIPTION RATE QUANTITY UNITS TRIPS TOTAL QUANTITY TOTAL 1 Site & Utility Package 1.1 Earthwork - General Fill 1.1.1 Density Testing NICET/Sr. Engineering Technician 85.00$ 3.00 hours 40 120.00 $10,200.00 Project Manager 150.00$ 0.25 hours 40 10.00 $1,500.00 Nuclear Gauge (Equipment) 75.00$ 1.00 days 40 40.00 $3,000.00 Vehicle Trip Charge 45.00$ 1.00 day 40 40.00 $1,800.00 Sub Total $16,500.00 1.1.2 Sample Pickup ACI Field I Technician 75.00$ 2.00 hours 4 8.00 $600.00 Project Manager 150.00$ 0.25 hours 4 1.00 $150.00 Standard Proctor 150.00$ 2.00 tests 4 8.00 $1,200.00 Atterberg Limits Determination (3 pt.)60.00$ 2.00 tests 4 8.00 $480.00 Sieve Analysis (Washed over #200 sieve)35.00$ 2.00 tests 4 8.00 $280.00 Vehicle Trip Charge 45.00$ 1.00 day 4 4.00 $180.00 Sub Total $2,890.00 1.2 Earthwork - Utilities 1.2.1 Density Testing NICET/Sr. Engineering Technician 85.00$ 4.00 hours 20 80.00 $6,800.00 Project Manager 150.00$ 0.25 hours 20 5.00 $750.00 Nuclear Gauge (Equipment) 75.00$ 1.00 days 20 20.00 $1,500.00 Vehicle Trip Charge 45.00$ 1.00 day 20 20.00 $900.00 Sub Total $9,950.00 1.2.2 Sample Pickup ACI Field I Technician 75.00$ 2.00 hours 10 20.00 $1,500.00 Project Manager 150.00$ 0.25 hours 10 2.50 $375.00 Standard Proctor 150.00$ 1.00 tests 10 10.00 $1,500.00 Atterberg Limits Determination (3 pt.)60.00$ 1.00 tests 10 10.00 $600.00 Sieve Analysis (Washed over #200 sieve)35.00$ 1.00 tests 10 10.00 $350.00 Unconfined Compressive Strength 300.00$ 1.00 tests 10 10.00 $3,000.00 Vehicle Trip Charge 45.00$ 1.00 day 10 10.00 $450.00 Sub Total $7,775.00 1.3 Proof Rolling NICET/Sr. Engineering Technician 85.00$ 3.00 hours 20 60.00 $5,100.00 Project Manager 150.00$ 0.25 hours 20 5.00 $750.00 Vehicle Trip Charge 45.00$ 1.00 day 20 20.00 $900.00 Sub Total $6,750.00 1.4 Lime-Treated Fill Subgrade 1.4.1 Density Testing & Depth Checks NICET/Sr. Engineering Technician 85.00$ 4.00 hours 20 80.00 $6,800.00 Project Manager 150.00$ 0.25 hours 20 5.00 $750.00 Nuclear Gauge (Equipment) 75.00$ 1.00 days 20 20.00 $1,500.00 Lime Treated Subgrade Depth Check 30.00$ 5.00 each 20 100.00 $3,000.00 Vehicle Trip Charge 45.00$ 1.00 day 20 20.00 $900.00 Sub Total $12,950.00 1.4.2 Gradations & Sample Pickup ACI Field I Technician 75.00$ 4.00 hours 20 80.00 $6,000.00 Project Manager 150.00$ 0.25 hours 20 5.00 $750.00 Standard Proctor 150.00$ 5.00 tests 20 100.00 $15,000.00 Atterberg Limits Determination (3 pt.)60.00$ 5.00 tests 20 100.00 $6,000.00 Lime Series 150.00$ 4.00 tests 1 4.00 $600.00 pH Testing 35.00$ 5.00 tests 20 100.00 $3,500.00 Sieve/Gradation 30.00$ 5.00 each 20 100.00 $3,000.00 Vehicle Trip Charge 45.00$ 1.00 day 20 20.00 $900.00 Sub Total $35,750.00 Fee Estimate Materials Services Rock Prairie East - Lakeshore to William D Fitch Terracon Proposal No. PA1231076 Page 156 of 506 TASK NUMBER SUB TASK NUMBER SUB TASK NUMBER DESCRIPTION RATE QUANTITY UNITS TRIPS TOTAL QUANTITY TOTAL Fee Estimate Materials Services Rock Prairie East - Lakeshore to William D Fitch Terracon Proposal No. PA1231076 1.5 Site & Paving Concrete Testing 1.5.1 Concrete Testing ACI Field I Technician 75.00$ 5.00 hours 170 850.00 $63,750.00 Project Manager 150.00$ 0.25 hours 170 42.50 $6,375.00 75.00$ 420.00 tests 1 420.00 $31,500.00 Vehicle Trip Charge 45.00$ 1.00 day 170 170.00 $7,650.00 Sub Total $109,275.00 1.5.2 Sample Pickup ACI Field I Technician 75.00$ 2.00 hours 170 340.00 $25,500.00 Project Manager 150.00$ 0.25 hours 170 42.50 $6,375.00 Vehicle Trip Charge 45.00$ 1.00 day 170 170.00 $7,650.00 Sub Total $39,525.00 1.6 Proposal, Project Setup & Onsite Meetings Project Manager 150.00$ 200.00 hours 1 200.00 $30,000.00 Sub Total 200.00 $30,000.00 Total $271,365.00 Page 157 of 506 Attachment D Plant People LLC, Proposal for Tree Services Page 158 of 506 Rock Prairie East Expansion Project PREPARED FOR: Binkley & Barfield Consulting Engineers 1701 Southwest Parkway Suite 111 College Station, TX 77840 Phone: 979-703-1809 June 23, 2023 PREPARED BY: Jeffrey N. Lehde, M.S., BCMA ISA Board-Certified Master Arborist #TX-1113B Plant People, LLC P.O. Box 30 Wellborn, TX 77881 (Off.) 979-224-3916 Page 159 of 506 PLANT PEOPLE, LLC P.O. Box 30 Wellborn, TX 77881 Office 979.224.3916 _________________________________________ ___________________________________ Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. Summary of Proposals Client: Binkley & Barfield Date: June 23, 2023 Mailing Address: 1701 Southwest Parkway Suite 111 College Station, TX 77840 Arborist: License #: Jeff Lehde TX1113B Contact #: Brandon Botcallie (979) 703-1809 BMB@binkleybarfield.com Work Location: Rock Prairie Road East of Hwy 6 to William D. Fitch, College Station, TX Proposal Summary Tree Inventory $ 5,400.00 Design Phase $ 21,290.00 Construction Phase $ 9,360.00 Total $ 36,050.00* Page 160 of 506 PLANT PEOPLE, LLC P.O. Box 30 Wellborn, TX 77881 Office 979.224.3916 _________________________________________ ___________________________________ Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. Proposal Client: Binkley & Barfield Date: June 23, 2023 Mailing Address: 1701 Southwest Parkway Suite 111 College Station, TX 77840 Arborist: License #: Jeff Lehde TX1113B Contact #: Brandon Botcallie (979) 703-1809 BMB@binkleybarfield.com Work Location: Rock Prairie Road East of Hwy 6 to William D. Fitch, College Station, TX Tree Inventory Collect tree data for approximately 300 trees that may be impacted by construction. Data collection will include tree diameter, species, and other descriptive attributes to help determine tree preservation requirements. Each tree will be tagged with a unique numerical identification marker for the surveyor to locate. The tree data will be submitted electronically in spreadsheet format. It is assumed that right of entry to access trees on private property will be provided by the project owner. $ 5,400.00 Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. Total $ 5,400.00* Page 161 of 506 PLANT PEOPLE, LLC P.O. Box 30 Wellborn, TX 77881 Office 979.224.3916 _________________________________________ ___________________________________ Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. Proposal Client: Binkley & Barfield Date: June 23, 2023 Mailing Address: 1701 Southwest Parkway Suite 111 College Station, TX 77840 Arborist: License #: Jeff Lehde TX1113B Contact #: Brandon Botcallie (979) 703-1809 BMB@binkleybarfield.com Work Location: Rock Prairie Road East of Hwy 6 to William D. Fitch, College Station, TX Design Phase Work Scope Public Meetings Attend two public meetings, provide advice regarding tree impacts, and submit written recommendations to the design firm to address the tree related concerns from each meeting. (Billed hourly assuming 2 meetings.) $ 1,300.00 Design Review 60% Review tree survey and alignment plans to identify impacted trees. Make onsite inspections to confirm conflicts and provide tree protection/treatment recommendations for individual trees impacted. $ 12,600.00 Design Review 90% Review plans to identify changes to impacted trees. Make onsite inspections to confirm conflicts and provide tree protection/treatment recommendations for individual trees impacted. $ 3,640.00 Technical Drawings & Specifications Provide tree protection treatment drawings and specifications for this project. (Binkley & Barfield will format drawings for the plans). $ 1,800.00 Budget Estimate Provide budget estimates for tree protection/treatment recommendations. $ 650.00 Final Review Review any City comments and provide finalized tree protection measures, special specifications, and cost estimates. $ 1,300.00 Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. Total $ 21,290.00* Page 162 of 506 PLANT PEOPLE, LLC P.O. Box 30 Wellborn, TX 77881 Office 979.224.3916 _________________________________________ ___________________________________ Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. Proposal Client: Binkley & Barfield Date: June 23, 2023 Mailing Address: 1701 Southwest Parkway Suite 111 College Station, TX 77840 Arborist: License #: Jeff Lehde TX1113B Contact #: Brandon Botcallie (979) 703-1809 BMB@binkleybarfield.com Work Location: Rock Prairie Road East of Hwy 6 to William D. Fitch, College Station, TX Construction Phase Work Scope Attend Pre-Bid Meeting. (Billed hourly assuming 2 hrs.) $ 520.00 Attend Pre-Construction Meeting. (Billed hourly assuming 2 hrs.) $ 520.00 Submittal Review Review tree protection submittals from Contractor and provide feedback to Design firm (billed hourly assuming 2 hrs.) $ 520.00 Weekly Site Inspections Provide monthly site inspections for compliance with required tree preservation measures. (Billed hourly assuming 15 inspections.) $ 7,800.00 Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. Total $ 9,360.00* Page 163 of 506 Attachment E Eddie Hare Accessibility Specialist Standard Services and Fees Page 164 of 506 EDDIE HARE-ACCESSIBILITY SPECIALIST TDLR/TAS Registered Accessibility Specialist #0008 5855 Foster Road * Bryan, Texas 77807 ehare@eddiehare.com (979) 775-6850 office * (979) 820-0149 cell REVISED January 2022 What and How to Submit a Project for Registration and/or Review I.Any project with an estimated cost of $50,000.00 or more is required to be registered, reviewed, and inspected to ensure compliance with the Architectural Barrier Free Act. Texas Department of Licensing and Regulation under the authority of Texas Government Code, Chapter 469. II. A complete submittal consists of the following: a. Complete set of construction documents (Architectural/Civils/Mechanical/Specifications), all in electronic pdf content, less than 30mb per submittal. b. A check made out to EDDIE HARE-ACCESSIBILITY SPECIALIST (see the fee schedule below) ** or use the credit card payment option. (Ask for a credit card authorization form). c. Please submit project registration or the completed registration form for us to register for you, owners designated form and proof of submission, see the TDLR website to download or email us for the forms needed for your project. d. Forms and copies of the TAS Standards and/or Administrated Rules can be downloaded from the TDLR web site @ https://www.tdlr.texas.gov III.Fee schedule is as follows: Cost of Project Registration fee Plan Review Inspection (100 total miles included) $50,000.00-199,999.00 $175.00 $350.00 $400.00 $200,000.00-499,999.00 $175.00 $450.00 $450.00 $500,000.00-999,999.00 $175.00 $500.00 $500.00 $1,000,000.00-4,999,999.00 $175.00 $600.00 $600.00 $5,000,000.00-9,999,999.00 $175.00 $650.00 $650.00 $10,000,000.00-14,999,999.00 $175.00 $750.00 $750.00 $15,000,000.00-24,999,999.00 $175.00 $850.00 $850.00 Over $25,000,000.00 $175.00 $950.00 $950.00 (the registration fee is paid to TDLR and is not refundable) Inspection service fees include a 50-mile radius of the Bryan/College Station area in excess of the 100-mile round trip is per quote. Upon request, re-inspection of a Disapproved project is $175.00 an hour-2-hours min., plus expenses. Preliminary Plan Review or an Accessibility Survey or a Plan Revision Review is also $175.00 an hour-2-hour min., plus expenses and/or travel. If urgent attention is needed, please call my mobile# 979-820-0149. You may reach us via e-mail at: ehare@eddiehare.com or jhare@eddiehare.com THE TEXAS DEPARTMENT OF LICENSING AND REGULATION CAN BE REACHED AT THE FOLLOWING: P.O. Box 12157 Austin, Texas 78711 or 512-463-6599 * 800-803-9202 or at the TDLR Web-site https://www.tdlr.texas.gov or email techinfo@tdlr.texas.gov THE REVIEW OF DOCUMENTS AS CONTRACT DOCUMENTS AND FIELD INSPECTIONS, BY THIS REGISTERED ACCESSSIBLITY SPECIALIST, EDDIE HARE, FOR THE TEXAS DEPARTMENT OF LICENSING AND REGULATION (TDLR), AUSTIN, TEXAS, IS BASED ON BEST EFFORTS ENDEAVOR FOLLOWING INSTRUCTION AND CERTIFICATION BY BOTH TDLR AND ICBO. PLAN REVIEW AND INSPECTION IN NO WAY WARRANTS COMPLETE COMPLIANCE TO THE TEXAS ACCESSIBLITY STANDARDS. THIS BUSINESS, THE PROFESSIONAL, HIS EMPLOYEES, AND CLIENT FOR WHOM THE REVIEW OR INSPECTION IS MADE AGREES TO HOLD HARMLESS AND INDEMNIFY THE REGISTERED ACCESSIBILTY SPECIALIST, EDDIE HARE, AND THE TDLR FROM AND AGAINST ANY LIABILITY ARISING FROM THE PERFORMANCE OF THE WORK Page 165 of 506 Contract No.__________ A&E Professional Services with Construction Form --202 EXHIBIT C CERTIFICATE(S) OF INSURANCE Page 166 of 506 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE American Guarantee and Liability Ins.Co Zurich American Insurance Company Evanston Insurance Company 7/24/2023 Propel Insurance 1201 Pacific Avenue; Suite 1000 COM Middle Market Tacoma, WA 98402-4321 Kellie Hogan 800 499-0933 866 577-1326 kellie.hogan@propelinsurance.com Binkley & Barfield Inc. DCCM LLC 1710 Seamist Dr. Houston, TX 77008 26247 16535 35378 A X X X BI/PD Ded:2,000 X X GLO872027300 06/30/2023 06/30/2024 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 B X X X BAP87202400 06/30/2023 06/30/2024 1,000,000 A X X SXS808437600 06/30/2023 06/30/2024 10,000,000 10,000,000 B N WC872027200 06/30/2023 06/30/2024 X 1,000,000 1,000,000 1,000,000 C Professional, Pol MKLV7PL0005491 08/06/2022 08/06/2023 $5,000,000 CLM $10,000,000 Agg. RE: ROCK PRAIRIE EAST WIDENING The City of College Station Additional Insured Status applies per attached form(s). Primary non contributory applies per attached form(s). Waiver of Subrogation applies per attached form(s). City of College Station PO Box 9960 1101 Texas Ave College Station, TX 77842 1 of 1 #S6050713/M6005022 DCCMLLCClient#: 189537 CRS01 1 of 1 #S6050713/M6005022 Page 167 of 506 This page has been left blank intentionally. Page 168 of 506 U-GL-2168-A CW (02/19) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured – Owners, Lessees Or Contractors – Completed Operations THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO872027300 Effective Date: 06.30.2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION, OTHER THAN AN ARCHITECT, ENGINEER OR SURVEYOR, WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED UNDER THIS POLICY UNDER A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS. ANY LOCATION OR PROJECT, OTHER THAN A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM LOCATION OR PROJECT FOR WHICH INSURANCE IS OTHERWISE SEPARATELY PROVIDED TO YOU BY A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, 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 such Schedule, performed for that additional insured and included in the "products-completed operations hazard". All other terms, conditions, provisions and exclusions of this policy remain the same. Page 169 of 506 U-GL-2169-A CW (02/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured – Owners, Lessees Or Contractors – Scheduled Person Or Organization THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO872027300 Effective Date: 06.30.2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION, OTHER THAN AN ARCHITECT, ENGINEER OR SURVEYOR, WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED UNDER THIS POLICY UNDER A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS. ANY LOCATION OR PROJECT, OTHER THAN A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM LOCATION OR PROJECT FOR WHICH INSURANCE IS OTHERWISE SEPARATELY PROVIDED TO YOU BY A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM 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 of this endorsement, 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 in such Schedule. 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 Page 170 of 506 U-GL-2169-A CW (02/19) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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. All other terms, conditions, provisions and exclusions of this policy remain the same. Page 171 of 506 Other Insurance Amendment – Primary And Non- Contributory U-GL-1327-B CW (04/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. GLO872027300 6.30.2023 6.30.2024 6.30.2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. Page 172 of 506 COMMERCIAL GENERAL LIABILITY CG 24 53 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Wolters Kluwer Financial Services, Inc. | Uniform Forms WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) – AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS 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 against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. Page 173 of 506 POLICY NUMBER:GLO872027300 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 Wolters Kluwer Financial Services | Uniform FormsTM DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. Page 174 of 506 Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III – Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 175 of 506 U-CA-424-H CW (10/21) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Coverage Extension Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP872027400 Effective Date: 6.30.2023 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II – Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any “employee” of yours is also 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. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment – Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II – Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the 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. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II – Covered Autos Liability Coverage does not apply. Page 176 of 506 U-CA-424-H CW (10/21) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II – Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in B. Exclusions of Section III – Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions of Section IV – Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" that is a "private passenger type", light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and includes an "auto" of the pickup or van type if not used for business purposes. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage – Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; Page 177 of 506 U-CA-424-H CW (10/21) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: Page 178 of 506 U-CA-424-H CW (10/21) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Temporary Substitute Autos – Physical Damage 1. The following is added to Section I – Covered Autos: Temporary Substitute Autos – Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos – Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured’s" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: Page 179 of 506 U-CA-424-H CW (10/21) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos – Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official’s duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto – World Wide Coverage Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. T. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II – Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "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. U. Physical Damage – Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III – Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 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 Causes 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 expiration, when the covered "auto" is returned to use or we pay for its "loss". Page 180 of 506 U-CA-424-H CW (10/21) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. W. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered “auto” is stolen and recovered, we will pay the cost of transport to return the “auto” to you. We will pay only for those covered “autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. Page 181 of 506 U-GL-107-A CW (10/16 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Blanket Notification To Others Of Cancellation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO872027300 Effective Date: 06.30.2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2. 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of e-mailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms, conditions, provisions and exclusions of this policy remain the same. Page 182 of 506 WC124 (4-84) Page 1 of 1 WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform FormsTM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 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 Policy No. WC872027200 Endorsement No. Insured DCCM LLC Premium $ Insurance Company Countersigned by Zurich American Insurance Company Page 183 of 506 WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1 WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following “attaching clause” need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 06.30.2023 at 12:01 A.M. standard time, forms a part of (DATE) Policy No.WC872027200 Endorsement No. of the Zurich American Insurance Company (NAME OF INSURANCE COMPANY) issued to DCCM LLC Premium (if any) $ Authorized Representative 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers’ compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Blanket Waiver of Subrogation Job Description Page 184 of 506 WC 42 03 04 B © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Page 1 of 1 (Ed. 06-14) Wolters Kluwer Financial Services | Uniform FormsTM 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 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 06.30.2023 Policy No. WC872027200 Endorsement No. Insured Premium Insurance Company Countersigned by Page 185 of 506 This page has been left blank intentionally. Page 186 of 506 August 24, 2023 Item No. 6.4. Rock Prairie East Construction Contract Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a construction contract with Brazos Paving, Inc. in the amount of $7,840,856.15 for construction services for the Rock Prairie East Widening Project (Hwy. 6 to Town Lake Dr.), plus the City’s contingency in the amount of $392,000 for a total appropriation of $8,232,856.15. Approval of this item grants authority for the City Manager to authorize expenditures up to the City's contingency amount. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: This project includes the reconstruction of Rock Prairie Road from approximately State Highway 6 to Town Lake. The existing asphalt road will be replaced with a concrete roadway including curb, gutter, underground storm sewer, bike paths, and sidewalks. The City of College Station received three (3) Competitive Sealed Proposals (CSP). After evaluating the proposals, Brazos Paving, Inc. was selected as the most qualified firm. The project is proposed to begin in Fall of 2023 and is contracted to take 600 calendar days to complete. Budget & Financial Summary: Funds in the amount of $8,550,000.00 are currently budgeted for this project in the Streets Capital Improvement Projects Fund. A total of $296,466.79 has been expended or committed to date, leaving a balance of $8,253,533.21 for this construction contract and remaining project expenses. Attachments: 1. Rock Prairie East Project Location Map 2. Rock Prairie East Construction Vendor Signed Contract Page 187 of 506 SCHAFFER ROAD SCOTTANDWHIT EDRIVEPONDEROSA DRIVEN O RMAND DRIVE DUBLINPARKWAYD O U B L E MOU N T A IN ROADSTONEBROOKDRIVE EAGLEAVENUEDOUBLEMOUNTAINROAD FROST DRIVE W O O D C R E E K D R IVEMEDICALAVENUEH E A L I N G WA Y DU RHAMLOOPBIRMINGHAM ROADLICKCREEKTRIBUTAR Y 1 0 LICKCREEKTRIBUTARY12FO XFIRECR E E KT RIBUTA R Y 2 L I CKCREEK T RIBUTARY14 FO X FIRECREEKT R IBUTARY4LICK CR E E K TRIBUTA R Y1 3FOXFIRECREEK L I C K CREEKTRIBUTARY11 LICK CRE E K T E C HNOLOGYPARKWAYFLYINGACEC I RC L E RITCHEY ROADEMERALDDOVE AVENUEES S E X G R EEN RIVERSTONECOURTDOVECHASELANEPINONDRIVECRYSTALDOVEAVENUEW HITEDOVE TRAIL A U T U M N W O O D D R IV ESHADOWCRESTDRIVE AMISTAD LOOPTOLEDO BEND DRIVE MYSTIC DOVE WAY BALLY MORE DRIVE HA W K O WLCOVE B RID L E C O U RT SUNLAKECOURT STONEBRI DG E DRIVE S C ARBOR OUGHD RI VEWATERFORD D RIV E GOLD FINCH CIRCLE DOVECROSSING LANE BRIDLEGATEDRIVEW HITNE YLANEWESLAYAN COURT CRYS T ALLANEL A K E SID EC O U R T WHITNEY COURT BI RMI NGHAM ROAD LAKEFOR E S TCOURTSO U T H GRANGERLANE FONTAINE DRIVE S U S S E XDRIVE WILSHIRECOURT A M B E R W OOD C O U R T DOVELANDINGAVENUEMINERALWELLS LANESARADRIVE GLENNA COURT BLOOMFIELD LANE PUFFIN WAY CHADWICK LANE YELLOWTANAGER COURT LO D G EP O LE CIR CLE TIMBERKNOLLDRIVEDOVE RUNTRAILLAKEFORESTCOURTNORTHTRUMPETER SWANDRIV E TURTLEDOVE TRAILWHITEWING LANEBROOKWATER CIRCLEROCK PRAIRIE ROAD BIRD PO ND RO ADROC K P R A I RIE R O A D MIDTOWN DRI V E LONGMIRE DRIVE GRAHAMROADTOWNLAKEDRIVETOWNLAKEDRIVEFRONTAGE6 ROAD WEST F R O N TA G E TEX AS AVE S F R O N T A G E 6 R O A D E A S T BARRONROADR O C K P R A I R I E R O A D ROCKPRAIRIEROADFRONTA G E 6ROAD E A S T EA R L R U D D E R FR E E W A Y S O U T H E A R L R U D D E R F R EE W AY S O U T HEARLRUDDERFREEWAYSOUTH S H 6 S S O U T H B O U ND ON R A M P A T R O C K P R AIRIE RD STATE HIGHWAY6S B A R R ON R D O F F R A M P A T S H 6 S S O U T H B O U N D S H 6 S N O R T H B O U N D O N R A M P A T B A R R O N R D STATE HIGHWAY6S A A B B C C D D E E 5 5 4 4 3 3 2 2 1 1 STATE HIGHWAY 6 S Legend Streets Functional Classification FREEW AY MAJOR ARTERIAL MAJOR COLLECTOR MINOR ARTERIAL MINOR COLLECTOR LOCAL STREET PRIVATE STREET ALLEY ACCESS ROADS Property Parcels Rivers Project Location M apRock Prairie RoadSH6 to Town Lake Drive± ± Created: 8/31/2020 0 1,900 3,800 5,700 7,600 9,5004759501,425Feet Feet Overview Map DISCLAIMER: This product is for informational purposes and may not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is made bythe City of College Station regarding specific accuracy or completeness. Page 188 of 506 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: PROJECT#: _________ BID/RFP/RFQ#: Project Name / Contract Description: _ Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE 23300663 ST2004 23-076 Rock Prairie East Widening - Hwy 6 to Town Lake Brazos Paving Inc. $7,840,856.15 Three (3) Competitive Sealed Proposals (CSP) were submitted. Funds in the amount of $8,550,000.00 are currently budgeted for this project in the Streets Capital Improvement Projects Fund. A total of $296,466.79 has been expended or committed to date, leaving a balance of $$8,253,533.21 for this construction contract and remaining project expenses. N/A 08/24/23 BW BW N/A N/A N/A Page 189 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 1 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT This Agreement is entered into by and between the City of College Station, a Texas home-rule municipal corporation (the “City”) and ______________________________________________________ (the “Contractor”) for the construction and/or installation of the following: _________________________________________________________________________________________. 1. DEFINITIONS 1.01 Calendar Day.The term "calendar day" shall mean any day of the week or month, no days being excepted. 1.02 City.The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 City’s Consultant.The term “City’s Consultant” or “Consultant” shall mean and be understood as referring to the City’s design professional(s) for the Project. 1.04 City's Representative.The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent. 1.05 Contingency Amount.The term “Contingency Amount” shall mean and be understood as referring to the amount established and appropriated by the City, to be used exclusively by the City and in the City’s sole discretion, to pay City-authorized costs associated with Change Orders and other related expenses for this Project. The Contractor agrees that the Contingency Amount, if any, is established by and is for the sole use of the City, that the Contingency Amount is not included in the Contract Amount, and that the Contractor has no right to use or receive any Contingency Amount unless authorized by the City in a written and duly authorized change order. The City’s Contingency Amount is: ___________________________________________________________ and ______/100 Dollars ($______________________). 1.06 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:_________________________________________________________ and ______/100 Dollars ($______________________). 1.07 Contract Documents.The term "Contract Documents" shall mean those documents listed in Section 2.01. 1.08 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. 1.09 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. Page 190 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 2 1.10 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. 1.11 Final Completion.The term "Final Completion" shall mean that all the Work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. 1.12 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"). 1.13 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. 1.14 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. 1.15 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. 1.16 Parties.The "parties" are the City and the Contractor. 1.17 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. 1.18 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. Page 191 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 3 1.19 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. 1.20 Substantially Completed.The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including retainage, however, shall be withheld until Final Completion and acceptance of the Work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.21 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. 1.22 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”). (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. Page 192 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 4 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 Section2.05,however, shall not relieve the Contractor of any of the obligations set forth in Sections 8.01. and 8.02 of this Agreement. 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, includingall 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. Page 193 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 5 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 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 Page 194 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 6 the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the Work, the time needed to complete the Work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the Work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any Work 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 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. Additional days or changes to the number of days in the Construction Schedule shall also be by written change order. After a written change order is approved and fully executed by all parties, the Contractor shall submit an updated Construction Schedule that reflects changes authorized by approved change orders. 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. Page 195 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 7 (c)Schedules of the starting and ending dates of subcontractors and the scope of Work contemplated for subcontractors. (d)Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Project Superintendent/Manager. (e)For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the submission thereof, including PDF/electronic versions and CAD files. (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. Page 196 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 8 (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 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 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. Page 197 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 9 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. 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 Page 198 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 10 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 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 Page 199 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 11 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 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 Page 200 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 12 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. 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. Page 201 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 13 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. 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. Page 202 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 14 (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. 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 Page 203 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 15 modification, an updated Project Schedule and 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. 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, 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: 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. Page 204 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 16 16.09 Unless otherwise provided in the Contract Documents: (a)Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; (b)Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Amount but not in the allowances; 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 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. (c)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. (j)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. Page 205 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 17 17. EXTRA WORK CHARGES 17.01 No changes shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02 City Manager Approval. When the original contract amount plus all change orders is One Hundred Thousand Dollars ($100,000)or less, the City Manager or his designee may approve the written change order in accordance with 17.03 below, provided the change order does not increase the total amount set forth in the Contract to more than One Hundred Thousand Dollars ($100,000). For such contracts, when a change order results in a total contract amount that exceeds One Hundred Thousand Dollars ($100,000), the City Council of the City must approve such change order prior to commencement of the services or work. 17.03 For "Extra Work", as defined in this Agreement 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 this Agreement 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 Page 206 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 18 performing all the Work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the Work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the Work and the Contractor shall assume and pay the costs of the performance of the Work as contracted. (a)It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a written work order signed by City. (b) No claim for Extra Work of any kind will be allowed unless ordered in writing by the City. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive compensation or an adjustment in the construction time, it shall make written request to City's Representative for a written order from City authorizing such Extra Work. (c)Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the Work after making written requests for written orders in a change order and shall keep adequate and accurate account of the actual field costs therefor, as provided under Method C. (d)It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Method A - By agreed unit prices, or Method B - By agreed lump sum, or Method C - If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost (as defined in subsection (g) below) of the Work. (e) Method A - Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as follows: (1)The cost of materials shall be determined by the invoices; (2)The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. (g) Method C - Actual Field Costs.The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, workers’ compensation, and all other insurance as may be required by law or ordinances or required and agreed to Page 207 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 19 by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1)No indirect or consequential damages will be allowed. (2)All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned man loading to actual man loading, or any other analysis that is used to show damages indirectly. (3)Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4)The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01 The date of beginning, the time for Substantial Completion and Final Completion of Work as specified in this Agreement are of the essence of this Agreement. 18.02 The Work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post-award conference. 18.03 The Work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04 The Work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION 19.01 The Contractor shall notify City's Representative when, in the Contractor's opinion, the Contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the Work has been Substantially Completed, City's Representative shall inspect the Work for the preparation of a final punch list. Page 208 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 20 (a)If City's Representative and the City find that the Work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the Work. City's Representative shall not be required to provide a list of unfinished work. (b)If the City Representative and City find that the Work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19.02 The Substantial Completion of the Work shall not excuse the Contractor from performing all of the Work, whether of a minor or major nature, necessary for Final Completion and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01 Contractor shall notify the City's Representative when it believes that the Work has reached Final Completion as defined in this Agreement. 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. Page 209 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 21 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 National Weather Service Forecast Office for Easterwood Airport in College Station, Texas (KCLL/CLL); 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 Page 210 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 22 Substantially Complete or Finally Complete the Work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Section 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of_______________________________ and ______/100 DOLLARS ($______________)for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01 The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02 The Contractor shall take the necessary precautions to protect any areas adjacent to its Work. 24.03 The Work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01 Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (l) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative, and all work will be of good quality, free from faults and defects (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 law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04 Where more than a one (l) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. 25.05 This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 25.06 Defective Work Discovered During Warranty Period.If any of the Work is found or determined to be either defective, including obvious defects under warranty as set forth in this Section 25, or otherwise not in accordance with this Agreement within one (l) year after the date of the issuance of a certificate of Final Completion of the Work or a designated portion thereof, whichever is longer, or within one (l) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by Page 211 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 23 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. 25.08 If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the Work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the Work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09 The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10 The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (l) year after the installation or completion. The one (l) year warranty shall cover all Work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the Work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01 Wage Rates.Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02 Statutory Penalty.Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Section 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 Page 212 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 24 from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 26.06 Affidavit of Bills Paid.Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 27. INSURANCE 27.01 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth 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 Page 213 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 25 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. (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 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. Page 214 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 26 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, including any increases in value due to duly authorized change orders to the Work and Project. 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. Page 215 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 27 (c)Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: “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 Page 216 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 28 persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner 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 Page 217 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 29 materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whom it contracts to perform as required by Sections (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 and, if required by Contractor’s surety to cover increases in the dollar amounts or amount of Work that is increased by a duly authorized change order,Contractor shall secure performance and payment bond riders to increase the dollar amounts and coverages of the performance and payment bonds. (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. Page 218 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 30 (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 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, and any subsequently issued bond riders, 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 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 Page 219 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 31 written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 29.03 In the event the account shows that the cost to complete the Work is less than that which would have been the cost to City had the Work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the 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 this Agreement, 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 this Agreement). In the event Contractor Page 220 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 32 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 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 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 Page 221 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 33 comply with all applicable laws and regulations, and must maintain a permanent record of daily inspections available for examination by the City or other government authority. 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. 33. INDEMNITY 33.01 CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE,OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER 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 following specific instances: (a) The City is damaged due to the act, omission, mistake, fault or default of the Contractor. (b) In the event of any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) In the event of any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. (d) In the event of any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. (e) The removal of all debris related to the Work. (f) The acts and omissions of the subcontractors it hired. (g) The Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 33.03 The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. Page 222 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 34 33.04 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under 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 Page 223 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 35 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. Page 224 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 36 (g)If the Contractor commits a material default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 39. TERMINATION FOR CONVENIENCE 39.01 The performance of the Work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the Work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE 40.01 If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the Work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the Work itself 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; Page 225 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 37 (d)Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Repre- sentative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (e)With the approval of City's Representative, settle all outstanding liabilities and all claims arising out of such termination, orders, and subcontracts; (f)Deliver to City's Representative, when directed by City's Representative, all documents and all property, which if the Work had been completed, Contractor would have been required to account for or deliver to City's Representative, and transfer title to such property to City's Representative to the extent not already transferred. 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 for a period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT 44.01 This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45. EFFECTIVE DATE 45.01 This Agreement goes into effect when duly approved by all the parties hereto and is contingent upon Contractor obtaining the bonds required herein. 46. OTHER TERMS 46.01 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein Page 226 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 38 excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. 46.03 Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.04 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.05 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 46.06 Mediation.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. Page 227 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 39 46.11 Waiver.Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.12 Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.13 Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.14 Multiple Originals.It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.15 Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. 46.16 Verification No Boycott. 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) will not boycott energy companies during the term of this Contract. Page 228 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 Page | 40 List of Exhibits A.Wage Rates B.Performance & Payment Bonds C.Certificates of Insurance D.Plans & Specifications E.Construction Schedule F.Schedule of Values CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: ________________ Title: Date: APPROVED: City Attorney Date: ______________ Assistant City Manager/CFO Date: ______________ 8/11/2023 Sr. Vice President Billy Prewitt Page 229 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 EXHIBIT A DAVIS BACON WAGE RATES Page 230 of 506 Page 231 of 506 Page 232 of 506 Page 233 of 506 Page 234 of 506 Page 235 of 506 Page 236 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 1.Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2.Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3.The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 1/2) times the base hourly rate. 4.The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. 5.Except for Heavy/Highway Construction, building construction wage rates shall be paid to all workers except those workers engaged in site work and construction beyond five feet of buildings. Page 237 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Page 238 of 506 Page 239 of 506 Page 240 of 506 Page 241 of 506 Page 242 of 506 Page 243 of 506 Page 244 of 506 Page 245 of 506 Page 246 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Page 247 of 506 07/14/2023 Risk Services of Louisiana 510 N Valley Mills Dr Waco TX 76710 Michelle McCall (254) 772-6074 michelle_mccall@rslinsurance.com Brazos Paving, Inc. PO Box 714 Bryan TX 77806 United Fire & Casualty Company 13021 Texas Mutual Insurance Company 22945 Westchester Surplus Lines Insurance 10172 22-23 LIAB A 85315640 11/01/2022 11/01/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Employee Benefits 1,000,000 A 85315640 11/01/2022 11/01/2023 1,000,000 PIP-Basic 2,500 A 85315640 11/01/2022 11/01/2023 5,000,000 5,000,000 B N 0001207539 11/01/2022 11/01/2023 1,000,000 1,000,000 1,000,000 C Pollution - occurrence form G71755423003 11/16/2022 11/16/2023 1,000,000 General Liability, Automobile, Umbrella policies include blanket additional insured with primary and non contributory wording, waiver of subrgation and 10 day notice of cancellation as required by written contract. Workers compensation policy includes waiver of subrogatoin as required by written contract. City of College Station P O 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. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Page 248 of 506 Brazos Paving, Inc. 00004899 Risk Services - Leavitt Insurance Agencies 25 Certificate of Liability Insurance: Notes Job Description: (CSP) 23-076 Rock Prairie Widening (SH16 to Town Lake Dr) ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Page 249 of 506 BPI Materials LLC Limited Liability Company, Additional Named Insured Additional Named Insureds Other Named Insureds OFAPPINF (02/2007)COPYRIGHT 2007, AMS SERVICES INC Page 250 of 506 Brazos Paving, Inc.Risk Services of Louisiana 25 Certificate of Liability Insurance: Notes Inland Marine Cvoerage - United Fire & Casualty Co - 11/01/2022 - 11/012023 - Policy #85315640 - Leased / rented equipment - $600,000 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Page 251 of 506 Page 252 of 506 Page 253 of 506 Page 254 of 506 Page 255 of 506 Page 256 of 506 Page 257 of 506 Page 258 of 506 Page 259 of 506 Page 260 of 506 Page 261 of 506 Page 262 of 506 Page 263 of 506 Page 264 of 506 Page 265 of 506 Page 266 of 506 Page 267 of 506 Page 268 of 506 Page 269 of 506 Page 270 of 506 Page 271 of 506 Page 272 of 506 Page 273 of 506 COMMERCIAL AUTO CA 71 09 01 17 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 1 of 7 BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS COVERAGE INDEX DESCRIPTION PAGE Temporary Substitute Auto Physical Damage 2 Broad Form Insured 2 Employee as Insureds 2 Additional Insured Status by Contract,Agreement or Permit 2 Bail Bond Coverage 3 Loss of Earnings Coverage 3 Amended Fellow Employee Coverage 3 Towing and Labor 3 Physical Damage Additional Transportation Expense Coverage 3 Extra Expense -Theft 3 Rental Reimbursement and Additional Transportation Expense 4 Personal Effects Coverage 4 Personal Property of Others 4 Locksmith Coverage 4 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio,Visual and Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 5 Glass Repair –Deductible Amendment 5 Amended Duties in the Event of Accident,Claim,Suit or Loss 6 Waiver of Subrogation Required by Contract 6 Unintentional Failure to Disclose 6 Hired,Leased,Rented or Borrowed Auto Physical Damage 6 Mental Anguish 7 Extended Cancellation Condition 7 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in are likewise for information only and by themselves shall be deemed to grant no coverage. Page 274 of 506 Page 2 of 7 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.CA 71 09 01 17 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 at the end of the existing language: If Physical Damage Coverage is provided under 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 its breakdown,repair, servicing,"loss",or destruction B.BROADENED LIABILITY COVERAGES SECTION II –LIABILITY COVERAGE in Paragraph A.Coverage at 1.Who Is An Insured is amended to include the following: d.Any legally incorporated subsidiary in which you own more than 50%of the voting stock on the effective date of the Coverage Form.However,the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured"under such a policy but for its termination or the exhaustion of its Limit of Insurance. e.Any organization that is acquired or formed by you,during the term of this policy and over which you maintain majority ownership.However,the Named Insured does not include any newly formed or acquired organization: (1)That is a joint venture or partnership, (2)That is an "insured"under any other policy, (3)That has exhausted its Limits of Insurance under any other policy,or (4)180 days or more after its acquisition or formation by you,unless you have given us notice of the acquisition or formation Coverage does not apply to "bodily injury"or "property damage"that results from an accident that occurred before you formed or acquired the organization. f.Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto"you do not own,hire or borrow. g.Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement;but the written contract or agreement must be: (1)Currently in effect or becoming effective during the term of this policy;and (2)Executed prior to the "bodily injury"or "property damage." The additional insured status will apply only with respect to your liability for "bodily injury"or "property damage"which may be imputed to that person(s)or organization(s)directly arising out of the ownership, maintenance or use of the covered "autos"at the location(s)designated,if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits.This endorsement shall not increase the limits stated in Section II.C.Limits of Insurance. For any covered "auto"you own this Coverage Form provides primary coverage. Page 275 of 506 CA 71 09 01 17 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 3 of 7 C.BROADENED SUPPLEMENTARY PAYMENTS SECTION II.LIABILITY A.Coverage 2.Coverage Extensions a.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 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 earning up to $500 a day because of time off from work. D.AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your "employees"who occupy positions which are supervisory in nature,SECTION II.LIABILITY B. Exclusion 5.Fellow Employee is replaced by: 5.Fellow Employee "Bodily Injury": a.To you,or your partners or members (if you are a partnership or joint venture),or to your members (if you are a limited liability company); b.To your "executive officers"and directors (if you are an organization other than a partnership,joint venture, or limited liability company)but only with respect to performance of their duties as your officers or directors; c.For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph a and b above;or d.Arising out of his or her providing or failing to provide professional health care services. For purposes of this endorsement,a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer,direct,discipline or discharge. E.BROADENED PHYSICAL DAMAGE COVERAGES SECTION III –PHYSICAL DAMAGE COVERAGE A.Coverage is amended as follows: 2.Towing is deleted and replaced with the following: 2.Towing and Labor We will pay towing and labor costs incurred,up to the limits shown below,each time a covered "auto"is disabled: a.For private passenger type vehicles we will pay up to $100 per disablement. b.For all other covered "auto's"we will pay up to $500 per disablement However,the labor must be performed at the place of disablement. 4.Coverage Extensions a.Transportation Expenses is amended to provide the following limits: We will pay up to $60 per day to a maximum of $1,800.All other terms and provisions of this section remain applicable. The following language is added to 4.Coverage Extensions: c.Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto"that is stolen,we will pay the expense of returning that stolen auto to you.The limit for this coverage extension is $5,000. Page 276 of 506 Page 4 of 7 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.CA 71 09 01 17 d.Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages.Coverage applies only to a covered "auto". (1)We will pay for auto rental expense and the expense incurred by you because of "loss"to remove and transfer your materials and equipment from a covered "auto"to a covered "auto."Payment applies in addition to the otherwise applicable coverage you have on a covered "auto."No deductible applies to this coverage. (2)We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending,regardless of the policy's expiration,with the lesser of the following number of days: (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. (3)Our payment is limited to the lesser of the following amounts: (a)Necessary and actual expenses incurred;or (b)$75 per day. (c)This coverage does not apply while there are spare or reserve "autos"available to you for your operations. (d)If "loss"results from the total theft of a covered "auto"of the private passenger or light truck type,we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III –PHYSICAL DAMAGE COVERAGE,A.Coverage,4. Coverage Extensions,a.Transportation Expenses. e.Personal Effects If you have purchased Comprehensive Coverage on this policy for an "auto"you own and that "auto"is stolen,we will pay,without application of a deductible,up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance.For this coverage extension,Personal Effects means tangible property that is worn or carried by an "insured". f.Personal Property of Others 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. g.Locksmith Coverage 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. Page 277 of 506 CA 71 09 01 17 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 5 of 7 h.Vehicle Wrap Coverage If you have Comprehensive or Collision coverage on an "auto"that is a total loss,in addition to the actual cash value of the "auto",we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto"at the time of total loss.Regardless of the number of autos deemed a total loss,the most we will pay under this Vehicle Wrap Coverage for any one "loss"is $5,000.For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. F.SECTION III –PHYSICAL DAMAGE COVERAGE,B.Exclusions is amended at 3.to include the following language: If you have purchased Comprehensive or Collision Coverage under this policy,this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag.This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty.No deductible applies to this coverage. G.BROADENED LIMITS OF INSURANCE SECTION III –PHYSICAL DAMAGE COVERAGE –C.Limit of Insurance at 1.b.is amended to provide the following limits: b.Limits of $1,000 per "loss"is increased to $5,000 per "loss".All other terms and provisions of this section remain applicable. SECTION III –PHYSICAL DAMAGE COVERAGE –C.Limit of Insurance is amended by adding the following language: 4.In the event of a total "loss"to a covered "auto"shown in the Schedule pages,subject at the time of the "loss"to a loan or lease,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: a.The amount paid under the Physical Damage Coverage Section of the policy;and b.Any: (1)Overdue lease /loan payments at the time of the "loss''; (2)Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage; (3)Security deposits not returned by the lessor; (4)Costs for extended warranties,Credit Life Insurance,Health,Accident or Disability Insurance purchased with the loan or lease;and (5)Carry-over balances from previous loans or leases. H.GLASS REPAIR –DEDUCTIBLE SECTION III –PHYSICAL DAMAGE COVERAGE –D.Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto"will not apply to glass breakage if the damaged glass is repaired,rather than replaced. Page 278 of 506 Page 6 of 7 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.CA 71 09 01 17 I.AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS Under SECTION IV –BUSINESS AUTO CONDITIONS,A.Loss Conditions ,the following is added to paragraph 2. Duties In The Event of Accident,Suit or Loss: d.Knowledge of any "accident","claim","suit"or "loss"will be deemed knowledge by you when notice of such "accident","claim","suit"or "loss"has been received by: (1)You,if you are an individual; (2)Any partner or insurance manager if you are a partnership; (3)An executive officer or insurance manager,if you are a corporation; (4)Your members,managers or insurance manager,if you are a limited liability company;or (5)Your officials,trustees,board members or insurance manager,if you are a not-for-profit organization. J.WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION IV ,BUSINESS AUTO CONDITIONS,A.Loss Conditions 5.Transfer of Rights of Recovery Against Others to Us the following language is added: However,we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract,agreement or permit,to provide insurance such as is afforded under the policy to which this endorsement is attached.This provision does not apply unless the written contract or written agreement has been executed,or permit has been issued,prior to the "bodily injury"or "property damage." K.UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV –BUSINESS AUTO CONDITIONS,B.General Conditions ,the following is added to 2. Concealment,Misrepresentation Or Fraud : Your unintentional error in disclosing,or failing to disclose,any material fact existing at the effective date of this Coverage Form,or during the policy period in connection with any additional hazards,will not prejudice your rights under this Coverage Form. L.HIRED,LEASED,RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV –BUSINESS AUTO CONDITIONS B.General Conditions 5.Other Insurance Paragraph 5.b.is replaced by the following: b.(1)For "Comprehensive"and "Collision"Auto Physical Damage coverage provided by this endorsement,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 that individual "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" (2)Limit of Insurance For This Section The most we will pay for any one "loss"is the lesser of the following: (a)$75,000 per accident,or (b)actual cash value at the time of loss,or (c)cost of repair. Page 279 of 506 CA 71 09 01 17 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 7 of 7 Minus a $500 deductible.An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss.No deductible applies to "loss"caused by fire or lightning. (3)This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4)Definitions For This Section (a)Comprehensive Coverage:from any cause except the covered "auto's"collision with another object or the covered "auto's"overturn.We will pay glass breakage,"loss"caused by hitting a bird or animal and,"loss"caused by falling objects or missiles. (b)Collision Coverage:caused by the covered "auto's"collision with another object or by the covered "auto's"overturn. M.MENTAL ANGUISH Under SECTION V –DEFINITIONS,C.is replaced by the following: C."Bodily injury"means bodily injury,sickness or disease sustained by a person including mental anguish or death resulting from bodily injury,sickness,or disease. N.EXTENDED CANCELLATION CONDITION Under CANCELLATION,of the COMMON POLICY CONDITIONS form,item 2.b.is replaced by the following: b.60 days before the effective date of cancellation if we cancel for any other reason. Page 280 of 506 Extension of Information PageWorkers' Compensation and Employer's Liability Policy Policy number Issue date Policy period 0001207539 11/1/22 11/1/22 to 11/1/23 Item 3: Endorsement Schedule Insured copy This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 11/1/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001207539 of Texas Mutual Insurance Company effective on 11/1/22 Issued to:BRAZOS PAVING INC This is not a bill NCCI Carrier Code:29939 Authorized representative 11/1/22 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 00 00 01 B-ENDS State Endorsement Description 42 TM LRC 2008 Limited Reimbursement for Texas Employees Injured in Other Jurisdictions 42 TM MV 2011 Mutuals - Membership and Voting Notice 42 TM PC 2003 Policy Conditions Endorsement 42 WC 00 00 00 C Policy Conditions Form 42 WC 00 00 01 B Policy Coverage Document (Declarations Page) 42 WC 00 03 01 Alternate Employer Endorsement 42 WC 00 03 02 Designated Workplaces Exclusion Endorsement 42 WC 00 04 06 Premium Discount Endorsement 42 WC 00 04 14 A Notification of Change in Ownership Endorsement 42 WC 00 04 22 C Terrorism Risk Insurance Act Coverage Endorsement 42 WC 00 04 25 Experience Rating Modification Factor Revision Endorsement 42 WC 42 03 01 J Texas Amendatory Endorsement 42 WC 42 03 04 B Blanket Texas Waiver of Our Right To Recover from Others Endorsement 42 WC 42 04 04 A Group Purchase of Workers' Compensation Insurance Endorsement 42 WC 42 04 07 Texas- Audit Premium and Retrospective Premium Endorsement 42 WC 42 04 08 A Network Discount Endorsement 42 WC 42 06 01 Specific Texas Notice of Material Change Endorsement j Page 281 of 506 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B Insured copy This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 11/1/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001207539 of Texas Mutual Insurance Company effective on 11/1/22 Issued to:BRAZOS PAVING INC This is not a bill NCCI Carrier Code:29939 Authorized representative 11/1/22 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.( )Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations:All Texas operations 3.Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Advance Premium: Included, see Information Page Page 282 of 506 Page 283 of 506 Page 284 of 506 Page 285 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 EXHIBIT D PLANS AND SPECIFICATIONS Page 286 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 EXHIBIT E CONSTRUCTION SCHEDULE Page 287 of 506 Page 288 of 506 Page 289 of 506 Page 290 of 506 Contract No.___________ Construction Agreement Over $50,000 Form 12-15-2022 EXHIBIT F SCHEDULE OF VALUES Page 291 of 506 Page 292 of 506 $9,871.95 Page 293 of 506 Page 294 of 506 Page 295 of 506 7,840,856.15 Page 296 of 506 August 24, 2023 Item No. 6.5. Atmos RRM Ordinance Sponsor: Ross Brady, Assistant to the City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the Atmos Mid-Tex 2023 Rate Review Mechanism (RRM) Ordinance. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff respectfully recommends Council approve the ordinance Summary: The City, along with 181 other Texas cities served by Atmos, is a member of the Atmos Cities Steering Committee (ACSC). In 2007 ACSC and Atmos settled a rate application. That settlement created a substitute rate review process, referred to as the Rate Review Mechanism (RRM). In March 2023, Atmos filed a rate request pursuant to the RRM Tariff. Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s rate request from $165.9 million to $156.1 million, $113.8 million of which would be applicable to ACSC members. After reviewing the filing and conducting discovery, ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $130.9 million instead of the claimed $156.1 million. After several settlement meetings, the parties have agreed to settle the case for $142 million. This is a reduction of $23.9 million to the Company’s initial $165.9 million request. This includes payment of ACSC’s expenses. The settlement also includes an additional $19.5 million for the securitization regulatory asset expenses related to Winter Storm Uri. This was previously approved by the Texas Legislature and Railroad Commission. The effective date for new rates is October 1, 2023. Bill Impact The impact of the settlement on average residential rates is an increase of $6.47 on a monthly basis, or 7.31%. The increase for average commercial usage will be $24.72 or 5.19%. Atmos provided bill impact comparisons containing these figures. Budget & Financial Summary: None Attachments: 1. Atmos Mid-Tex 2023 RRM Ordinance wAttachments Page 297 of 506 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2023 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the City of College Station, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and Page 298 of 506 2557/36/8645037 2 WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on or about March 31, 2023 Atmos Mid-Tex filed its 2023 RRM rate request with ACSC Cities based on a test year ending December 31, 2022; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2023 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $142 million on a system-wide basis with an Effective Date of October 1, 2023; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; and WHEREAS, the RRM Tariff includes Securitization Interest Regulatory Asset amount of $19.5 million; Page 299 of 506 2557/36/8645037 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $142 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2023 RRM filing, is in the public interest, and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $142 million on a system-wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of ACSC in processing the Company’s 2023 RRM filing. Page 300 of 506 2557/36/8645037 4 Section 7. That to the extent any resolution or ordinance, regarding this matter, that was previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2023. Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. Page 301 of 506 2557/36/8645037 5 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, ON THIS THE DAY OF , 2023. Mayor ATTEST: City Secretary APPROVED AS TO FORM: ______________________________ City Attorney Page 302 of 506 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R – RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 22.25 per month Rider CEE Surcharge $ 0.05 per month 1 Total Customer Charge $ 22.30 per month Commodity Charge – All Ccf $0.48567 per Ccf 2 Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2023. 2The commodity charge includes the base rate amount of $0.46724 per Ccf and Securitization Regulatory Asset amounts related to financing costs in the amount of $0.01843 per Ccf until recovered. Attachment 1 Page 303 of 506 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C – COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 72.00 per month Rider CEE Surcharge ($ 0.02) per month 1 Total Customer Charge $ 71.98 per month Commodity Charge – All Ccf $ 0.18280 per Ccf 2 Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx.plantprotection@atmosenergy.com. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2023. 2The commodity charge includes the base rate amount of $0.16437 per Ccf and Securitization Regulatory Asset amounts related to financing costs in the amount of $0.01843 per Ccf until recovered. Attachment 1 Page 304 of 506 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,382.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.7484 per MMBtu 1 Next 3,500 MMBtu $ 0.5963 per MMBtu1 All MMBtu over 5,000 MMBtu $ 0.2693 per MMBtu1 Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees 1 The tiered commodity charges include the base rate amounts of $0.5684, $0.4163, and $0.0893 per MMBtu, respectively, plus Securitization Regulatory Asset amounts related to financing costs in the amount of $0.1800 per MMBtu until recovered. Attachment 1 Page 305 of 506 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx.plantprotection@atmosenergy.com. Attachment 1 Page 306 of 506 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,382.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.5684 per MMBtu Next 3,500 MMBtu $ 0.4163 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0893 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer’s receipt quantities for the month. Attachment 1 Page 307 of 506 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment 1 Page 308 of 506 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA i = WNAF i x q ij Where q ij is the relevant sales quantity for the jth customer in ith rate schedule. Attachment 1 Page 309 of 506 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.51 0.1415 88.91 0.7010 Austin 8.87 0.1213 213.30 0.7986 Dallas 12.54 0.2007 185.00 0.9984 Waco 8.81 0.1325 125.26 0.7313 Wichita Falls 10.36 0.1379 122.10 0.6083 Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Attachment 1 Page 310 of 506 Line No.Description Pension Account Plan Post- Employment Benefit Plan Pension Account Plan Post- Employment Benefit Plan Supplemental Executive Benefit Plan Adjustment Total (a)(b)(c)(d)(e)(f)(g) 1 Proposed Benefits Benchmark - Fiscal Year 2023 Willis Towers Watson Report as adjusted (1) (2) (3)1,434,339$ (518,336)$ 2,336,419$ (2,678,818)$ 267,917$ 2 Allocation Factor 44.92%44.92%78.74%78.74%100.00% 3 Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln 2)644,336$ (232,848)$ 1,839,667$ (2,109,267)$ 267,917$ 4 O&M and Capital Allocation Factor 100.00%100.00%100.00%100.00%100.00% 5 Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4)644,336$ (232,848)$ 1,839,667$ (2,109,267)$ 267,917$ 409,804$ 6 7 O&M Expense Factor (WP_F-2.3, Ln 2)78.60%78.60%39.63%39.63%11.00% 8 9 Summary of Costs to Approve (1): 10 Total Pension Account Plan 506,464$ 729,006$ 1,235,469$ 11 Total Post-Employment Benefit Plan (183,024)$ (835,840)$ (1,018,864) 12 Total Supplemental Executive Benefit Plan 29,471$ 29,471 13 Total (Ln 10 + Ln 11 + Ln 12)506,464$ (183,024)$ 729,006$ (835,840)$ 29,471$ 246,076$ ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2022 Shared Services Mid-Tex Direct Attachment 2 Page 311 of 506 Line No.Current Proposed Amount Percent (b)(c)(d)(e) 1 Rate R @ 43.6 Ccf 2 Customer charge 21.55$ 3 Consumption charge 43.6 CCF X 0.36223$ =15.79 4 Rider GCR Part A 43.6 CCF X 0.63625$ =27.74 5 Rider GCR Part B 43.6 CCF X 0.41732$ =18.20 6 Subtotal 83.28$ 7 Rider FF & Rider TAX 83.28$ X 0.06237 =5.19 8 Total 88.47$ 9 10 Customer charge 22.25$ 11 Consumption charge 43.6 CCF X 0.48567$ =21.18 12 Rider GCR Part A 43.6 CCF X 0.63625$ =27.74 13 Rider GCR Part B 43.6 CCF X 0.41732$ =18.20 14 Subtotal 89.37$ 15 Rider FF & Rider TAX 89.37$ X 0.06237 =5.57 16 Total 94.94$ 6.47$ 7.31% 17 (a) ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2022 Change Description Page 312 of 506 Line No.Current Proposed Amount Percent (b)(c)(d)(e)(a) ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2022 Change Description 18 Rate C @ 356.6 Ccf 19 Customer charge 63.50$ 20 Consumption charge 356.6 CCF X 0.14137$ =50.41 21 Rider GCR Part A 356.6 CCF X 0.63625$ =226.86 22 Rider GCR Part B 356.6 CCF X 0.30202$ =107.69 23 Subtotal 448.46$ 24 Rider FF & Rider TAX 448.46$ X 0.06237 =27.97 25 Total 476.43$ 26 27 Customer charge 72.00$ 28 Consumption charge 356.6 CCF X 0.18280$ =65.18 29 Rider GCR Part A 356.6 CCF X 0.63625$ =226.86 30 Rider GCR Part B 356.6 CCF X 0.30202$ =107.69 31 Subtotal 471.73$ 32 Rider FF & Rider TAX 471.73$ X 0.06237 =29.42 33 Total 501.15$ 24.72$ 5.19% 34 Page 313 of 506 Line No.Current Proposed Amount Percent (b)(c)(d)(e)(a) ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2022 Change Description 35 Rate I @ 1720 MMBTU 36 Customer charge 1,204.50$ 37 Consumption charge 1,500 MMBTU X 0.4939$ =740.85 38 Consumption charge 220 MMBTU X 0.3617$ =79.64 39 Consumption charge 0 MMBTU X 0.0776$ =- 40 Rider GCR Part A 1,720 MMBTU X 6.2134$ =10,688.12 41 Rider GCR Part B 1,720 MMBTU X 0.6267$ =1,078.08 42 Subtotal 13,791.19$ 43 Rider FF & Rider TAX 13,791.19$ X 0.06237 =860.17 44 Total 14,651.36$ 45 46 Customer charge 1,382.00$ 47 Consumption charge 1,500 MMBTU X 0.7484$ =1,122.62 48 Consumption charge 220 MMBTU X 0.5963$ =131.30 49 Consumption charge 0 MMBTU X 0.2693$ =- 50 Rider GCR Part A 1,720 MMBTU X 6.2134$ =10,688.12 51 Rider GCR Part B 1,720 MMBTU X 0.6267$ =1,078.08 52 Subtotal 14,402.12$ 53 Rider FF & Rider TAX 14,402.12$ X 0.06237 =898.28 54 Total 15,300.40$ 649.04$ 4.43% 55 Page 314 of 506 Line No.Current Proposed Amount Percent (b)(c)(d)(e)(a) ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2022 Change Description 56 Rate T @ 4720 MMBTU 57 Customer charge 1,204.50$ 58 Consumption charge 1,500 MMBTU X 0.4939$ =740.85 59 Consumption charge 3,220 MMBTU X 0.3617$ =1,164.50 60 Consumption charge 0 MMBTU X 0.0776$ =- 61 Rider GCR Part B 4,720 MMBTU X 0.6267$ =2,957.85 62 Subtotal 6,067.70$ 63 Rider FF & Rider TAX 6,067.70$ X 0.06237 =378.45 64 Total 6,446.15$ 65 66 Customer charge 1,382.00$ 67 Consumption charge 1,500 MMBTU X 0.5684$ =852.60 68 Consumption charge 3,220 MMBTU X 0.4163$ =1,340.29 69 Consumption charge 0 MMBTU X 0.0893$ =- 70 Rider GCR Part B 4,720 MMBTU X 0.6267$ =2,957.85 71 Subtotal 6,532.74$ 72 Rider FF & Rider TAX 6,532.74$ X 0.06237 =407.45 73 Total 6,940.19$ 494.04$ 7.66% Page 315 of 506 August 24, 2023 Item No. 6.6. FY24 Annual Exemptions Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion and possible action to authorize expenditure of funds for Fiscal Year 2024 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Sustainable City Recommendation(s): Staff respectfully recommends approval of the purchase requests as listed on the attached spreadsheet, and the authorization for the City Manager to approve contracts and expenditures that are on the exemption list. Summary: Every fiscal year there are a number of expenditures incorporated in the approved budget that are not subject to competitive bidding or proposals. These expenditures are for sole source purchases; expenditures for personal, professional or planning services; capital replacement parts for equipment, and other exemptions more fully described in LGC 252.022 and other expenditures for interlocal contracts or fees mandated by state law. The intent of this item is for Council to authorize the expenditure(s) which will provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. Budget & Financial Summary: Funds are either available or budgeted for each of the listed purchase requests in the Fiscal Year 2024 budget in various funds of the City, or if necessary, will be made available by proposing an appropriate budget amendment or contingency transfer. Attachments: 1. 2024 Exemptions List Over $100K Page 316 of 506  2024 Annual Exemptions FY 2023 FY 2024 Approved Request AngelTrax (Fleet Video/GPS/Diagnostic Product Maintenance)$132,868.00 $102,098.00 Azteca (Cityworks Product Maintenance) $111,300.00 $111,300.00 Tyler Technologies (MUNIS Product Maintenance and Services) MUNIS is  the City's Enterprise Resouce Planning (ERP) system.  $161,804.00 $169,895.00 CentralSquare (Inform Product Maintenance) Annual maintenance fees for the Computer Aided Dispatch and automated Records Management System (CAD/RMS) used by Police and Fire Dispatch. $290,501.00 $311,206.00 Solid Border, Inc. (Palo Alto ‐ Firewall Maintenance)$99,750.00 $152,251.00 SHI (Enterprise Agreements for Microsoft 365 and P1 Licenses)‐‐‐ $303,000.00 Heil of Texas (OEM Parts/Services for Autocars)$100,000.00 $185,000.00 Badger Meter, Inc. (Water Meters)‐‐‐ $110,000.00 Landis+Gyr (AMI Meters and Components)‐‐‐ $350,000.00 City of Bryan (Utilities for wells and pump station)$1,000,000.00 $1,100,000.00 Frontier (Local/Long Distance Phone Service)$150,000.00 $150,000.00 Entergy (Well 8 & Well 9 electrical power) $250,000.00 $300,000.00 ILA with BVSWMA  This expense is for landfill disposal fees.$1,650,000.00 $1,650,000.00 ILA with Brazos Central Appraisal District This is the City’s portion of the funding of the Brazos Central Appraisal District.  $510,000.00 $641,000.00 ILA with City of Bryan (Library services) Interlocal agreement with the City of Bryan for the management of the Larry J. Ringer Library. The library is  owned by the COCS  but is managed (O&M) by the City of Bryan. $1,420,430.00 $1,358,000.00 ILA with OMNIA Partners for Office Depot/ODB Business Solutions, LLC (Office supplies $120,000 and janitorial supplies $200,000) All products and services available through OMNIA cooperative contracts have been competitively solicited and publicly awarded utilizing industry best practices, processes and procedures. Office Depot has a local store and two‐day delivery for orders placed online.  $120,000.00 $320,000.00 Brazos County Health Department This expense is for the City’s portion of the funding of the Brazos County Health Department. $479,000.00 $479,000.00 Preferred Access Funding Agreement As part of the effort to pay for the renovation of Kyle Field, the COCS, worked to secure funding through the Hotel Occupancy Tax for the project. A portion of the current COCS HOT tax from visitors who stay at College Station hotels is being utilized through a Facilities Access Agreement that provides access to certain facilities at TAMU at preferred rates for events that will bring more visitors and tourists to the community. This exemption item is for the annual payment that is made as a result of that agreement. $755,000.00 $210,000.00 ILA with TASB (BuyBoard)for GT Distributors to supply duty gear, body armor, firearms/ammo, SWAT equipment, etc.$144,000.00 $300,000.00 ILA with TASB (BuyBoard) for Gall's Parent Holdings to supply Police/Fire uniforms and alterations $140,000.00 $160,000.00 TCEQ (inspections/assessments, permitting fees ‐ W/WW) Oversees all permitting, planning and monitoring of the state's water resources.  These are mandated fees  and the amounts requested each fiscal year are best estimates.$200,000.00 $200,000.00 BV Groundwater Conservation District (Assessment fees) These are mandated fees that are based on the amount of groundwater the City pumps.  There is no rate  increase; however, more pumping is anticipated due to increased poplulation.  $210,000.00 $210,000.00 Expenditures for mandated state fees LGC 252.022 (a)(7)(D) ‐ Captive replacement parts or components for equipment; computer software/hardware maintenance; equipment  lease/maintenance LGC 252.022(a)(7)(c) ‐ Gas, water and other utility services Expenditures pursuant to established interlocal agreements (ILA's) with various agencies Page 317 of 506 August 24, 2023 Item No. 6.7. External Audit Agreement Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the fourth renewal of an annual contract for Professional Auditing Services with FORVIS, LLP (formerly BKD, LLP) for an amount not to exceed $150,000. Relationship to Strategic Goals: 1. Good Governance 2. Financial Sustainability 3. Sustainable City Recommendation(s): Staff respectfully recommends approving the fourth renewal of the annual contract with FORVIS, LLP for Professional Auditing Services. Summary: June 2018, staff solicited proposals for professional auditing services for the fiscal year ending September 30, 2018 with the option of renewing the contract annually for up to five (5) additional years for a total of six (6) years and selected BKD, LLP, now FORVIS, LLP. The audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office’s (GAO) Government Auditing Standards and the Uniform Guidance. Budget & Financial Summary: Funds are available and budgeted in the General Fund and in the Community Development budget. Attachments: 1. 18300669 Prof Audit Svcs Ren5 Amd2 Page 318 of 506 CONTRACT NO. 18300669 RENEWAL NO. 5 AND LETTER AMENDMENT NO. 2 ACCEPTANCE The City of College Station (“City”) and you, acting on behalf of FORVIS, LLP (“FORVIS”) would like to extend the term of Contract No. 18300669, Professional Auditing Services, for an additional one-year term beginning August 8, 2023 through August 7, 2024 for an amount not to exceed One Hundred Fifty Thousand and No/100 Dollars ($150,000). This amount includes an engagement fee amount of $128,455.00 plus a contingency amount of $21,545 to accommodate additional services if requested by the City. Both the City and FORVIS mutually agree that Section 4.01 of the Contract be amended to read in its entirety as follows: 4.01 Except as provided in Article X herein below, the term of this Contract shall be for one (1) year from the effective date of this Contract. Thereafter, upon the mutual consent of both parties, including budget approval by the City, this Contract may be renewed on an annual basis, under the same terms and conditions, for up to five (5) additional years (six (6) years total). If for any reason, funds are not appropriated to continue the contract, the contract shall be come null and void and shall terminate. Both parties agree that all other terms and conditions as set forth in the Contract remain unchanged. By signature below, the parties indicate their mutual acceptance of this renewal and amendment in accordance with the terms of the Contract. FORVIS, LLP CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date:________________ Date: APPROVED: By: City Attorney Date:________________ By: Assistant City Manager/CFO Date:________________ Page 319 of 506 August 24, 2023 Item No. 6.8. Interlocal Agreement with Brazos County Emergency Service District 4 for the Purchase of Surplus Vehicle Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on an Interlocal Agreement between the City of College Station and Brazos County Emergency Service District 4 for the transfer of a surplus vehicle. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommends approval of the interlocal agreement. Summary: This agreement is for the transfer of a 2016 Tahoe from the City of College Station to Brazos County Emergency Service District 4. The vehicle has been replaced as part of the normal fleet replacement cycle and is considered surplus. The ESD is in need of a vehicle to better provide fire and medical aid in Brazos County. Budget & Financial Summary: N/A Attachments: 1. ILA - Chevy Tahoe Transfer - Brazos Co. ESD 4_v8-9-2023 Page 320 of 506 Contract No. ______________ ILA – Brazos County Emergency Service District 4 – Surplus Vehicle Page 1 of 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND BRAZOS COUNTY EMERGENCY SERVICE DISTRICT 4 WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment and supplies; and WHEREAS, the City of College Station (hereinafter referred to as "College Station"), and Brazos County Emergency Service District 4 (hereinafter referred to as "ESD 4") desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, functions, and services; and WHEREAS, College Station has a surplus 2016 Chevrolet Tahoe vehicle; and WHEREAS, ESD 4 is in need of such a vehicle to better facilitate and provide fire, medical, and public safety mutual aid services in Brazos County and surrounding areas; and WHEREAS, enhancing fire, medical, and public safety mutual aid services in Brazos County accomplishes a valid public purpose; and WHEREAS, it is deemed in the best interest of the participating governments that said governments do enter into a mutually satisfactory agreement for the transfer of the surplus vehicle; NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: 1. Vehicle Pick-Up. Within thirty (30) days of the effective date of this Agreement and for the consideration contained in paragraph 4 of this agreement, ESD 4 shall pick up and receive the surplus 2016 Chevrolet Tahoe vehicle in "as-is condition" from College Station. ESD 4 and College Station shall schedule a date and time convenient to both parties for a ESD 4 representative to collect the vehicle. Delivery will be F.O.B. College Station, Texas. 2. Vehicle Description. College Station will transfer to ESD 4 the following vehicle: Make/Model: 2016 Chevrolet Tahoe VIN Number: 1GNLCDKCXGR407016 3. Effective Date. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. Notwithstanding this provision, any party may modify or terminate this Agreement as provided herein. 4. Consideration. Upon College Station's receipt of a written request from ESD 4 for the surplus vehicle, College Station will sell to ESD 4, and ESD 4 will pay ONE AND 00/100 DOLLAR ($1.00), for the available surplus vehicle identified in paragraph 2. ESD 4 agrees to use the surplus vehicle for the purposes established in this Agreement. 5. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of both parties. Mutual consent will be demonstrated approval of the governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. Page 321 of 506 Contract No. ______________ ILA – Brazos County Emergency Service District 4 – Surplus Vehicle Page 2 of 3 6. Termination. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party in accordance herein. This Agreement shall immediately terminate, without recourse, if College Station no longer possesses the surplus vehicle identified in this Agreement at the proposed delivery date/time. 7. Hold Harmless. College Station and ESD 4 agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for inju ry or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with this Agreement. 8. Disclaimer of Warranty. The transfer of the surplus vehicle is as is, where is and without warranty, express or implied, as to quality, condition, fitness for known purpose, or of any other kind. ESD 4 understands and agrees that the vehicle is provided "as is." 9. 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. 10. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Brazos County Emergency Service District 4: Brazos County Emergency Service District 4 Attn: Chief Joe Warren or Asst. Chief Chris Ford 3098 Fazzino Ln. Bryan, TX 77807 (979) 571-8311 City of College Station: City of College Station – Public Works – Fleet Services Attn: Troy Pemberton, Division Manager 1101 Texas Ave. S. P.O. Box 9960 College Station, Texas 77842 (979)764-3849 11. 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 any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 12. 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. 13. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. Page 322 of 506 Contract No. ______________ ILA – Brazos County Emergency Service District 4 – Surplus Vehicle Page 3 of 3 14. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 15. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 16. Waiver. Failure of either party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 17. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 18. 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. BRAZOS COUNTY EMERGENCY CITY OF COLLEGE STATION SERVICE DISTRICT 4 By: By: Joe Warren, Fire Chief John P. Nichols, Mayor Date: Date: ATTEST: ATTEST: Printed Name: City Secretary Title: Date: Date: APPROVED: City Manager Date: City Attorney Date: Assistant City Manager, CFO Date: Page 323 of 506 August 24, 2023 Consent Agenda Item Hotel Tax Fund Funding Agreement with Arts Council of the Brazos Valley – First Amendment To: Bryan Woods, City Manager From: Mary Ellen Leonard, Director of Fiscal Services Agenda Caption: Presentation, discussion, and possible action regarding an amendment to the Funding Agreement for Payment and Use of Hotel Tax with the Arts Council of the Brazos Valley for FY23. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends approval. Summary: As part of the 2022-2023 budget process the City Council approved funding for the Arts Council of the Brazos Valley in the amount of $509,000. The current funding appropriated under the Agreement is: $375,300 affiliate grant funding; $65,024 operations and maintenance; and $68,676 marketing and public art. The amendment changes the funding to: $329,951 affiliate grant funding; $65,024 operations and maintenance; and $114,025 marketing and public art. The amendment does not change the total approved funding amount of $509,000. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2022-2023 Hotel Occupancy Tax Fund. $45,349 in unused affiliate funding will be used to begin maintenance of public art in the City of College Station. Arts Council has hired a consultant who will perform the sculpture care. Arts Council board approved the budget transfer from affiliate funding to public art at their August 1, 2023, meeting. Public art maintenance is an allowable and eligible expense in the FY23 funding agreement Section 3.1 Use of funds. Attachments: 1. Arts Council FY23 funding agreement, contract #23300016 First Amendment 2. Arts Council Public Arts Conservation Survey 3. Arts Council Sculpture Care Instructions Page 324 of 506 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE 23300016 N/A N/A City of College Station Funding Agreement for Payment and use of Hotel Tax with Arts Council Of The Brazos Valley Arts Council of the Brazos Valley 509,000.00 n n n n n n Funding for this contract was approved in the FY23 Budget and is available in the General Fund. Budget Code: 31219100-6720 HOT-ND-Exp-Nonoper-Contrib N/A 10/13/2022 N/A N/A N/A N/A N/A N/A N/A 10/3/2022 10/3/2022 10/3/2022 10/14/2022 10/27/2022 Page 325 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 1 CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF HOTEL TAX WITH ARTS COUNCIL OF BRAZOS VALLEY This Funding Agreement is made between the City of College Station, a Texas Home Rule Municipal Corporation (“City”), and the ARTS COUNCIL OF BRAZOS VALLEY, a Texas Non- Profit Corporation (“Agency”). WHEREAS, Texas Tax Code §§351.002 and 351.003(a) authorize City to levy by ordinance a municipal hotel occupancy tax (“hotel tax”) not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, City has provided for the assessment and collection of a municipal hotel occupancy tax in the City of College Station of seven percent (7%); and WHEREAS, Tax Code §351.101(a) authorizes and limits the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry; and WHEREAS, Agency is well equipped to perform those activities as referenced in Tax Code §351.101 (a); and WHEREAS, Tax Code §351.101(c) authorizes City to delegate by contract with Agency; as an independent entity, the management or supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; and NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Agency agree and contract as follows: ARTICLE I DEFINITIONS 1.1 Agency means the Arts Council of Brazos Valley, a Texas Non-Profit Corporation to which the City has delegated the management or supervision of programs and activities funded with Hotel Tax Revenue. 1.2 City means the City of College Station, in the County of Brazos, and the State of Texas. 1.3 Contract Quarter refers to any quarter of the contract year in which this Agreement is in force. Contract Quarters will end on December 31st, March 31st, June 30th, and September 30th, of each contract year. 1.4 Financial Activity Report means a report which includes a summary of revenues and expenditures for the current Contract Quarter as well as the current fiscal year to date, and a summary of assets and liabilities to be submitted to the City on the form attached herein as Exhibit A or in a form agreed on by Agency and City. Page 326 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 2 1.5 Financial Records means invoices, receipts, bank statements, reconciliations, cleared checks, financial statements and audit reports. 1.6 Narrative Summary of Activity Report means the quarterly summary report of the activities of Agency including a summary of how funds from City have been utilized to accomplish the Agency’s work. Such report shall be submitted on the form attached herein as Exhibit B. 1.7 Performance Measure Report means the quarterly report to determine the levels of service that are being provided by Agency to be submitted to the City on the form attached herein as Exhibit C. 1.8 Event includes but is not limited to: any and all banquets, ceremonial dinners, fundraising events, promotional programs, or other public or private event hosted by the Agency. 1.9 Expenditure Report means a quarterly report listing the expenditures made by the Agency with Hotel Tax Revenue pursuant to Tax Code §§351.101 and 351.108. 1.10 Hotel Tax Revenue means the gross monies collected and received by City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Tax Code 351.003 (a) and City Ordinance. Hotel Tax Revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. ARTICLE II HOTEL TAX REVENUE PAYMENT 2.1 Consideration and Payment. For and in consideration of the activities to be satisfactorily performed by Agency under this Agreement, City agrees to pay to Agency a portion of the Hotel Tax Revenue collected by City in the total amount of FIVE HUNDRED NINE THOUSAND AND NO/100 DOLLARS ($509,000.00) to be paid as follows: (a) The amount of SIXTY FIVE THOUSAND TWENTY FOUR AND NO/100 DOLLARS ($65,024.00) shall be paid from the City’s Hotel Tax Revenue for the maintenance of the Art and Visitors Center. The appropriated funds shall be used during the period of October 1, 2022 to September 30, 2023. Payment will be made in eleven monthly installments of $5,418.67 and the twelfth payment will be $5,418.63. (b) The amount of SIXTY-EIGHT THOUSAND SIX HUNDRED SEVENTY-SIX DOLLARS AND NO/100 CENTS ($68,676.00) shall be paid from the City’s Hotel Tax Revenue for marketing and public art. The appropriated funds shall be used during the period of October 1, 2022 to September 30, 2023. Payment will be made in twelve monthly installments of $5,723.00. (c) The amount of THREE HUNDRED SEVENTY-FIVE THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($375,300.00) shall be paid from the City’s Hotel Tax Revenue for affiliate funding. The appropriated funds shall be Page 327 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 3 used during the period of October 1, 2022 to September 30, 2023. Payment will be made in four quarterly installments of $93,825.00. 2.2 Reports and Payments. Monthly Payments (with the exception of the first four (4) monthly installments hereunder) will be dependent upon the City receiving all reports required herein from the Agency no later than thirty (30) days after the end of each Contract Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each contract year). 2.3 Other limitations regarding consideration. (a) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of City. (b) City may withhold further payments and allocations if City determines Agency’s expenditures deviate from their approved budget subject to §4.1 or if the reports required herein are not submitted in a complete and timely manner. ARTICLE III USE OF HOTEL TAX REVENUE 3.1 Use of Funds. For and in consideration of the payment by City to Agency of the agreed payments of Hotel Tax Revenue specified above, Agency agrees to use such Hotel Tax Revenue for the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms as authorized by Tax Code §351.101(a). (a) Attending Events. The City Council and City Manager or their designees shall have the right to attend Agency events or promotional programs as representatives of the City at no additional cost to the City to promote tourism and the convention and hotel industry. 3.2 Administrative Costs. The Hotel Tax Revenue received from City by Agency may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in fulfilling a purpose described in §3.1. 3.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of Agency for which Hotel Tax Revenue may be used shall not exceed that portion of Agency’s administrative costs actually incurred in conducting the activities specified in §3.1. (b) Hotel Tax Revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the Page 328 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 4 promotion of tourism and the convention and hotel industry or the performance of the person’s job in an efficient and professional manner. (c) Hotel Tax Revenue may not be spent for the purchase or serving of alcoholic beverages. ARTICLE IV RECORDKEEPING AND REPORTING REQUIREMENTS 4.1 Budget. (a) Before Agreement execution, Agency shall submit to the City Manager of City or the City Manager’s designee, an annual budget to be approved by the City Council for each fiscal year, for such Agency operations funded by Hotel Tax Revenues. This budget shall specifically identify proposed expenditures of Hotel Tax Revenue by Agency. City should be able to audit specifically the purpose of each individual expenditure of Hotel Tax Revenue from the separate account relating to Hotel Tax Revenue. City shall not pay to Agency any Hotel Tax Revenues as set forth in Article II of this Agreement during any program year of this Agreement unless a budget for such respective program year has been approved in writing by the College Station City Council. Approval of the budget by the City Council shall not preclude the Agency from reasonably reallocating funds within the budget among line items to meet changing conditions. Such reallocation shall not necessitate a new approval by the City Council. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 6.2. (b) Agency acknowledges that the approval of such budget by the College Station City Council creates a fiduciary duty in Agency with respect to the Hotel Tax Revenue paid by City to Agency under this Agreement. Agency shall expend Hotel Tax Revenue only in the manner and for the purposes specified in this Agreement, Tax Code §351.101(a), and in the budget as approved by City. 4.2 Separate Accounts. Agency shall maintain Hotel Tax Revenue paid to Agency by City in a separate account, or with segregated fund accounting, such that any reasonable person can ascertain the revenue source of any given expenditure. 4.3 Financial Records. Agency shall maintain a complete and accurate financial record of each expenditure of the Hotel Tax Revenue made by Agency. These funds shall be classified as restricted funds for audited financial purposes. 4.4 Records Inspection. Upon written request of the City Council, City Manager, or their designee; Agency shall make such financial records available for inspection and review by the party making the request. Agency understands and accepts that all such financial records and any other records relating to this Agreement shall be subject to the Public Information Act, Texas Government Code, Chapter 552, as hereafter amended. Page 329 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 5 4.5 Quarterly Reports. Agency shall submit the following to the City on a quarterly basis as provided in this Agreement: (a) Financial Activity Report (b) Narrative Summary of Activity Report (c) Performance Measure Report (d) Expenditure Report Agency shall respond promptly to any request from the City Manager of City, or the City Manager’s designee, for additional information relating to the activities performed under this Agreement. 4.6 Reports. The Financial Activity Report, Performance Measure Report, Narrative Summary and Expenditure Report shall be submitted to the City within thirty (30) days of the end of each Contract Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each contract year.) 4.7 Financial Audit. A copy of the Agency’s annual financial audit shall be made available to City no later than thirty (30) days following Agency’s receipt of same. 4.8 Monitor Review. The City shall conduct a monitoring review of the Agency as deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement. Said monitoring may consist of on-site monitoring reviews. City shall provide written notice twenty-four (24) hours in advance of such review and a brief description of how and by whom that review is to be conducted. 4.9 Presentation. If requested, Agency shall make an annual report and presentation to the City Council. 4.10 Records Retention. Agency shall maintain such records, accounts, reports, files or other documents for a minimum of three (3) years after the expiration of this Agreement. City’s right to access Agency’s files shall continue during this three (3) –year period and for as long as the records are retained by Agency. ARTICLE V AGENCY BOARD OF DIRECTORS 5.1 Appointees. The City shall have the option to recommend three (3) appointees for any vacancy that occurs on the Board of Directors of the Agency during the program year. This provision shall not apply if the City is otherwise authorized to appoint members to the Board under the Agency’s Bylaws. 5.2 Agendas. Agency shall provide the City with an agenda of all regular and special Board meetings five (5) days before the meeting with information as to the date, time and place of meeting. If a special meeting is scheduled, Agency shall immediately notify the City of special Page 330 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 6 meeting. Said notification should be in writing via facsimile or e-mail; or orally by telephone, depending on Agency’s own notification of the Board meeting. Agendas shall be made available to the public seventy-two (72) hours before the meeting at a location accessible to the public, including but not limited to the Agency’s website. 5.3 Minutes. Agency shall submit Board of Directors meeting and Executive Committee meeting minutes to the City within ten (10) days after approval of the minutes. ARTICLE VI TERM AND TERMINATION 6.1 Term. The Agreement term begins on October 1, 2022 and terminates at midnight on October 31, 2023; however, the program period shall commence on October 1, 2022 and terminate at midnight on September 30, 2023. Only those expenditures authorized by Chapter 351 of the Tax Code which are actually incurred during the program period, for events and activities taking place within the program period, are eligible for funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to City upon termination of the Agreement. 6.2 Termination. (a) For Convenience. This Agreement may be terminated for convenience by giving sixty (60) days advance written notice. (b) Funding Out. This Agreement may be terminated with sixty (60) days advance written notice by the City if funds are not appropriated. (c) In the event this Agreement is terminated by either party pursuant to §6.2, City agrees to reimburse Agency for any contractual obligations Agency has undertaken in satisfactory performance of those activities specified in hereinabove and that were approved by the Council through the budget, as noted in §4.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in §§3.1 through 3.3, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. (d) Further, upon termination pursuant to §6.2, Agency will provide City: (1) Within ten (10) business days from the termination notification, a short- term budget of probable expenditures for the remaining sixty (60)-day period between termination notification and contract termination. This budget will be presented to Council for approval within ten (10) business days after receipt by City. If formal approval is not given within ten (10) business days and the budget does not contain any expenditures that would be prohibited by the Tax Code, and is within the current contractual period approved budget; the budget will be considered approved. Page 331 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 7 (2) Within thirty (30) days, a full accounting of all expenditures not previously audited by City. (3) Within five (5) business days of a request from City, a listing of expenditures that have occurred since the last required reporting period. (4) A final accounting of all expenditures and tax funds on the day of termination. Agency will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by Agency after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in §3.1 and §3.3 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 6.3 Automatic Termination and Breach. (a) Automatic Termination. This Agreement with written notice shall automatically terminate upon the occurrence of any of the following events: (1) The termination of the legal existence of Agency (2) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by Agency for the benefit of creditors (b) Breach. This Agreement with written notice shall terminate upon the occurrence of any of the following events: (1) Thirty (30) days after a written notice of the breach of any of the terms or conditions of this Agreement by the Agency if the Agency fails to cure the breach (2) The failure of Agency to submit quarterly reports which comply with the reporting procedures required herein and generally accepted accounting principles within thirty (30) days from the date City notifies Agency of its breach of this obligation (3) The failure of Agency to submit a Quarterly Expenditure Report as required by Tax Code §351.101(c) within thirty (30) days from the date City notifies Agency of its breach of this obligation 6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. Page 332 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 8 6.5 Refund of Funds. In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this Agreement, Agency agrees to return, refund and reimburse any and all unused funds, or funds determined by City to have been used improperly, within thirty (30) days after termination of this Agreement. ARTICLE VII INDEMNIFICATION AND RELEASE 7.1 Indemnification. The Agency 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 attorneys’ fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Agency and funded 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 Agency, or any third party. 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. 7.2 Release. The Agency assumes full responsibility for the work to be performed and funded 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 that is caused by, alleged to be caused by, arising out of, or in connection with the Agency’s work to be performed and funded 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 Agency, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VIII INSURANCE 8.1 The Agency 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 services performed by the Agency, its officers, agents, volunteers, and employees. 8.2 The Agency’s insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in Exhibit D. Page 333 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 9 During the term of this Agreement Agency’s insurance policies shall meet the minimum requirements of this section. 8.3 Types. Agency shall have the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation/Employer’s Liability. 8.4 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (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 D; and shall be approved by the City before work begins. (c) Agency 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. 8.5 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 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 $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. 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 not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual Page 334 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 10 liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 8.6 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 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. 8.7 Workers’ Compensation/Employer’s Liability Insurance. The following Workers’ Compensation Insurance shall include the following terms: (a) Employer’s Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; (b) “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY”. ARTICLE IX GENERAL PROVISIONS 9.1 Other Agreements. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Agency with another private entity, person, or organization for the performance of those services described in in this Agreement. In the event Agency enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Agency shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments. 9.2 Binding Agreement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Agency and their respective successors and assigns. Page 335 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 11 9.3 Personal Interest. The City and Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 9.4 Non-discrimination. Agency covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age or disability. Agency will take affirmative action to ensure that applicants who are hired are treated, during employment, without regard to their race, color, religion, sex, national origin, age or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection. Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination requirement. 9.5 Equal Opportunity. Agency expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Agency, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or disability. 9.6 Religious Affiliation. Agency certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will not provide religious instruction or counseling, conduct religious worship or services, or engage in religious proselytizing in the provision of services or the use of facilities or furnishings assisted in any way under this Agreement. 9.7 Independent Contractor. Agency is an independent contractor and not an agent or representative of the City and the obligation to compensate employees furnished or used by Agency to provide the services specified in Article II shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. This Agreement does not create a joint venture. 9.8 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 both parties. 9.9 Venue. This Agreement will be performed and has been made under and shall be governed by the laws of the State of Texas, Brazos County. 9.10 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 organizations. 9.11 Waiver of Terms. 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 Page 336 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 12 of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 9.12 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 9.13 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other party to this Agreement. 9.14 Counterparts. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 9.15 Invalid Provisions. 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. 9.16 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 any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 9.17 Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. City: City of College Station Attn: Debra Matthews Fiscal Services Department PO Box 9960 1101 Texas Avenue College Station, Texas 77842 Agency: Arts Council of Brazos Valley Attn: Sheree Boegner, Director 4180 Highway 6 South College Station, Texas 77845 9.18 Funding Source. Agency understands and agrees to state in all published material, announcements and advertising regarding activities funded with City funding that the activity was made possible in part through funding from the City of College Station. If there is not published Page 337 of 506 Contract No 23300016 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 13 activity material, a sign must be displayed and a verbal announcement must be made at the time of the activity. 9.19 Verification No Boycott. To the extent applicable, this Agreement is subject to the following: (a) Boycott Israel. If this Agreement is for goods or services subject to § 2270.002 Texas Government Code, Agency verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement; (b) Boycott Firearms. If this Agreement is for goods and services subject to § 2274.002 Texas Government Code, Agency 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 Agreement against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Agency herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Agreement. List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures D. Certificates of Insurance ARTS COUNCIL OF BRAZOS VALLEY CITY OF COLLEGE STATION By: __________________________________ City Manager Printed Name: Date: ___________ Title: __________________________________ City Attorney Date: Date: ___________ _______________________________ Assistant City Manager Date: __________ Executive Director Sheree Boegner 9/30/2022 10/3/2022 10/3/2022 10/14/2022 Page 338 of 506 Page 339 of 506 The Arts Council of Brazos Valley Statement of Financial Position As of September 14, 2022 Accrual Basis Wednesday, September 14, 2022 09:23 AM GMT-05:00 1/4 TOTAL ASSETS Current Assets Bank Accounts 10100 Wells Fargo Business Checking *8775 33,728.78 10200 VB - Checking *3808 124,586.04 10210 VB - Savings *3816 24,505.58 10220 VB - ICS *8164 518,607.17 10300 PayPal 2,442.24 10400 Prosperity - ABC 0.00 10500 American Momentum Money Market 71,139.97 10600 American Funds 52,798.90 10700 Cash in Drawer 0.00 10800 Community Foundation of BV 9,496.62 10900 Spirit of Texas 0.00 Total Bank Accounts $837,305.30 Accounts Receivable 11000 Accounts Receivable 13,081.44 11200 Pledges Receivable 45,000.00 11210 Discount on Pledge Receivable 0.48 Total 11200 Pledges Receivable 45,000.48 11400 Grants Receivable 0.00 11500 Contributions Receivable 69,999.80 11600 Due from Affiliates 14,348.50 Total 11000 Accounts Receivable 142,430.22 Total Accounts Receivable $142,430.22 Other Current Assets 12000 Undeposited Funds 1,509.68 12100 Inventory Asset 0.00 12300 Art Inventory 14,102.00 12400 Prepaid Expenses 0.22 12410 Prepaid Rent 0.00 12420 Prepaid Insurance 0.00 12430 Prepaid Advertising 0.00 Total 12400 Prepaid Expenses 0.22 Payroll Refunds 126.00 Total Other Current Assets $15,737.90 Total Current Assets $995,473.42 Page 340 of 506 The Arts Council of Brazos Valley Statement of Financial Position As of September 14, 2022 Accrual Basis Wednesday, September 14, 2022 09:23 AM GMT-05:00 2/4 TOTAL Fixed Assets 14000 Property & Equipment 14100 Furniture and Equipment 158,096.92 14200 Buildings & Improvements 1,655,761.71 14300 Permanent Collection 657,023.02 14400 Texas Gallery Improvements 0.00 14500 Land 392,430.00 14900 Accum Depreciation -175,767.61 Total 14000 Property & Equipment 2,687,544.04 14101 New Building 0.00 14101.1 Building Improvements 0.00 14102 Credit to Building Cost 0.00 16000 Construction in Progress 0.00 Total Fixed Assets $2,687,544.04 Other Assets 18000 Investments/Endowments 0.00 18010 Wells Fargo Investment 0.00 Total 18000 Investments/Endowments 0.00 18600 Other Assets 0.00 18700 Security Deposits Asset 0.00 18800 Promise to Give - COCS 0.00 Total Other Assets $0.00 TOTAL ASSETS $3,683,017.46 LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable 20000 Accounts Payable 9,970.62 20100 Grants Payable 0.00 Total Accounts Payable $9,970.62 Credit Cards 21000 Wells Fargo Business Card - Boegner 1,554.57 Page 341 of 506 The Arts Council of Brazos Valley Statement of Financial Position As of September 14, 2022 Accrual Basis Wednesday, September 14, 2022 09:23 AM GMT-05:00 3/4 TOTAL Total Credit Cards $1,554.57 Other Current Liabilities 22000 PPP Loan 0.00 23000 Payroll Liabilities 0.00 23100 Federal Tax Payable 626.47 23200 Texas Unemployment Payable 1,061.00 23300 Simple IRA Payable 4,400.00 23400 Blue Cross Blue Shield Payable 1,176.10 23500 Guardian Insurance Payable -77.09 23600 HSA Payable 0.00 23700 Accrued Compensated Absences 4,029.94 23800 Direct Deposit Liabilities 0.00 Total 23000 Payroll Liabilities 11,216.42 25000 Deferred Income 0.14 25100 Unearned or Deferred Revenue 0.00 26000 Accrued Expenses 0.00 26100 Deferred Membership Dues 0.00 26200 Due to COCS- Reimbursements 0.00 26300 Due to COB - Reimbursements 0.00 28000 Sales Tax Payable 0.00 28100 Sales Tax Payable - Current 1,504.01 Total 28000 Sales Tax Payable 1,504.01 Direct Deposit Payable 0.00 Out Of Scope Agency Payable 0.00 Sales Tax Agency Payable (do not use)0.00 Sales Tax Payable (do not use)0.00 Square Sales Tax Payable (do not use)0.00 State Comptroller Payable (do not use)0.00 Total Other Current Liabilities $12,720.57 Total Current Liabilities $24,245.76 Long-Term Liabilities 29100 Note payable to Citibank 0.00 29200 Notes Payable 0.00 29300 NP - Vera Bank 694,220.87 29900 Northgate Sculpture Fund 123,750.00 Total Long-Term Liabilities $817,970.87 Total Liabilities $842,216.63 Page 342 of 506 The Arts Council of Brazos Valley Statement of Financial Position As of September 14, 2022 Accrual Basis Wednesday, September 14, 2022 09:23 AM GMT-05:00 4/4 TOTAL Equity 30000 Opening Bal Equity 0.00 31000 Net Assets - Donor Restricted 756,750.00 32000 Unrestricted Net Assets 2,060,826.46 Net Revenue 23,224.37 Total Equity $2,840,800.83 TOTAL LIABILITIES AND EQUITY $3,683,017.46 Page 343 of 506 The Arts Council of Brazos Valley Budget vs. Actuals: FY2022 - FY22 P&L October 2021 - September 2022 Accrual Basis Wednesday, September 14, 2022 09:23 AM GMT-05:00 1/4 TOTAL ACTUAL BUDGET OVER BUDGET % OF BUDGET Revenue 43000 Contributed Income 58,359.61 135,000.00 -76,640.39 43.23 % 43100 Membership Dues 43120 Affliates Membership 4,000.00 3,200.00 800.00 125.00 % 43130 Business Membership 2,991.66 4,500.00 -1,508.34 66.48 % 43140 BV Collective Membership 850.00 800.00 50.00 106.25 % 43150 Individual Membership 9,658.34 16,000.00 -6,341.66 60.36 % Total 43100 Membership Dues 17,500.00 24,500.00 -7,000.00 71.43 % 43200 Fundraising Events 43240 Celebrate the Arts 57,696.00 140,000.00 -82,304.00 41.21 % 43245 Celebrate the Arts Scholarship 14,750.00 15,000.00 -250.00 98.33 % Total 43240 Celebrate the Arts 72,446.00 155,000.00 -82,554.00 46.74 % 43250 Boots & BBQ 17,000.00 -17,000.00 43260 Empty Bowls, Jr.12,376.67 13,000.00 -623.33 95.21 % 43270 Stories at the Gallery 6,642.39 6,642.39 Total 43200 Fundraising Events 91,465.06 185,000.00 -93,534.94 49.44 % 43300 Government Grants 43310 Brazos County 8,000.00 8,000.00 0.00 100.00 % 43320 Bryan HOT 111,780.00 111,780.00 0.00 100.00 % 43325 Bryan HOT Reimbursements 13,427.84 600.00 12,827.84 2,237.97 % Total 43320 Bryan HOT 125,207.84 112,380.00 12,827.84 111.41 % 43330 College Station 32,076.00 35,000.00 -2,924.00 91.65 % 43340 College Station HOT 455,162.00 463,000.00 -7,838.00 98.31 % 43345 College Station HOT Reimbursements 2,770.38 3,000.00 -229.62 92.35 % Total 43340 College Station HOT 457,932.38 466,000.00 -8,067.62 98.27 % 43350 Navasota HOT 28,800.00 28,800.00 0.00 100.00 % 43355 Navasota HOT Reimbursements 1.00 -1.00 Total 43350 Navasota HOT 28,800.00 28,801.00 -1.00 100.00 % 43360 TCA 6,250.00 15,000.00 -8,750.00 41.67 % 43370 TCA Revenue 5,500.00 5,500.00 Total 43360 TCA 11,750.00 15,000.00 -3,250.00 78.33 % Total 43300 Government Grants 663,766.22 665,181.00 -1,414.78 99.79 % 43400 Foundation & Trust Grants 975.64 5,000.00 -4,024.36 19.51 % Total 43000 Contributed Income 832,066.53 1,014,681.00 -182,614.47 82.00 % 44000 Program Service Revenue 44100 Artist Call for Entry 1,754.38 1,700.00 54.38 103.20 % 44200 Camps & Workshops 13,650.00 6,800.00 6,850.00 200.74 % 44210 Adult Workshops 1.00 -1.00 44220 Children Camps 1.00 -1.00 Total 44200 Camps & Workshops 13,650.00 6,802.00 6,848.00 200.68 % 44300 Classes 3,341.00 1,600.00 1,741.00 208.81 % Page 344 of 506 The Arts Council of Brazos Valley Budget vs. Actuals: FY2022 - FY22 P&L October 2021 - September 2022 Accrual Basis Wednesday, September 14, 2022 09:23 AM GMT-05:00 2/4 TOTAL ACTUAL BUDGET OVER BUDGET % OF BUDGET 44310 Adult Classes -30.00 1.00 -31.00 -3,000.00 % 44320 Children Classes 100.00 1.00 99.00 10,000.00 % Total 44300 Classes 3,411.00 1,602.00 1,809.00 212.92 % 44400 Community Events 2,626.00 3,000.00 -374.00 87.53 % 44500 Red Wasp 2,000.00 -2,000.00 44600 Special Exhibits 30,000.00 -30,000.00 Total 44000 Program Service Revenue 21,441.38 45,104.00 -23,662.62 47.54 % 45000 Art & Merchandise Sales 20,124.54 8,000.00 12,124.54 251.56 % 46000 Other Revenue 46200 Investments 5,764.85 2,000.00 3,764.85 288.24 % 46300 Rentals 13,365.00 17,500.00 -4,135.00 76.37 % 46400 Miscellaneous Revenue 188.49 50.00 138.49 376.98 % 46410 Payroll Tax Credit 10,000.00 10,000.00 46420 Interest Income 466.58 466.58 Total 46400 Miscellaneous Revenue 10,655.07 50.00 10,605.07 21,310.14 % Total 46000 Other Revenue 29,784.92 19,550.00 10,234.92 152.35 % PayPal Sales 675.00 675.00 Total Revenue $904,092.37 $1,087,335.00 $ -183,242.63 83.15 % GROSS PROFIT $904,092.37 $1,087,335.00 $ -183,242.63 83.15 % Expenditures 60000 Grants & Scholarships 60100 Grants 429,256.00 -429,256.00 60110 Bryan College Station Grants 429,256.00 1.00 429,255.00 42,925,600.00 % 60120 Navasota Grants 23,300.00 1.00 23,299.00 2,330,000.00 % 60130 Rural Grants 8,000.00 1.00 7,999.00 800,000.00 % 60140 Returned Grants 3,600.00 -3,600.00 Total 60100 Grants 460,556.00 432,859.00 27,697.00 106.40 % 60200 Scholarships 19,000.00 15,000.00 4,000.00 126.67 % Total 60000 Grants & Scholarships 479,556.00 447,859.00 31,697.00 107.08 % 61000 Salaries and Related Expenses 61100 Salaries & Wages 130,255.33 203,940.00 -73,684.67 63.87 % 61200 Employer IRA Contributions 2,200.00 6,118.20 -3,918.20 35.96 % 61300 Employee Benefits-Other 2,660.00 720.00 1,940.00 369.44 % 61400 Payroll taxes & fees 11,785.33 15,601.41 -3,816.08 75.54 % 61500 Sales Commission 1,050.00 -1,050.00 61600 Employer Health Ins. Contribution 5,474.29 21,600.00 -16,125.71 25.34 % Total 61000 Salaries and Related Expenses 152,374.95 249,029.61 -96,654.66 61.19 % 62000 Fees for Services 825.00 825.00 62100 Accounting Fees 25,709.60 30,000.00 -4,290.40 85.70 % 62200 Contractor Fee 500.00 -500.00 62300 Legal and Professional Fees 2,168.78 1,000.00 1,168.78 216.88 % Page 345 of 506 The Arts Council of Brazos Valley Budget vs. Actuals: FY2022 - FY22 P&L October 2021 - September 2022 Accrual Basis Wednesday, September 14, 2022 09:23 AM GMT-05:00 3/4 TOTAL ACTUAL BUDGET OVER BUDGET % OF BUDGET 62400 Marketing Intern & Work Study 10,388.47 10,000.00 388.47 103.88 % 62500 Program Intern & Work Study 1,500.00 1.00 1,499.00 150,000.00 % Total 62000 Fees for Services 40,591.85 41,501.00 -909.15 97.81 % 63000 Advertising, Printing, Promo.0.00 62,784.00 -62,784.00 0.00 % 63100 HOT Advertising 10,505.65 1.00 10,504.65 1,050,565.00 % 63200 Local Advertising 12,029.47 1.00 12,028.47 1,202,947.00 % Total 63000 Advertising, Printing, Promo.22,535.12 62,786.00 -40,250.88 35.89 % 64000 Programs 64010 ART for Life 11,169.24 13,500.00 -2,330.76 82.74 % 64020 Artist Connect 5,501.76 8,000.00 -2,498.24 68.77 % 64030 Artist in Residence 2,786.77 7,125.00 -4,338.23 39.11 % 64040 Camps & Workshops 5,100.00 -5,100.00 64041 Adult Workshop Expense 1.00 -1.00 64042 Children Camp Expense 6,401.97 1.00 6,400.97 640,197.00 % Total 64040 Camps & Workshops 6,401.97 5,102.00 1,299.97 125.48 % 64050 Classes 1,500.00 -1,500.00 64051 Adult Class Expense 89.45 1.00 88.45 8,945.00 % 64052 Children Class Expense 1.00 -1.00 Total 64050 Classes 89.45 1,502.00 -1,412.55 5.96 % 64060 Community Events 671.77 400.00 271.77 167.94 % 64070 Gallery 4,191.79 6,000.00 -1,808.21 69.86 % 64080 Public Art 823.41 3,000.00 -2,176.59 27.45 % 64090 Red Wasp 2,000.00 -2,000.00 64110 Special Exhibits 30,000.00 -30,000.00 64130 Programs-Other 62.73 1,500.00 -1,437.27 4.18 % Total 64000 Programs 31,698.89 78,129.00 -46,430.11 40.57 % 65000 Fundraising 2,040.00 2,040.00 65100 Boots & BBQ 3,000.00 -3,000.00 65200 Celebrate the Arts 10,105.33 48,000.00 -37,894.67 21.05 % 65300 Empty Bowls, Jr.6,735.76 7,500.00 -764.24 89.81 % 65400 Fundraising - Other 271.98 5,500.00 -5,228.02 4.95 % 65500 Stories at the Gallery 3,624.85 3,624.85 Total 65000 Fundraising 22,777.92 64,000.00 -41,222.08 35.59 % 66000 Office Expenses 7,042.80 3,000.00 4,042.80 234.76 % 66100 Information Technology 4,749.90 5,100.00 -350.10 93.14 % 66200 Postage, Mailing Service 185.38 700.00 -514.62 26.48 % Total 66000 Office Expenses 11,978.08 8,800.00 3,178.08 136.11 % 68000 Occupancy 68200 Facilities & Equipment Rental 1,885.21 2,000.00 -114.79 94.26 % 68300 Insurance 13,980.00 14,300.00 -320.00 97.76 % 68400 Janitorial 4,800.00 10,800.00 -6,000.00 44.44 % Page 346 of 506 The Arts Council of Brazos Valley Budget vs. Actuals: FY2022 - FY22 P&L October 2021 - September 2022 Accrual Basis Wednesday, September 14, 2022 09:23 AM GMT-05:00 4/4 TOTAL ACTUAL BUDGET OVER BUDGET % OF BUDGET 68500 Mortgage Expense 27,203.50 66,132.00 -38,928.50 41.14 % 68600 Pest Control 340.00 500.00 -160.00 68.00 % 68700 Repairs & Maintenance 10,346.04 7,600.00 2,746.04 136.13 % 68800 Security 5,170.00 1,000.00 4,170.00 517.00 % 68900 Utilities 18,514.82 20,000.00 -1,485.18 92.57 % Total 68000 Occupancy 82,239.57 122,332.00 -40,092.43 67.23 % 69000 Mileage 92.40 92.40 69100 Travel & In-Region Mileage 2,111.82 2,200.00 -88.18 95.99 % Total 69000 Mileage 2,204.22 2,200.00 4.22 100.19 % 80000 Other expenses 80010 Artist Commission 16,383.05 6,000.00 10,383.05 273.05 % 80020 Bank Charges 2,399.56 600.00 1,799.56 399.93 % 80025 PayPal Fees 553.26 553.26 Total 80020 Bank Charges 2,952.82 600.00 2,352.82 492.14 % 80050 Investment Losses 9,880.63 1,575.00 8,305.63 627.34 % 80070 Memberships & Dues 1,259.58 1,575.00 -315.42 79.97 % 80080 Training & Development 4,129.19 3,375.00 754.19 122.35 % 80100 Other Costs 1,000.00 -1,000.00 Total 80000 Other expenses 34,605.27 14,125.00 20,480.27 244.99 % Reimbursed Expenses 220.54 220.54 Total Expenditures $880,782.41 $1,090,761.61 $ -209,979.20 80.75 % NET OPERATING REVENUE $23,309.96 $ -3,426.61 $26,736.57 -680.26 % Other Expenditures 90000 Ask My Accountant 85.59 85.59 Total Other Expenditures $85.59 $0.00 $85.59 0.00% NET OTHER REVENUE $ -85.59 $0.00 $ -85.59 0.00% NET REVENUE $23,224.37 $ -3,426.61 $26,650.98 -677.77 % Page 347 of 506 Exhibit B Narrative Summary of Activity Report Page 348 of 506 FY 2022 Activity Overview Our focus for the current and upcoming fiscal year is continuing to fulfill our mission: to make the arts accessible to all residents and visitors of the Brazos Valley. In the current fiscal year, the Arts Council focused on private fundraising efforts, including continuing an extremely successful capital campaign which we have now focused on to develop a plan to build a growing endowment to support our new facility and the operations within. Our facility contains a two-tier fully-accessible mezzanine gallery, three active artist studios, classroom and meeting space, a visitor center, and Arts Council administrative offices. We will continue to aggressively fundraise and to grow and improve fundraising projects, events, and programs including Empty Bowls, Jr.,Boots & BBQ, all Membership Programs, the College Arts Scholarship Program, private donor cultivation, public art, grant writing, and Celebrating the Arts. In addition, we are working to maintain our impact through our at-risk youth programs in the current year, including Artist Connect, Empty Bowls, Jr.and Art Reaching Teens for Life. Through Artist Connect, we look forward to conducting at least nine high-impact workshops in Title-1 schools through providing free, innovative, in-classroom arts programming. Through Empty Bowls, Jr., over 20 schools from across the Brazos Valley created over 1000 bowls and helped The Arts Council raise almost $13,000 for much needed grant support for in-school food pantries in our region. We also continue to focus on our advocacy and funding role for the arts in the Brazos Valley. Many of our affiliates are still recovering from significant impacts from the COVID-19 closures and public safety recommendations concerning staying home. Through work done to compile impacts of the COVID-19 health crisis, we have found that arts affiliates have had to cancel, reschedule, or limit events and facility openings to maintain safety in our community. Due to these limitations, other sources of revenues for our affiliates have been reduced as organizations await economic improvements and public confidence in their safety. Grant funds are crucial in maintaining programming and marketing efforts and rebuilding the arts community in the Brazos valley. A strong arts community will motivate visitors to stay in the area longer which will help rebuild our economy. The following is an overview of program and administrative activities conducted by the Arts Council this fiscal year since October 2021. 2 Page 349 of 506 Arts Council Programs The Arts Council supports and enhances our community’s art, culture, and heritage efforts. Programs include operations of the Galleries & Visitor Center, funding opportunities, artistic learning opportunities, affiliate support and arts marketing, and community involvement and outreach. Milestones and activities achieved through our programs are listed below. Arts Council Galleries & Visitor Center As an arts destination and the hub of information about the region’s arts activities, The Arts Council’s Galleries and Arts Visitor Center is a critical service for the public and many Arts Council affiliate organizations. Gallery spaces and artist studios operated by The Arts Council facilitate public interaction with the arts and provide the residents and visitors of the Brazos Valley with the opportunity to see fantastic works of art by contemporary artists from around the state and beyond. The Arts Council’s facilities serve as an arts and culture visitors’ center and provides the public with information about the many arts organizations and happenings in the area. It also provides affiliates a space to meet, work or host events vital to fulfilling their missions. The classroom is used by many affiliate groups and other visitors as a space to meet, learn, and create new work together. Group Facility Use: Our facilities averaged 16 in-person meetings each month, a 300% increase from last year. Total meetings were affected by COVID-19 as many of our affiliates are made up of groups of high-risk individuals and were unable to meet in person. Other meetings were attended and facilitated by the Arts Council virtually. We expect to return to our previous meeting numbers (26 per month) as the public health situation improves as well as increasing affiliate usage. 4180 and Bradfield Galleries:Our two-tiered mezzanine gallery space will feature a total of 13 planned exhibitions for FY 2021-2022, some of which were postponed to this fiscal year given COVID-19 closures, including: the Jason Robichau The Art of Sport Exhibit;Lovin’ that Lonestar Flag exhibit by E. Joe Deering; Neena Buxani’s The Art of Gemology; a solo exhibit by the incoming College Station Artist in Residence; showings by a trio of local artists, Nikki Smith, Hailey Herrera, and Patsy Supak; the Aggie Spirit show which will display the winning pieces from our Aggie Spirit Community Art Contest;Art is for Everyone,a presentation by Le Hale with Purple Turtle Art Studio; Astrophotography by Randall Light, MD;Seeing the Light through Stained Glass shown by Irene Light;Refrigerator Art, features work by artists in Summer Camps at the Arts Council; and a show by artist June Dudley. We will continue our community galleries, and expect to host 5 new artists through our residency programs and provide them with exhibit space and professional development opportunities. Community Galleries at Large:5 galleries, each with 2-3 exhibits for FY 2021-2022. Gallery spaces are located at the City of College Station (on hold due to new City Hall), the City of Bryan, 3 Page 350 of 506 the City of Navasota, the Brazos Valley Council of Governments, and Brazos Valley Plastic Surgery. An estimated 200 new pieces will be on display throughout the year. Funding Programs A longstanding role of the Arts Council has been to evaluate and administrate arts, culture and heritage grant proposals, many of which originate from arts organizations in College Station. This very important role will continue to be a priority, but the Arts Council is also focused on elevating the profile of the arts in the Brazos Valley, making more funding available for the arts, attracting more visitors to the Brazos Valley, and increasing the impact of the arts in the Brazos Valley’s economic recovery given COVID-19. To accomplish this, other high priorities include marketing and professional development of local arts organizations to help make local arts activities more sustainable. The Arts Council operates four funding programs: three granting programs to nonprofit arts organizations and a scholarship program for high school seniors. The largest of the programs is the Annual Marketing & Program Grant, which is funded through the City of College Station and City of Bryan hotel occupancy tax funds. Funding for this program supports projects only in Bryan and College Station. In FY2018, The Arts Council implemented a Multi-Year Grant program for the Bryan/College Station Annual Grants to get our highest performing affiliates on a 3-year grant application and award cycle. 2019 was the last year of the initial cycle and 7 affiliates were participating. Unfortunately, we suspended the multi-year grant program until hotel occupancy tax funds return to normal collections after the COVID-19-related economic downturn. We look forward to continuing this Multi-Year Grant program within the next two years. The Navasota Annual Marketing & Program Grant provides hotel occupancy tax funds collected by the City of Navasota to nonprofit arts organizations operating in Navasota’s extraterritorial jurisdiction. The Rural Grant program is funded by The Arts Council and provides small, program-based grants to nonprofit organizations operating in the six rural counties of the Brazos Valley. We expect to complete the awarding process for our rural grants in April. For FY 2021-2022, The Arts Council received 20 funding requests exceeding $599,000 from Brazos Valley nonprofit arts, culture and heritage organizations. Through the generous support for the arts shown by Bryan, College Station, Navasota, and private donors, we were able to fund approximately $452,556 of these requests so far in 2021-2022. In order to purposefully allocate the funds given for FY2021 and better serve our community, we have initiated a second grant cycle for our Bryan College Station Annual Programs and Marketing Grant called “APMG Part B”. We hope to distribute approximately $40,000 in this second cycle, which is open to all Bryan College Station Affiliates. In FY 2022, we hope to award $503,000 in grant funding to arts, 4 Page 351 of 506 culture and heritage organizations operating and providing artistic programs in the Brazos Valley. This funding will be crucial for sustaining not only the arts industry, but also catalyzing positive growth for our local economy through ensuring that these organizations continue to provide their services to our local communities and our visitors. The arts will be instrumental in restoring and reviving the hotel and tourism industry in the Brazos Valley as travel restrictions are reduced. Texas will encourage visitors to travel within the state allowing more people to experience the Brazos Valley for multiple days. Funded programs for FY 2021-2022 are projected to directly impact an estimated 495,000 people, a third of which we expect will travel to Bryan/College Station from outside of the Brazos Valley. Affiliate arts, culture and heritage organizations funded through the Arts Council’s granting programs have already reported 1,196 room nights in the Brazos Valley in the first quarter and are expected to report an estimated total impact of more than 4,500 room nights for FY 2021-2022. In the first quarter, over 4,234 restaurant visits were captured via affiliate visitor surveys with a projection of over 13,000 restaurant visits for the year, demonstrating a significant impact on local sales tax revenues as well. Referred from the Texans for the Arts and from Americans for the Arts studies and fact sheets, arts attendees spend $31.47 per person, per event, beyond the cost of admission. As our affiliates are still experiencing program obstacles, we expect these numbers to increase significantly in FY 2022-2023 following improvements in the public health situation. Having the City of College Station as a partner makes it possible to serve the many residents and visitors of the Brazos Valley. The Arts Council will continue working with our collective of nonprofit affiliates to increase the positive impact on the local economy while creating an arts sector that is sustainable in our community. Additionally, through private fundraising, The Arts Council provides roughly $20,000 in scholarships to graduating high school seniors each year. These scholarships go to talented artists who have graduated from a high school in the Brazos Valley and are planning to pursue a degree program focused on arts, culture, or heritage at an accredited college or university 5 Page 352 of 506 Page 353 of 506 Summary of Grants Programs FY 2021-2022Grant ProgramProposals FundedFunds to beAllocatedPersonsImpacted*Hotel NightsGenerated*Bryan/College Station Annual Grant Program17$429,256.0045,3721,124Bryan/College Station Grant Program Part BDecisions Pending$40,000.00Events PendingN/ANavasota Annual Grant Program3$23,300.0083272Rural Grant ProgramDecisions PendingDecisions PendingEvents PendingN/ACollege Arts ScholarshipsDecisions Pending$19,000.00Decisions PendingN/ATOTAL20$511,55646,2041,196*Impact totals only represent numbers reported in the first quarter of the fiscal year.Summary of Proposals Funded FY 2021-2022 (as of March 2022, as reported by affiliate organizations)OrganizationFY 2021-2022 GrantAwardPersonsImpactedHotel NightsGeneratedProject DescriptionBallet Brazos$24,0005,6041810th anniversary of The NutcrackerBrazos Educational Radio(KEOS-FM)$5,046.0000No funded programs or marketing this quarterBrazos Valley AfricanAmerican Museum$13,000.0000No funded programs or marketing this quarterBrazos Valley Art League dbaVisual Arts Society BCS$0.00N/AN/AMarketing support for website development andsocial media campaignsBrazos Valley Chorale$15,000.004420The Spheres-Kyrie; The Sunrise--GloriaPage 354 of 506 City of College StationThe Arts CouncilFY 2022-2023 Budget RequestOrganizationFY 2021-2022 GrantAwardPersonsImpactedHotel NightsGeneratedProject DescriptionBrazos Valley Museum ofNatural History$25,000.0012,498267Marketing Support & Exhibit ProgramBrazos Valley SymphonySociety$68,210.003,09444Wind Serenade, Queen, & Holiday Pops Concerts andPremiere MarketBrazos Valley Worldfest$5,000.00N/A0No funded programs or marketing this quarterThe Children’s Museum of theBrazos Valley$25,000.003,95510General Marketing for the museum & exhibitsFiestas Patrias Mexicanas ofB/CS$15,000.00N/AN/ANo funded programs or marketing this quarterFriends of Chamber Music$15,000.0023021. Axiom Brass Educational Program, "Excursions"presented at Blinn College, 2. Axiom Brass QuintetConcert, "Love, Mystery, and Despair" (in-person,live-stream, and video), 3. New York Polyphony Concert,"Sing Thee Nowell" (in-person, live-stream)George Bush PresidentialLibrary & Museum$40,000.0010,837214General Marketing for the museum & exhibitsMSC OPAS$50,000.004,518311Charlie and the Chocolate Factory, Michael Cavanaugh,7000 Miles to BroadwayMuseum of the American G.I.$32,000.001,611210General Marketing for the museum & exhibitsStage Center Theatre$20,000.0047011Women in Jeopardy and A Christmas Carol, a Live RadioPlayThe Theatre Company ofBryan/College Station$37,000.002,11337Elf, The Frogs, Newsies, Titanic, Moana JrTAMU Dance Program$0.00N/AN/ANo funded programs or marketing this quarter7Page 355 of 506 City of College StationThe Arts CouncilFY 2022-2023 Budget RequestOrganizationFY 2021-2022 GrantAwardPersonsImpactedHotel NightsGeneratedProject DescriptionNavasota Grimes CountyChamber of Commerce$5,600.003004Reds, Wheats & Blues FestivalNavasota Theatre Alliance(Navasota AMPG Grant)$11,145.0053213Lanterns & Legends 22 / The Man Who Wanted tobe Santa ClausWashington on the BrazosState Park Association(Navasota AMPG Grant)$6,555.00N/A55Year-round marketing supportBrenham Children’s Chorus(Rural Grant Program)Request PendingReportPendingN/ANo funded programs or marketing this quarterNavasota Theatre Alliance(Rural Grant Program)Request PendingReportPendingN/ANo funded programs or marketing this quarterTroupe Over the Hill(Rural Grant Program)Request PendingReportPendingN/ANo funded programs or marketing this quarterUnity Theatre(Rural Grant Program)Request PendingReportPendingN/ANo funded programs or marketing this quarterWashington on the BrazosState Park Association(Rural Grant Program)Request PendingReportPendingN/ANo funded programs or marketing this quarterTotals$452,556.0046,2041,196*Only numbers reported from the first quarterly report cycle. Some affiliate events have not yet occurred.As a note, many of our affiliates have been significantly impacted by the COVID-19 public health situation and safety guidelines. Many of ourperforming arts affiliates have had to cancel half or more of their seasons and programs. Museums have had to close their doors and miss a greatdeal of earned income from ticket sales. Some special events are currently canceled, rescheduled, or postponed indefinitely. For many of them,it remains to be seen if they will be able to reschedule their activities within the fiscal year, due to restrictions of performing arts spaces, strictexhibit schedules, and availability of professional artists and performers.8Page 356 of 506 Page 357 of 506 09/14/2022 Wm. Albert Miller Agency 220 E. Washington Avenue P. O. Drawer 31 Navasota TX 77868 (936) 825-6789 Markel Insurance Co Philadelphia Indemnity Insurance Co Arts Council Brazos Valley PO Box 10626 College Station TX 77842- Bert Miller bertmiller@milleragencyinc.com (936) 825-6790 X X PHPK2363239B 02/16/2022 02/16/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 1,000,000 X X PHPK2363239B 02/16/2022 02/16/2023 1,000,000 MWC0045351-10A 02/16/2022 02/16/2023 X 1,000,000 1,000,000 1,000,000 Property PHPK2363239B 02/16/2022 02/16/2023 Business Property 100,000 Collections-others 150,000 Collections- ACBV 75,000 Certificate holder listed as additional insured and waiver of subrogation with regard to general liability and workers compensation coverages. GL coverage is primary & non-contributory and 30-day notice of cancellation applies. AI 002351 Att: Risk Management PO Box 9906 College Station TX 77842- City of College Station ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) CERTIFICATE OF LIABILITY INSURANCE Page 358 of 506 FIRST AMENDMENT TO THE CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF HOTEL TAX WITH ARTS COUNCIL OF BRAZOS VALLEY This Amendment (“Amendment”) is made and entered into by and between the City of College Station, a Texas Home-Rule Municipal Corporation (the “City”), and ARTS COUNCIL OF BRAZOS VALLEY, a Texas Non-Profit Corporation (the “Agency”), hereinafter collectively referred to as the “Parties”. WHEREAS, on October 14, 2022 the Parties entered into the Funding Agreement for Payment and Use of Hotel Tax with Contract No. 23300016; and WHEREAS, the Parties desire to reallocate a portion of funding to be paid to Agency from the City’s Hotel Tax Revenue from affiliate funding to public art by the amount of $45,349.00; and WHEREAS, the total approved funding for the Arts Council of the Brazos Valley in the amount of $509,000.00 will not change; and NOW THEREFORE, in consideration of the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to amend Section 2.1 of the Agreement as follows: “2.1 Consideration and Payment. For and in consideration of the activities to be satisfactorily performed by Agency under this Agreement, City agrees to pay to Agency a portion of the Hotel Tax Revenue collected by City in the total amount of FIVE HUNDRED NINE THOUSAND AND NO/100 DOLLARS ($509,000.00) to be paid as follows: (a) The amount of SIXTY-FIVE THOUSAND TWENTY FOUR AND NO/100 DOLLARS ($65,024.00) shall be paid from the City’s Hotel Tax Revenue for the maintenance of the Art and Visitors Center. The appropriated funds shall be used during the period of October 1, 2022 to September 30, 2023. Payment will be made in eleven monthly installments of $5,418.67 and the twelfth payment will be $5,418.63. (b) The amount of ONE HUNDRED FOURTEEN THOUSAND TWENTY-FIVE DOLLARS AND NO/100 CENTS ($114,025.00) shall be paid from the City’s Hotel Tax Revenue for marketing and public art. The appropriated funds shall be used during the period of October 1, 2022 to September 30, 2023. (c) The amount of THREE HUNDRED TWENTY-NINE THOUSAND NINE HUNDRED FIFTY-ONE AND NO/100 DOLLARS ($329,951.00) shall be paid from the City’s Hotel Tax Revenue for affiliate funding. The appropriated funds shall be used during the period of October 1, 2022 to September 30, 2023. Page 359 of 506 1st Amendment Page 2 Funding Agreement – Arts Council All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. This Amendment will be effective when signed by the last Party whose signing makes the Amendment fully executed. ARTS COUNCIL OF BRAZOS VALLEY CITY OF COLLEGE STATION By: By: __________________________ City Manager Printed Name: Date: _____________ Title: __________________________ City Attorney Date: __________________________ Date: ________________ Assistant City Manager/CFO Date: ________________ Page 360 of 506 August 24, 2023 Item No. 6.10. Presentation, discussion, and possible action regarding a resolution directing the Tax Office to calculate the FY25 voter-approved rate in the manner provided for a special taxing unit affected by a disaster declaration. Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding a resolution directing the Brazos County Tax Office to calculate the FY25 voter-approved rate in the manner provided for a special taxing unit affected by a disaster declaration. The Proposed FY25 Budget will not be prepared and presented to the City Council until July 2024. Relationship to Strategic Goals: Good Governance Financial Sustainability Sustainable City Recommendation(s): Staff recommends the City Council approve the resolution directing the Tax Office to calculate the FY25 voter-approved rate in the manner provided for a special taxing unit as the City of College Station is affected by a disaster declaration for tax year 2025. Summary: On August 11, 2023, the Governor of the State of Texas declared a state of disaster pursuant to Texas Government Code based on the wildfire conditions posing an imminent threat of widespread or severe damage, injury or loss of life or property throughout the State of Texas, including Brazos County, and such declaration is effective to date Texas Tax Code § 26.042 provides the governing body of a taxing unit located in an area declared to be a disaster area by the Governor or by the President of the United States may direct the designated officer of the City to calculate the voter-approval tax rate in the manner provided for a special taxing unit (8 percent). Budget & Financial Summary: Staff will continually evaluate the known and projected impacts of wildfires on the FY24 proposed budget as well as the strategic five-year financial plan thru FY26. The Proposed FY25 Budget will not be prepared and presented to the Council until July 2024. Attachments: 1. Wildfire Resolution Disaster 2023 Page 361 of 506 RESOLUTION NO. _______ A RESOLUTION AUTHORIZING THE BRAZOS COUNTY TAX OFFICE TO CALCULATE THE VOTER-APPROVAL TAX RATE IN THE MANNER PROVIDED FOR A SPECIAL TAXING UNIT (8 PERCENT) AS THE CITY OF COLLEGE STATION IS LOCATED IN AN AREA DECLARED A DISASTER AREA PURSUANT TO TEXAS TAX CODE § 26.042. WHEREAS, on August 11, 2023, the Governor of the State of Texas declared a state of disaster pursuant to Texas Government Code based on the wildfire conditions posing an imminent threat of widespread or severe damage, injury or loss of life or property throughout the State of Texas, including Brazos County, and such declaration is effective to date as shown in Exhibit “A”; and WHEREAS, within the City of College Station the wildfire conditions posing an imminent threat of widespread or severe damage, injury or loss of life or property exist; and WHEREAS, Texas Tax Code § 26.042 provides the governing body of a taxing unit located in an area declared to be a disaster area by the Governor or by the President of the United States may direct the designated officer of the City to calculate the voter-approval tax rate in the manner provided for a special taxing unit (8 percent); and WHEREAS, the Brazos County Tax Office is the designated officer of the City of College Station. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City of College Station requests according to Texas Tax Code § 26.042 that the Brazos County Tax Office calculate the voter-approval tax rate for tax year 2024 in the manner provided for a special taxing unit at 8 percent. PART 2: That this Resolution shall become effective immediately from and after its passage. ADOPTED THIS 24TH DAY OF AUGUST, 2023. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 362 of 506 EXHIBIT A GOVERNOR’S PROCLAMATION DECLARING A STATE OF DISASTER FOR WILDFIRES Page 363 of 506 GOVERNOR GREG ABBOTT August 11,2023 FILED IN THE OFFICE OF THE SECRETARY OF STATE 154L-t.-.O’CLOCK The Honorable Jane Nelson Secretary of State AUG 1 1 2023 State Capitol,Room 1E.8 Austin,Texas 78701 Secretary of State Dear Secretary Nelson: Pursuant to his powers as Governor of the State of Texas,Greg Abbott has issued the following: A proclamation declaring a state of disaster in a certain number of counties based on the existence of wildfires that pose an imminent threat of widespread or severe damage,injury, or loss of life or property. The original proclamation is attached to this letter of transmittal. Respectfully submitted, e.avison g GSd Clerk to the Governor Attachment POST OFFICE Box 12428 AUSTIN,TEXAS 78711 512-463-2000 (VoICE)DIAL 7-1-1 FOR RELAY SERVICES Page 364 of 506 PROCLAMATION BY THE (!nnruur uf tii tth uf Lxz TO ALL TO WHOM THESE PRESENTS SHALL COME: WHEREAS,I,GREG ABBOTT,Governor of the State of Texas,do hereby certify that wildfires that began on July 24,2023,pose an imminent threat of widespread or severe damage,injury,or loss of life or property in Anderson,Andrews,Angelina,Aransas, Archer,Atascosa,Austin,Bailey,Bandera,Bastrop,Baylor,Bell,Bexar,Blanco, Borden,Bosque,Brazos,Brewster,Briscoe,Brooks,Brown,Burleson,Burnet, Caidwell,Calhoun,Callahan,Cameron,Cass,Castro,Chambers,Cherokee,Clay, Cochran,Coke,Coleman,Colorado,Comal,Comanche,Concho,Cooke,Coryell, Crockett,Crosby,Culberson,Dallas,Denton,DeWitt,Dimmit,Duval,Eastland,Ector, Edwards,El Paso,Ellis,Erath,Falls,Fannin,Fayette,Fort Bend,Freestone,Frio, Gaines,Galveston,Garza,Gillespie,Glasscock,Goliad,Gonzales,Gregg,Grimes, Guadalupe,Hale,Hamilton,Hardeman,Hardin,Harris,Harrison,Hays,Henderson, Hidalgo,Hill,Hood,Houston,Howard,Hudspeth,Hunt,Jack,Jackson,Jasper,Jeff Davis,Jefferson,Jim Hogg,Jim Wells,Johnson,Karnes,Kaufman,Kendall,Kenedy, Kerr,Kimble,King,Kleberg,Knox,La Salle,Lamb,Lampasas,Lavaca,Lee,Leon, Liberty,Limestone,Llano,Madison,Marion,Martin,Mason,Matagorda,Maverick, McCulloch,McLennan,Medina,Menard,Midland,Milam,Mills,Mitchell,Montague, Montgomery,Nacogdoches,Navarro,Newton,Nolan,Nueces,Orange,Palo Pinto, Panola,Parker,Polk,Potter,Presidio,Randall,Reagan,Real,Red River,Reeves, Refugio,Robertson,Rockwall,Runnels,Rusk,Sabine,San Augustine,San Jacinto, San Patricio,San Saba,Schleicher,Scurry,Shackelford,Shelby,Smith,Somervell, Starr,Stephens,Tarrant,Taylor,Terrell,Throckmorton,Tom Green,Travis,Trinity, Tyler,Upshur,Upton,Val Verde,Van Zandt,Victoria,Walker,Waller,Ward, Washington,Wharton,Wichita,Wilbarger,Williamson,Wilson,Winkler,Wise, Yoakum,Young,Zapata,and Zavala Counties; NOW,THEREFORE,in accordance with the authority vested in me by Section 418.014 of the Texas Government Code,I do hereby declare a state of disaster in the previously listed counties based on the existence of such threat. Pursuant to Section 4 1 8 .0 17 of the Texas Government Code,I authorize the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster. Pursuant to Section 4 1 8.0 1 6 of the Texas Government Code,any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent,hinder,or delay necessary action in coping with this disaster shall be suspended upon written approval of the Office of the Governor.However,to the extent that the enforcement of any state statute or administrative rule regarding contracting or procurement would impede any state agency’s emergency response that is necessary to protect life or property threatened by this declared disaster,I hereby authorize the suspension of such statutes and rules for the duration of this declared disaster. In accordance with the statutory requirements,copies of this proclamation shall be filed with the applicable authorities. IN TESTIMONY WHEREOF,I have hereunto signed my name and have officially caused the Seal of State to be FILED IN THE 0FICE OP THE SECRETARY OF STATE 12.5f”1.O’CLOCK AUG 1 1 2023 Page 365 of 506 Governor Greg Abbott August 1 1,2023 affixed at my Austin,Texas, August,2023. /€- GREG ABBOTT Governor Proclamation Page 2 JMJE NELSON Secretary of State FILED IN THE OFFCE OF THE SECRETARY OF STATE O’CLOCK office in the City of this the 11th day of ATTESTED BY: AUG 1 1 2023 Page 366 of 506 August 24, 2023 Item No. 6.11. 8-Inch Wastewater Line Repair – Montclair Avenue and Park Place Sponsor: Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a contract with Elliott Construction, LLC, not to exceed $116,900 for the repair of an existing 8-inch wastewater line at Montclair Avenue and Park Place, plus $35,000 in contingencies for a total appropriation of $151,900. Approval of this item grants authority for the City Manager to authorize expenditures up to the City’s contingency amount. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The subject construction contract is to repair an existing 8-inch wastewater line near Montclair Avenue and Park Place. In recent weeks, the noted 40-year-old concrete wastewater line has deteriorated and caved-in causing a sewer stoppage. Water Services Staff has been able to temporarily unblock the line and maintain temporary service. The subject repair contract would involve pipe bursting 380 linear feet of wastewater pipe and installing a 6-inch diameter wastewater line due to existing constraints. Elliott Construction was the lowest responsible bidder at $116,900.00. Budget & Financial Summary: Wastewater Operating funds are budgeted and available for this repair contract. Attachments: 1. Location Map 2. Constrution Contract (Available in City Secretary's Office) Page 367 of 506 $1 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2 !!2 !!2 FIDELITY STHIGHLANDS ST LUTHER STM ONTCLAIR AV FAIRVIEW AV PARK PLACE8" 6" 6" 6" 6"6"6"8" 8"8"8" 8"6"6"6" 6" 8"8"6"8"8"6" N0200100Feet City of College Station Location Map Existing 8 Inch Wastewater Line Page 368 of 506 8-Inch Wastewater Line Repair – Montclair Avenue and Park Place Construction Contract (Available in City Secretary’s Office) Page 369 of 506 August 24, 2023 Item No. 7.1. Presentation regarding the Texas Independence Ballpark Project Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding the Texas Independence Ballpark Project. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends the Council discuss this item and provide direction to staff, if desired. Summary: Presentation and update regarding the Texas Independence Ballpark Project. Budget & Financial Summary: Attachments: None Page 370 of 506 August 24, 2023 Item No. 8.1. Tax Rate Public Hearing Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Public Hearing, presentation, discussion, and possible action on the City of College Station 2024 advertised ad valorem tax rate of $0.513086 per $100 valuation, resulting in an increase in tax revenues. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Hold public hearing and receive citizen input on the tax rate. Summary: The governing body of a taxing unit may not adopt a tax rate that exceeds the lower of the voter-approval rate or the no-new revenue tax rate until the governing body has held a public hearing on the proposed tax rate. The tax rate that the City Council announced it would hold a public hearings on is $0.513086 per $100 assessed valuation. This is a decrease in the tax rate from the 2023 tax rate of ($0.011527). The notice of this public hearing was placed in the Eagle, as well as on the City's internet site, and the City's television channel. The City Council will vote on the tax rate on Thursday August 24 at 6:00 PM. Budget & Financial Summary: The public hearing tax rate of $0.513086 per $100 assessed valuation will generate $70,457,181 in taxes. The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. Attachments: None Page 371 of 506 August 24, 2023 Item No. 8.2. Budget Adoption Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on an ordinance adopting the City of College Station 2023-2024 Budget; and presentation, discussion, and possible action ratifying the property tax revenue increase reflected in the budget. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends the City Council approve the ordinance adopting the proposed 2023-2024 budget with any changes the Council wishes to include. A summary of changes the City Council has discussed will be presented to the Council for consideration. Staff also recommends the City Council ratify the property tax revenue increase reflected in the budget. Summary: There are two actions in this agenda item. First is the consideration of the 2023 - 2024 proposed budget. The City Council received the proposed budget on July 11, 2023 and held budget workshops on July 17th and July 18th. The City Council held a public hearing on the proposed budget on July 27th. The charter requires that the City Council adopt a budget no later than September 27th. The City Council will need to include any proposed revisions to the budget in the motion to adopt the budget. The second action is ratification of the property tax revenue increase reflected in the budget. This action is required due to recently enacted legislation. House Bill 3195 amends the local government code to say the following: "(c) Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate as required by Chapter 26, Tax Code, or other law." The proposed budget will result in additional property tax revenues over last year of approximately $9,791,870. Page 372 of 506 The proposed tax rate is $0.513086 per $100 assessed valuation, which is a ($0.011527) decrease from the FY23 tax rate. Budget & Financial Summary: The following is an overall summary of the proposed budget with workshop revisions. Subtotal Operation and Maintenance: $357,068,355 Subtotal Capital: 134,945,416 Total Proposed Budget: $492,013,771 Attachments: 1. Budget Ordinance FY23-24 Page 373 of 506 ORDINANCE NO. ________________ AN ORDINANCE ADOPTING A BUDGET FOR THE 2023-2024 FISCAL YEAR AND AUTHORIZING EXPENDITURES AS THEREIN PROVIDED. WHEREAS, a proposed budget for the fiscal year October 1, 2023, to September 30, 2024, was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the Charter of the City of College Station, Texas, notice of said hearing having first been duly given; and WHEREAS, the City Council has reviewed and amended the proposed budget and changes as approved by the City Council have been identified and their effect included in the budget; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the proposed budget as amended by the City Council of the City of College Station, which is made a part hereof to the same extent as if set forth at length herein, is hereby adopted and approved, a copy of which is on file in the Office of the City Secretary in College Station, Texas. PART 2: That authorization is hereby granted for the expenditure of the same under the respective items contained in said budget with the approved fiscal and budgetary policy statements of the City. PART 3: The governing body, the City Council, has authorized the City Manager, through the budget ordinance, to assign fund balance. Assignments, unlike commitments, are not permanent and a formal action is not required for the removal of an assignment. Finally, assignments may not result in a deficit in Unassigned Fund Balance. Assigned Fund Balance includes amounts that are constrained by the government’s intent to be used for specific purposes but are neither restricted nor committed. PART 4: That the City Manager and his authorized and designated employees, at his discretion, be, and are hereby authorized to approve and execute contracts and documents authorizing the payment of funds and to expend public funds for expenditures that are $100,000 or less; to exercise, approve and execute all contract renewal options for approved contracts, subject to and contingent upon appropriation of sufficient budgeted funds by the City, to approve and execute change orders authorizing the expenditure of funds pursuant to the TEXAS LOCAL GOVERNMENT CODE or as provided in the original contract document or in accordance with the applicable Finance administrative procedure. The intent of this section is to provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. Page 374 of 506 Budget Ordinance FY 23-24 Page 2 of 3 PART 5: That the City Manager and his authorized and designated employees, at his discretion, be, and are hereby, authorized to provide for transfers of any unexpended or unencumbered appropriation balance within each of the various departments and within any other fund of the City. PART 6: That the City Council hereby approves the funding and the purchases that are made pursuant to interlocal agreements as provided by CHAPTER 271, SUBCHAPTERS (D) AND (F) of the TEXAS LOCAL GOVERNMENT CODE in this budget and authorizes the City Manager and his authorized and designated employees, at his discretion, to approve and execute contracts and documents authorizing the payment of funds, and to expend public funds that have been expressly designated, approved, and appropriated in this budget for new and replacement equipment as set out in the 2023-24 Fiscal Year Fleet and Equipment Replacement Funds, and technology related hardware and software as set out in Attachment “A” to this Ordinance. PART 7: That the City Manager and his authorized and designated employees, at his discretion, be, and are hereby authorized to approve and execute contracts and documents authorizing the payment of funds and to expend public funds for expenditures that are $100,000 or less; to exercise, approve and execute all contract renewal options for any approved contracts, subject to and contingent upon appropriation of sufficient budgeted funds by the City, to approve and execute change orders authorizing the expenditure of funds pursuant to the TEXAS LOCAL GOVERNMENT CODE or as provided in the original contract document or in accordance with the applicable Finance administrative procedure. The intent of this section is to provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. PART 8: That this ordinance shall become effective immediately after passage and approval. PASSED AND APPROVED THIS 24th DAY OF AUGUST, 2023. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 375 of 506 Budget Ordinance FY 23-24 Page 3 of 3 ATTACHMENT A TECHNOLOGY RELATED HARDWARE AND SOFTWARE Page 376 of 506 Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal agreements as provided by Chapter 271, Subchapters (D) and (F) of the Texas Local Government Code. Estimated Avg.Projected ITEM Quantity Unit Cost Total Scheduled Replacement/Repair/Additions Replacement Computers 225 2,200 495,000 Replacement Scanners 13,000 Printer replacement Parts 3,000 PC Replacement Parts (Video Cards, Hard Drive & Memory)5,000 Replacement Public Safety Mobile Data Terminals 60 6,000 360,000 Replace single server 3 15,000 45,000 Server replacement parts 10,000 Server OS replacement/upgrade 40,000 SQL Std 8 8,500 68,000 Replacement UPS battery/units 109,400 Estimated Additional Desktop Software 35,000 Includes but not limited to New & Upgrade versions of Adobe Acrobat, PageMaker, Photoshop Illustrator, Premier, Audition, Project, Visio, Vstudio.net, AutoCAD, Crystal, Corel Draw Computer Network Maint. and Equipment Replacement 40,000 Motorola Radio Repair/Replacement 37,000 Telephone Repair/Replacement 20,000 Fiber ring expansion 225,000 Subtotal - Scheduled Replacement 1,505,400 Service Level Adjustments Rubrik 200,117 Host Servers (2)108,000 Aerial Imagery 162,500 Subtotal - Service Level Adjustments 470,617 Unscheduled Replacements/Additions Estimated Additional Computer setups 75 1,800 135,000 not identified specifically in budget includes but not limited to: Monitor, network card, extended warranty, added memory Estimated Standard Desktop Software 20,000 not identified specifically in budget Includes but not limited to: Microsoft Office , Trend, Microsoft Windows client access license, Novell ZenWorks Estimated Additional Desktop Software 20,000 Includes but not limited to New & Upgrade versions of Adobe Acrobat, PageMaker, Photoshop Illustrator, Premier, Audition Project, Visio, Vstudio.net AutoCAD, Crystal Corel Draw, Cognos Estimated Additional Printers/Plotters 12,000 Estimated Computer misc. parts 10,000 includes: hard drives, network cards, Budget Ordinance FY 23-24 1 Page 377 of 506 Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal agreements as provided by Chapter 271, Subchapters (D) and (F) of the Texas Local Government Code. Estimated Avg.Projected ITEM Quantity Unit Cost Total network cards, network cables Estimated Monitor upgrades 12,500 includes: larger than standard Estimated Additional Scanners 20 800 16,000 Estimated Additional Mobile Devices/ Toughbook, laptops, tablets 65 1,800 117,000 Estimated Network Upgrades 20,000 Estimated Motorola Radio Repair/Replacement 10,000 Sub-Total Unscheduled Replacement/Additions 372,500 Phone System Maintenance Cisco_SmartNet Maintenance 68,000 Subtotal - Phone System Maintenance 68,000 Network Software on Master License Agreement (MLA) Microsoft Enterprise Agreement 100,000 Added M365 additional licenses and services 230,000 Solarwinds 15,000 Rubrik 86,300 VMWARE support through VMWare 38 1,400 53,200 Vcenter Support 2 1,499 2,998 City Works Premium License 110,250 Faster Maintenance 18,000 CTWP Copiers 52,300 UBEO Plotters 17,300 Subtotal - Network Software on MLA 685,348 PC Hardware and Software Maintenance/Subscriptions HP Printer/Plotter Maintenance 1,500 AutoCAD 17,000 Adobe Creative Suite 15,000 Barracuda Spam/Spyware 33,000 Firewall Maintenance 97,000 Aruba Maintenance 7,000 Everbridge Paging Subscription 42,500 Siemens Access Control System 32,000 Subtotal - PC Software Maintenance 245,000 IBM Hardware and Software Maintenance Hardware Maintenance (2 power 7's)15,000 Power 7 Software Subscription and Support 2 9,000 18,000 Subtotal - IBM Hardware and Software Maintenance 33,000 Grand Total 3,379,865 Budget Ordinance FY 23-24 2 Page 378 of 506 August 24, 2023 Item No. 8.3. Tax Rate Adoption Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on an ordinance adopting the City of College Station 2023-2024 ad valorem tax rate of $0.513086 per $100 assessed valuation, the debt service portion being $0.211442 per $100 assessed valuation and the operations and maintenance portion being $0.301644 per $100 assessed valuation. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends Council adopt the tax rate of $0.513086 per $100 assessed valuation. Summary: On August 10th, the City Council discussed the tax rate and called a public hearing on a tax rate of $0.513086. This rate is a $(0.011527) decrease compared to the current tax rate. The tax rate must be adopted as two separate components – one for Operations and Maintenance and one for Debt Service. $0.301644 O&M $0.211442 Debt Service $0.513086 Total Tax Rate This is the tax rate that was used to prepare the proposed budget. If the City Council adopts a tax rate lower than the proposed rate, the budget will have to be amended and reduced. Current Tax Rate: $0.524613 No New Revenue Tax Rate: $0.455159 Voter Approved Tax Rate: $0.513086 Proposed Tax Rate: $0.513086 Budget & Financial Summary: The proposed tax rate of $0.513086 per $100 assessed valuation will generate approximately $70.5 million. The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. Attachments: 1. Ad Valorem Tax Ord FY 23-24 Page 379 of 506 Page 380 of 506 ORDINANCE NO. ____________________ AN ORDINANCE LEVYING THE AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF COLLEGE STATION, TEXAS, AND PROVIDING FOR THE GENERAL DEBT SERVICE FUND FOR THE YEAR 2023-24 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION I.That there is hereby levied and there shall be collected for the use and support of the municipal government of the City of College Station, Texas, and to provide General Debt Service for the 2023-24 fiscal year upon all property, real, personal and mixed within the corporate limits of said city subject to taxation, a tax of fifty-one and thirty hundredths and eighty- six thousand cents ($0.513086) on each one hundred dollar ($100.00) valuation of property, and said tax being so levied and apportioned to the specific purpose herein set forth: 1.For the maintenance and support of the general government (General Fund), thirty and sixteen hundred and forty-four thousand cents ($0.301644) on each one-hundred-dollar ($100.00) valuation of property; and 2.For the general obligation debt service (Debt Service Fund), is twenty-one and fourteen hundred and forty-two thousand cents ($0.211442) on each one hundred dollars ($100.00) valuation of property to be used for principal and interest payments on bonds and other obligations of the fund. SECTION II. All moneys collected under this ordinance for the specific items therein named, shall be and the same are hereby appropriated and set apart for the specific purpose indicated in each item and the Assessor and Collector of Taxes and the Chief Financial Officer shall keep these accounts so as to readily and distinctly show the amount collected, the amounts expended and the amount on hand at any time, belonging to such funds. It is hereby made the duty of the Tax Assessor and Collector to deliver a statement at the time of depositing any money, showing from what source such taxes were received and to what account (General Fund or General Debt Service Fund) the funds were deposited. Page 381 of 506 Ad Valorem Tax Ordinance FY 23-24 Page 2 of 2 SECTION III. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. SECTION IV. That this ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24th DAY OF AUGUST, 2023. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 382 of 506 August 24, 2023 Item No. 8.4. Fee Resolution Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a resolution adopting fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance”, Division 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends the City Council approve the resolution adopting the Fees, Rates and Charges for Fiscal Year 2024. Summary: All fees, rates and charges in the Code of Ordinances are adopted by resolution of the City Council as provided in Sec. 2-117 of the Code. Each year with the budget the Council adopts a new resolution to keep the fees, rates, and charges current. Budget & Financial Summary: Detail of revenue history and budget estimates by major fund can be found in the Fiscal Year 2024 budget document at Appendix D. Attachments: 1. FY 23-24 Fee Resolution - Final 8-24-23 Page 383 of 506 RESOLUTION NO.________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS (CITY), ESTABLISHING THE FEES, RATES AND CHARGES AS AUTHORIZED IN CHAPTER 2 “ADMINISTRATION”, ART. V. “FINANCE”, DIV. 2 “FEES, RATES AND CHARGES” OF THE CODE OF ORDINANCES; AND REPEALING PRIOR FEES, RATES AND CHARGES FOUND RESOLUTIONS AND AMENDMENTS. WHEREAS, the Code of Ordinances, City of College Station, Texas contains substantially all ordinances compiled, adopted and approved by the College Station City Council; and WHEREAS, Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas requires all fees, rates and charges be adopted by resolution; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council has approved, authorized and established the fees, rates and charges as provided by Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas, and as shown in Exhibit A, “Fees, Rates and Charges”. PART 2: That reference to a Chapter, Article, Division or Section in Exhibit A, “Fees, Rates and Charges” shall be considered a reference to the same Chapter, Article, Division or Section from the Code of Ordinances, City of College Station, Texas. PART 3:That the City Council hereby repeals all prior resolutions and amendments establishing any fees, rates or charges as are established in Exhibit A, “Fees, Rates and Charges”. PART 4:That this resolution shall become effective immediately after passage and approval. ADOPTED this 24th day of August, 2023. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 384 of 506 Resolution No._________Page 2 of 53 August 24, 2023 EXHIBIT A FEES, RATES AND CHARGES CHAPTER 2: ADMINISTRATION 1. Article V. Finance Division 2. Fees, Rates and Charges a. Sec. 2-118. Service fees. i.Service fees established. 1.The fee for a payment by a card for a fee, fine, court cost, or other charge shall be set as $3.00 per transaction. 2.Returned check fee to pay any amount - $25.00 3.Credit Card Charge Back Fee - $25.00 4.Notary Public fee per document - $6.00 b. Sec. 2-119. Police Department Services. i.Police Escorts. $50.00 per hour per each officer. ii.Livestock Permit Fee. – $35.00 c. Sec. 2-120. Fire Department Services i.Requests for incident reports prepared by the Fire Department. ii.Mileage charges for Fire Department services outside the City limits will be in accordance with the IRS Standard Mileage Rates and may change from time to time. All tests conducted outside the city limits shall be charged at this rate times 1.5 plus mileage plus $20.00 for travel time. iii.Fire Department inspections of day care centers. - $50.00 iv.Fire Department inspections of foster homes. - $30.00 v.Fire Department inspections of nursing home facilities. - $150.00 vi.Fire Department inspections of health care facilities. - $150.00 vii.Alternative Fire Suppression Systems - $100 viii.Addition of a controlled access system tested that are tied into the fire alarm systems - $100 ix.Fire Department inspections of automatic fire alarm systems. $100.00 for up to 25 devices. Additional devices after are $2.00 per device. Any additional inspections are $75.00 per hour with a 2-hour minimum paid in advance. Multi-story buildings floors 1-4 are included. Any additional floors above 4 are permitted per floor. Multi-building complexes will be permitted per building up to 4 floors. x.Fire Department testing of underground fire lines. - $150.00 xi.Fuel tank testing performed by the Fire Department. - $100.00 xii.Fuel line leak testing performed by the Fire Department. - $100.00 xiii.Fire sprinkler system testing performed by the Fire Department. $125.00 for up to 100 heads. Additional heads after 100 are $1.00 per head. Any additional inspection on the same system is $125.00 per inspection. Multi-story buildings floors 1-4 are included. Any additional floors above 4 are permitted per floor. Multi-building complexes are permitted per building up to 4 floors. Page 385 of 506 Resolution No._________Page 3 of 53 August 24, 2023 xiv.Fire Department inspections of a hospital- $250.00 xv.Annual life safety inspections, after the second re-inspection a $150 re-inspection fee will be assessed on each inspection thereafter. xvi.Fire Department Burn Permit Fee – Ten Day Commercial Burn Permit $500.00 and Ten Day Residential Burn Permit - $50.00 xvii.Fire Department after hours (after hours means anytime other than Monday – Friday 8 AM – 5 PM) inspection - $75.00 per hour, per inspector with a two- hour minimum charge. xviii.Fire Department Stand by for special events $50 per hour per person (2 person minimum) xix.The provision of emergency medical services basic life support (BLS) with transportation. - $1,200.00 base fee plus $19.00 per loaded mile xx.The provision of emergency medical services advanced life support (ALS1) with transportation. - $1,400.00 base fee plus $19.00 per loaded mile xxi.The provision of emergency medical services advanced life support, level 2 (ALS2) with transportation. - $1,650.00 base fee plus $19.00 per loaded mile xxii.The provision of emergency medical services specialty care transport (SCT) from one medical facility to another medical facility. - $1,700.00 base fee plus $19.00 per loaded mile xxiii.The provision of fire and emergency medical services for non-residents without transportation. - $250.00 xxiv.Administrative fees and reimbursement fees for supplies and medications. 1.The provision of BLS, ALS1 or ALS2 services with transportation when oxygen is used shall be charged a $130.00 supply fee to cover oxygen costs. 2.The provision of BLS services with transportation shall be charged a $200.00 supply fee to cover single patient use items. 3.The provision of ALS1 or ALS2 services with transportation shall be charged a $400.00 supply fee to cover single patient use items. xxv.Hazardous Materials incidents 1.Level I response - Claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up, and command. $300 per hour with a 1-hour minimum plus consumables at market value. 2.Level II response - Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, Level A or B suit donning, breathing air and detection equipment. Set-up and removal of decontamination center. $600 per hour with a 2-hour minimum plus consumables at market value. xxvi.Mobile Food Vendor Permit. -$100.00 xxvii.Hot Work Permit. - $100.00 xxviii.Emergency Access Gate Permit. -$50.00 Page 386 of 506 Resolution No._________Page 4 of 53 August 24, 2023 d. Sec. 2-122. Planning and Development Services Department. The development application and permit fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. i.Building permit fees for structures requiring a building permit: 1.Building Permit Fee Schedule RESIDENTIAL Single-Family or Duplex Permits Permit Types Permit Fee New Single-Family or Duplex Building $0.70 per square foot Accessory: Living Quarters or Pool House $0.70 per square foot; $119 minimum Accessory: All Other $0.52 per square foot; $59 minimum Mechanical Change-Outs $90 Mechanical Permit $51 minimum for the first 1,000 square feet of building area plus $0.03 per square foot over 1,000 square feet Remodel or Addition $0.70 per square foot; $119 minimum Re-Roof $89 Multi-Family Permits Permit Types Permit Fee New Multi-Family Building $0.43 per square foot Accessory: All Other $0.52 per square foot; $59 minimum Mechanical Change-Outs $90 Mechanical Permit $51 minimum for the first 1,000 square feet of building area plus $0.03 per square foot over 1,000 square feet Remodel or Addition $0.43 per square foot; $119 minimum Re-Roof $178 COMMERCIAL PERMITS Commercial Permit Types Permit Fee New Commercial Building Permit Fee Schedule Remodel, Addition, or Accessory Permit Fee Schedule Page 387 of 506 Resolution No._________Page 5 of 53 August 24, 2023 PERMIT FEE SCHEDULE Estimated Building Construction Valuation Permit Fee $0 to $50,000 $38 for the first $1,000 valuation plus $6.30 for each additional $1,000 valuation, or fraction thereof, up to $50,000 valuation $50,001 to $100,000 $347 for the first $50,000 valuation plus $5.05 for each additional $1,000 valuation, or fraction thereof, up to $100,000 valuation $100,001 to $500,000 $600 for the first $100,000 valuation plus $3.75 for each additional $1,000 valuation, or fraction thereof, up to $500,000 valuation $500,001 and up $2,116 for the first $500,000 valuation plus $2.55 for each additional $1,000 valuation thereafter MISCELLANEOUS PERMITS Mechanical and Mechanical Change-Outs $38 minimum for the first $1,000 valuation, plus $6.30 for each additional $1,000 valuation, or fraction thereof Mechanical Vent Hood $89 Mechanical Walk-In Cooler $89 Re-Roof Permit $178 Window Replacements Permit Fee Schedule $119 Minimum Banner Permit $265 Construction Board of Adjustments $644 Contractor Registration $76 Demolition Permit $63 Driveway Permit $63 Electrical Permit $51 minimum for the first 1,000 square feet of building area plus $0.03 per square foot over 1,000 square feet Electrical Repair or Alteration $51 Inspections After Hours (anytime other than M-F, 8-5)$93 Irrigation Permit $38 Page 388 of 506 Resolution No._________Page 6 of 53 August 24, 2023 Planning and Development Services Fees as Authorized by Appendix A-12-3.2- C-3. Location Permit $63 Moving Permit $126 Plumbing Permit Base Fee $38 Plumbing Fixtures (includes sinks, lavatories, water heaters, tubs, showers, urinals, water closets, bidets, drinking fountains, floor drains, dishwashers, oil/sand traps, link traps, grease traps, machines, etc.) $6.30 Sewer Line (new or replacement)$6.30 Water Line (new or replacement)$6.30 Plumbing Gas Permit Base Fee $38 Gas Piping (up to four gas outlets)$6.30 Gas Piping (each gas outlet over four)$1.25 Pool Permit Permit Fee Schedule Portable Storage Container Permit $63 Reinspection (applies to all inspections) $124 Sign Permit (includes Grand Opening; excludes Banners) $192 Solar Panels – Residential $652 Solar Panels – Commercial $771 Tank Permit (fuel and water tanks, fuel dispensing systems)Permit Fee Schedule Temporary Power Pole:College Station Utilities (includes connection) $95 Temporary Power Pole: Bryan Texas Utilities $38 Temporary Power Pole: Entergy $38 Tent Permit Permit Fee Schedule Window Replacements (Residential) $119 Abandonment – Easement or ROW $947 Administrative Adjustment $126 Page 389 of 506 Resolution No._________Page 7 of 53 August 24, 2023 Alternative Parking Plan $126 Comprehensive Plan Amendment $1,566 Conditional Use Permit $1,566 Design Review Board $480 Development Permit/Public Infrastructure Review and Inspection Fee 1.85% of infrastructure cost ($758 minimum) Final Plat or Development Plat $1,250 Final plat (minor or amending) $947 Waiver or Variance – Subdivision Regulations $316 Non-Residential Architectural (NRA) $480 Preliminary Plan $1,250 Reinspection (applies to all inspection types) $124 Rezoning (Including PDD and P-MUD) $1,566 PDD Amendment - P&Z and Council Review $429 PDD Amendment - Staff Review Only $240 Site Plan $1,250 Minor Site Plan $480 Written Interpretation $152 Zoning Board of Adjustment $480 Zoning Letter $126 Page 390 of 506 Resolution No._________Page 8 of 53 August 24, 2023 FEES, CHARGES AND RATES NOT LISTED IN FINANCE SECTION OF CODE OF ORDINANCES: CHAPTER 6: ANIMALS 1. Article I. In General a. Sec. 6-116(1). Requirements for owner of a dangerous dog. i.Registration. Register the dangerous dog with the Animal Control Authority and pay an annual registration fee of $500.00 for the first year and a $250.00 re- registration fee thereafter unless such dog has violated one or more provisions of this chapter during the previous year, in which case an annual renewal registration fee of $500.00 shall be assessed as established in Section 2-117. b. Sec. 6-150(c). Rabbits. i.Permit requirements. The following is required to be issued a permit for keeping of rabbits in a single-family residential zone: payment of a fee as may be established in Section 2-117. - $35.00 c. Sec. 6-151(c). Ferrets. i.Permit requirements. The following is required to be issued a permit for ferrets: payment of a fee as may be established in Section 2-117. - $35.00 Page 391 of 506 Resolution No._________Page 9 of 53 August 24, 2023 CHAPTER 8: BUSINESSES 1. Article III. Credit Access Businesses Division 2. Registration a. Sec. 8-81. Required. i.A person commits an offense if the person acts, operates, or conducts businesses as a credit access business without a valid certificate of registration. A certificate of registration is required for each physically separate credit access business. A fee of $50.00, which may be amended from time to time by resolution or ordinance is established for each physically separate credit access business within the City limits. 2. Article IV. Gravediggers Division 2. License a. Sec. 8-145. Gravediggers. i.A person who seeks a license hereunder shall apply to the City Secretary on a form furnished for such purpose. Upon meeting the qualifications and requirements of this division, such person shall be issued a license by the City Secretary. Each new applicant shall pay an application fee of $100.00. Each licensee must pay a yearly renewal fee of $25.00. All yearly fees and proof of insurance are due by March 15. A license shall be effective for a period of one year from the date of issuance or until the set renewal date of March 15. 3. Article V. Home Solicitation Division 2. Home Solicitor Registration a. Sec. 8-210(b). Application; fee; expiration; non-transferability; material changes. i.Application filed under this section must be accompanied by a nonrefundable registration fee of $50.00. ii.Renewal Application filed under this section must be accompanied by a nonrefundable registration fee of $25.00. iii.Identification badge fee - $10.00. b. Sec. 8-211(d). Issuance, denial, and display of registration; identification badge. i.If a City-issued home solicitor's identification badge is lost, mutilated, or destroyed, the City Manager or designee shall issue the registrant a duplicate identification badge upon payment of a $10.00 duplicate badge fee. Division 3. Itinerant Vendor Permit a. Sec. 8-235(d). Required; application. ii.An application for an I-Vendor permit shall be accompanied by a fee of $63.00 Page 392 of 506 Resolution No._________Page 10 of 53 August 24, 2023 4. Article VI. Carnivals, Circuses, Menageries, Sideshows, Concessions, and Special Events Division 2. Permit a. Sec. 8-296. Fees. i.Application. The applicant shall pay a nonrefundable application fee established in Section 2-117 upon submission of an application to the City. The application fee may be waived for a nonprofit association holding an event. The application fee shall not be waived for any event involving alcohol sales and/or consumption. - $253.00 ii.Re-inspection fee. If the event is not operated on consecutive calendar days, the City shall re-inspect the premises as provided herein. A re-inspection fee of $63.00 shall be paid by the applicant to the City to cover the cost of each re- inspection. 5. Article VII. Secondhand Dealers Division 2. Permit a. Sec. 8-361(a). Issuance, fee. i.Upon receipt of the application, the City Accounts Receivable Fiscal Services Department shall issue a permit upon the payment of a fee established by the City Council in Section 2-117; provided, however, no permit shall be issued to any applicant who has been found guilty of a criminal offense against property defined in Texas Penal Code title 7 (Texas Penal Code ch. 28 et seq.) by a court of competent jurisdiction within the preceding five years. Permits issued hereunder shall be valid for a period of one year from the date of issuance thereof. 6. Article VIII. Mobile Food Vendors Division 2. Permit a. Sec. 8-418. Permit fee. i.The application fee for a mobile food vendor permit shall be $632.00. Each mobile food vendor unit shall be permitted separately. Mobile food vendor permits shall be valid for one year from the date of permit issuance. ii.Upon renewal, the applicant must provide a new complete application, payment of a $316.00 renewal fee, and new permitting documentation. The applicant must submit the application and renewal fee within 30 days after expiration of the permit or must reapply as a new applicant. iii.The application fee for a concession cart shall be $316.00 for initial application, and a renewal fee of $126.00 Page 393 of 506 Resolution No._________Page 11 of 53 August 24, 2023 7. Article IX. Northgate Outdoor Dining and Entertainment Division 2. Permit a. Sec. 8-475. Application fee. i.Applicants for peak period must pay a non-refundable permit application fee of $442.00 plus $2.55 per square foot of permitted area when the original permit application is submitted to the City and a non-refundable permit application fee of $221.00 plus $2.55 per square foot of permitted area for an annual renewal. Non- peak period only permits shall not be assessed a permit fee. b. Sec. 8-476(b). Amended Application. i.The applicant must pay a non-refundable amended permit application fee of $221.00 plus $2.55 per square foot when the amended permit application is submitted to the City. 8. Article XI. Taxicabs Division 2. Service License a. Sec. 8-588(c). Application. i.Each application shall be accompanied by a non-refundable license fee of $50.00 per taxicab license service to defray the expense of carrying out the provisions of this section. Division 3. Driver Permit b. Sec. 8-619(b). Fee generally; issuance; term. i.The annual fee for driver’s permits issued prior to June 30 shall be $10.00. Fees for permits issued on June 30 or there after shall be $5.00. No portion of the fee shall be refunded in the event the permit is terminated prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. c. Sec. 8-620. Term; expiration; renewal. i.The term of all permits shall be for not more than one year with expiration on December 31. Renewals shall be applied for in the same manner as specified for the original permit. Renewal permits may be issued during the month of December for expiration on December 31 of the following year. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. Division 4. Vehicle Permit d. Sec. 8-650. Fees. i.The annual fee for vehicle permits issued prior to June 30 shall be $10.00. Fees for permits issued on June 30 or there after shall be $5.00. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit Page 394 of 506 Resolution No._________Page 12 of 53 August 24, 2023 documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. ii.The annual fee for vehicle permits issued prior to June 30 shall be established in Section 2-117. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a fee established in Section 2-117. $50.00 e. Sec. 8-654. Reinstatement of suspended permit; fee. i.Vehicle permits suspended because of failure to comply with the requirements of Section 8-649(b) may be reinstated as soon as the vehicle is brought back into compliance with Section 8-649(b). Application for such reinstatement shall be made in writing to the City on the form provided by the City. The non-proratable fee for such reinstatement shall be $5.00. 9. Article XII. Pedicabs Division 2. License and Permit Subdivision II. License a. Sec. 8-742. License fee. i.Each application must be accompanied by a non-refundable license fee $50.00. Subdivision III. Permit b. Sec. 8-774(c). Pedicab Permits. i.Fees. The annual fee for pedicab permits issued prior to June 30th shall be $10.00. Fees for permits issued on June 30th or there after shall be $5.00. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. c. Sec. 8-775(d). Revocation and suspension of pedicab permit. i.Reinstatement of suspended permit and fee. Pedicab permits suspended because of failure to comply with the requirements of this article may be reinstated as soon as the pedicab is brought back into compliance. Application for such reinstatement shall be made in writing to the City on the form provided by the City. The fee for reinstatement shall be $5.00. Division 3. Driver Permit d. Sec. 8-806. Fee. i.The fee for driver permits issued prior to June 30th shall be $10.00. Fees for permits issued on June 30th or there after shall be $5.00. No portion of the fee shall be refunded in the event the permit is terminated prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. Page 395 of 506 Resolution No._________Page 13 of 53 August 24, 2023 10. Article XIII. Shared Micromobility a. Sec. 8-824. Fees and Costs. i.Permit Application Annual Fee. $889.00. ii.Permit Renewal Fee. $445.00. iii.Removal, Impoundment, and/or Relocation Fee. A shared mobility operator shall be assessed a $148.00 for each bike removed, impounded, or relocated. iv.Abandonment Fee. Escrow balance to remain with the City for continued operations $5,300.00 Page 396 of 506 Resolution No._________Page 14 of 53 August 24, 2023 CHAPTER 10: CEMETERIES 1. Article II. City Owned or Maintained Cemeteries a. Sec. 10-25(e). Purchase options. i. Price. The price of all spaces in the City cemeteries shall be established As: CEMETERY FEES FY 2023 1. College Station Cemetery: Standard Space $1,750 Cremate Space $440 Infant Space $220 2. Memorial Cemetery of College Station: Municipal Section: Standard Space $1,750 Columbaria Niche (Single / Double)$825 / $1445 Infant Space $220 Aggie Field of Honor: Standard Space $3,250 Columbaria Niche (Single / Double)$1,650 / $3000 3. Grave Opening and Closing Fee $150 4. Mark the Grave and Set the Monument $100 5. Memorial Bench Set Fee $100 6. Cemetery Deed Filing Fee Up to $34 Page 397 of 506 Resolution No._________Page 15 of 53 August 24, 2023 CHAPTER 12: EMERGENCY MANAGEMENT AND EMERGENCY SERVICES 1. Article III. Ambulances Division 2. Permit a. Sec. 12-79(a). Permit fees, conditions and renewal. i.The fee for the permit required in Section 12-77 shall be $500.00 per company and $150.00 per ambulance, and all permits issued under this division shall terminate on December 31 of each year. Such permits may be renewed by paying the permit fee and submitting proof of current Texas Department of Health Services license and liability requirements as provided in section 12-78, and other documentation required by the EMS Chief. 2. Article IV. Alarm Systems a. Sec. 12-113(b). False alarms. i.An alarm user or subscriber shall be allowed three false alarms in a preceding 12- month period without penalty. After this, a user or subscriber shall be assessed a fine fee based on the following schedule established in Section 2-117. ii.Police Department Number of False Alarms Fine 1.1—3 false alarms $0.00 2.4—5 false alarms $50.00 for each false alarm 3.6—7 false alarms $75.00 for false alarm 4.8 or more false alarms $100.00 for each false alarm iii.Fire Department Number of False Alarms 1.1—3 false alarms $0.00 2.4—5 false alarms $85.00 for each false alarm 3.6—7 false alarms $110.50 for false alarm 4.8 or more false alarms $145.00 for each false alarm Page 398 of 506 Resolution No._________Page 16 of 53 August 24, 2023 CHAPTER 14: ENVIRONMENT AND NATURAL RESOURCES 1. Article II. Oil and Gas Division 2. Production Permits Subdivision I. In General a. Sec. 14-58. Permit application generally. i.A permit application shall include Application fee as set by Council resolution established in Section 2-117. b. Sec. 14-67(b). Permit period and renewal. i.The operator will submit an application form for a renewal permit no later than 30 days before the expiration of the operator's permit, and indicate in the application what changes are requested at the oil or gas operations site. An inspection and renewal fee established in Section 2-117 shall be paid at the time of reapplication. The operator recognizes the reclassification of a permit from rural to urban may occur due to adjacent development. $7,654.00 ii.Application requirements. Renewal applications shall include any of the following items which have changed since the original permit application, which shall be current and updated, as applicable, to cover the renewal period: 1.Renewal application fee as set by Council resolution established in Section 2-117. $2,551.00 Subdivision II. Permit Types and Requirements c. Sec. 14-99(b). Urban permit. i.Notice. Before consideration of an urban permit application by the City Council, the City Engineer shall cause the following notices of public hearing to be issued, at the operator’s expense, no later than two weeks before the regular Council meeting in which the public hearing will be held: 1.Notice of the public hearing shall be published in a newspaper of general circulation in the City. 2.Notice of the public hearing shall be made to all persons with property within 1,000 feet of the proposed oil or gas operations site as shown by the latest Brazos County Appraisal District certified tax rolls, by certified mail, return receipt requested. The operator shall pay the City $5.05 for each such notification letter. No notification letter shall be required for property owners who have signed and acknowledged before a Notary Public the consent form acceptable to the City. d. Sec. 14-100(a). Rural permit. i.Notice. Before final consideration of a rural permit application by the City Engineer, the City Engineer shall cause the following notices to be issued, at the operator’s expense, to provide at least a two-week public comment period before any final action is taken by the City Engineer: Page 399 of 506 Resolution No._________Page 17 of 53 August 24, 2023 1.Notice of the rural permit application shall be published in a newspaper of general circulation in the City; and 2.Notice shall also be made to all persons with property within 1,000 feet of the proposed oil or gas operations site as shown by the latest Brazos County Appraisal District certified tax rolls, by certified mail, return receipt requested. The operator shall pay the City $5.05 for each such notification letter. No notification letter shall be required for property owners who have signed and acknowledged before a Notary Public consent to the proposed oil or gas operations or waiver of the right to receive further notices. e. Sec. 14-101. Seismic survey permit. i.Process. To obtain a permit, the operator must apply to the City, pay the permit fee as established by resolution of the City Council established in Section 2-117, and execute a License Agreement on a form approved by the City Attorney. The City Manager or his/her designee may negotiate and execute the License Agreement on behalf of the City. $6,379.00 Division 3. Other Requirements f. Sec. 14-151(a). Abandonment. i.The operator pays an abandonment fee in an amount set by Council resolution established in Section 2-117. $2,551.00 Page 400 of 506 Resolution No._________Page 18 of 53 August 24, 2023 CHAPTER 16: FIRE PREVENTION AND PROTECTION 1. Article I. In General a. Sec. 16-2(b). Emergency and rescue services. i.Fees shall be collected for services provided within the College Station Fire Department designated response area that includes both inside and outside the City limits. Fees will not exceed the amount expended by the College Station Fire Department. Fire Administration shall collect applicable incident report information that will be forwarded to the College Station Fire Department's authorized agent responsible for collection of any incurred fees. The fees shall be established in Section 2-117. Page 401 of 506 Resolution No._________Page 19 of 53 August 24, 2023 CHAPTER 24: LIBRARIES 1. Ch. 24. Libraries a. Sec. 24-2. Library fines, fees and other charges. i.All collections. $0.25 per day, with a maximum being the replacement cost of the materials (books, paperbacks, phonograph records, audiobooks, cassettes, periodicals and materials from the vertical file). There shall be a five-day grace period for books and paperbacks borrowed from the adult collection. ii.All collections of art prints and sculpture and DVD’s, Blue-rays. $1.00 per day, with a maximum being the cost to replace the item. iii.Lost materials. Charges for lost or irreparably damaged items include the cost of the item plus a $5.00 non-refundable service charge. iv.Damaged materials. Charges are determined by the cataloging department of the library, based on the amount of time spent and materials used in repairing the item. – Cost of the item plus $5.00. v.Replacement of borrower's card. The initial card for County residents is free of charge. A $3.00 fee will be charged to replace a lost card. vi.Non-resident library cards. Library cards will be issued to out-of-County residents for an annual fee of $24.00; such card is valid for one year from the month of purchase. vii.Returned Check Fee is $15.00. viii.Any collection agency fees. Page 402 of 506 Resolution No._________Page 20 of 53 August 24, 2023 CHAPTER 28: MUNICIPAL COURT OF RECORD 1. Ch. 28. Municipal Court of Record a. Sec. 28-1(i). Generally. i.In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of $25.00. The transcript preparation fee does not include the fee for an actual transcript of the proceedings. The Clerk shall note the payment of the fee on the docket of the Court. If the case is reversed on appeal, the fee shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant, pursuant to Texas Government Code §§ 30.00014 and 30.00019. b. Sec. 28-3(b)(3). Juvenile Case Manager / Truancy Prevention & Diversion i.Each defendant convicted of a fine-only misdemeanor offense in the Municipal Court shall pay a Juvenile Case Manager fee of $5.00 as a cost of Court in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a fine- only misdemeanor offense. c. Sec. 28-4(c). Municipal Court building security fund. i.Each defendant convicted of a misdemeanor offense in the Municipal Court shall pay a Municipal Court building security fee of $4.90 as a cost of Court, in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a misdemeanor offense. d. Sec. 28-5(c). Municipal Court technology fund. i.Each defendant convicted of a misdemeanor offense in the Municipal Court of Record shall pay a Municipal Court technology fee of $4.00 in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a misdemeanor offense. e. Sec. 28-6(b). Municipal Court child safety fund. i.Authorization for fund. For every violation of an ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles as allowed by Texas Transportation Code § 542.202 or ch. 682 in the Municipal Court as a cost of Court, $5.00 shall be assessed in addition to any other fines, penalties, or Court costs and shall be collected in the same manner that other fines in the case are collected. f. Sec. 28-5(c). Municipal Jury fee. i.Each defendant convicted of a misdemeanor offense in the Municipal Court of Record shall pay a Municipal Court Jury fee of $.10 in addition to any other fines, Page 403 of 506 Resolution No._________Page 21 of 53 August 24, 2023 penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a misdemeanor offense. g. Sec. 28-5(d). Local Consolidation fee. Courts are permitted to assess a single dollar amount that is then apportioned to various funds by percentages outlined in the Chapter 134 of the Local Government Code. The Local Consolidation Fee is as follows: Page 404 of 506 Resolution No._________Page 22 of 53 August 24, 2023 CHAPTER 32: PARKS AND RECREATION 1. Article II. Public Conduct in Parks and Recreational Areas Division 2. Use Permits a. Sec. 32-62(6). Application procedure. i.Payment of a fee, if any, as may from time to time be established by the City Council by Section 2-117. PARKS & RECREATION DEPARTMENT FY 2023 GENERAL FUND USER FEES Effective October 1, 2022 ATHLETIC FIELDS FY 2023 1. Athletic Field Rental ~ One (1) Field, Per Day (Includes Field Redevelopment Fee of $15)$315 / day 2. Athletic Field Rental ~ One (1) Field, Per Hour (Includes Field Redevelopment Fee of $5)$42 / hour 3. Athletic Field Rental Deposit Varies 4. Lights for Field Rentals (Per Hour/Per Field)$32 / hour 5. Bee Creek Batting Cage Rental, Per Hour N/A 6. Tournament/Event Rate Contact Parks and Recreation for Pricing 7. Key Fee (New Annual Fee and Replacement Fee)$11 each ~ In addition to the rental fees, a deposit will be charged and paid by the renter in advance of any tournament. The deposit will vary depending on the type and size of the tournament. ~ In addition to the rental and deposit fees, additional fees may be assessed to the renter depending on the length and type of tournament in order to cover expenses incurred by the City for personnel and supplies needed to facilitate the tournament. ~ Initial game field prep and light fees are included in the daily rental fee, but not in hourly rental fees. Page 405 of 506 Resolution No._________Page 23 of 53 August 24, 2023 FY 2023 PAVILION RENTAL DAILY RATES Resident Rate Non-Resident Rate 1. Bee Creek (100) / Oaks (40) Pavilions Monday – Thursday $210 $252 Friday – Sunday, and Holidays $263 $315 Deposit $210 $210 2. Central (200) / Bachmann (300) Pavilions Monday – Thursday $315 $378 Friday – Sunday, and Holidays $368 $441 Deposit $210 $210 3. John Crompton Park Pavilion (100) Monday – Thursday $210 $252 Friday – Sunday, and Holidays $263 $315 Deposit $210 $210 4. American Pavilion in Veterans Park (500) Monday – Thursday $368 $440 Friday – Sunday, and Holidays $420 $500 Deposit $210 $210 5. Dog Park Rentals – (Steeplechase Park and University Park) $158 $190 6. Transfer / Cancellation Fee Per Change $21 ~ Deposits are refundable if the facility is left clean, damage-free, and the keys are returned. ~ Deposits are refundable, less the $20 cancellation fee if reservation is cancelled no later than seven (7) days prior to rental date. ~ ( ) – The parenthesis by each pavilion shows the limit of occupants that the pavilion can facilitate. PERMITS & COMMISSIONS FY 2023 1. Vendor Permit $55 2. Alcohol Permit $60 ~ Permit is required when alcohol is served at Lick Creek Nature Center, Lincoln Center, Meyer Community Center, Southwood Center, Wolf Pen Creek and Veterans Park rentals.) 3. Boot Camp Permit (per time slot selected weekly)$11 per month 4. Commissions: (Gross Sales minus Sales Tax) Food & Drinks 10% Other Goods 10% Alcoholic Beverages 20% Page 406 of 506 Resolution No._________Page 24 of 53 August 24, 2023 FY 2023 WOLF PEN CREEK Resident Rate Non Resident Rate 1. Amphitheater Rentals Per Day: Non-Commercial ~ Benefit Rental $1,100 $1,300 Professional/Commercial Rentals $1,600 $1,900 2. Green Room Events ~ per hour, 2 hour minimum Non-Commercial $105 $125 Commercial $126 $152 3. The Plaza at Wolf Pen Creek Rental (Includes Pavilion and Restrooms)$210 $252 4. Festival Site Rental Non-Commercial ~ Benefit Rental $790 $945 Private Commercial Rental $1,100 $1,300 5. Amphitheater & Festival Site Rental Non-Commercial ~ Benefit Rental $1,315 $1,600 Private Commercial Rental $1,850 $2,205 6. Deposit For Green Room, Plaza, or Festival Site $210 For Amphitheater $630 7. Transfer / Cancellation Fee Per Change Per Rental Agreement ~ A percentage of ticketing and fees for service personnel and vending charges will be added accordingly for amphitheater rentals. ~ A percentage of the gate will be negotiated for commercial events. ~ Non-Commercial is defined as: Non-profit, student, civic or private. ~ Security deposits are based upon participants/attendees. Page 407 of 506 Resolution No._________Page 25 of 53 August 24, 2023 PARKS & RECREATION DEPARTMENT FY 2023 REC FUND FEES Effective October 1, 2022 FY 2023 ADULT SPORTS PER TEAM Resident Rate Non-Resident Rate 1. Volleyball (No Field Redevelopment Fee Included)$260 2. Softball (Inc. $50/Team Field Redevelopment Fee)$430 3. Adult Team Sports (NoTeam Field Redevelopment Fee)$430 4. Adult Sports per person fee ($10 Team Field Redevelopment Fee if applicable)$80 5. Ultimate Frisbee (per person)N/A 6. Tennis Lessons Per Person (Moved from Instruction)$95 $110 7. Outside League Field Redevelopment Fee Per Team $100 $120 8. Outside League Per Game Contract Fee $16 $20 9. Transfer/Cancellation/Late Registration Fee $21 Adult sports are registered as a team unless otherwise noted. FY 2023 INSTRUCTION FEES PER PERSON Resident Rate Non-Resident Rate 1. All class fees will be set according to the individual needs of each class and are based upon the City of College Station recovery policy. 2. Instruction Class Transfer / Cancellation Fee $21 Page 408 of 506 Resolution No._________Page 26 of 53 August 24, 2023 FY 2023 YOUTH SPORTS PER CHILD Resident Rate Non-Resident Rate 1. Youth sports without Field Redevelopment fee $84 $100 2. Youth sports with Field Redevelopment fee ($10 per child)$84 $100 3. Outside League Field Redevelopment Fee Per Child ~ All Sports (based on City tier system per season)$17/21/27 $20/26/32 4. Challenger Sports (Basketball, Bowling, Soccer)$16 $19 5. USTA Tennis League $105 $126 6. Tennis Lessons $95 $115 7. Start Smart Sport, Camps & Clinics $37 8. Youth Sports Transfer/Cancellation Fee (Per Child)$21 FY 2023 AQUATICS PROGRAMS Resident Rate Non-Resident Rate 1. Swim Lessons 45-Minute Lesson $53 $63 25-Minute Lesson*$48 $57 2. Stroke Clinic NA NA 3. Water Fitness (Unlimited Pass)$105 4. Swim Team (No Field Redevelopment Fee)$142 (-$10 each sibling) 5. Transfer / Cancellation Fee $21 * Children ages 5 and under attend only a 25-minute lesson. All other lessons are 45 minutes in length. 6. General Admission Per Person (Ages 3 and Up) Hallaran $4 Adamson $7 7. Discount Pass – 25 Swims Hallaran $63 Page 409 of 506 Resolution No._________Page 27 of 53 August 24, 2023 *College Station Pools $126 8. Family Season Pass (Up to Five Family Members) Fee for Additional Members in Excess of Five $32 Per Person Hallaran $263 *College Station Pools $365 9. Individual Season Pass Hallaran $158 *College Station Pools $210 10. Pool Rentals Hallaran: Up to 100 people $263 $315 Adamson: Up to 100 people $394 $468 101 – 300 people $630 $756 301 – 600 people $840 $1010 Deposit (all Pools)$210 $210 11. Pool Parties Per Person – (2 Hour Period) Pavilion Party (Four-table Limit)$21 12. Junior Lifeguard Program Per Person, Per Session $80 13. Lifeguard Training Fee, Per Person $158 14. WSI Class Fee, Per Person $158 (or $210 with Lifeguard) 15. Summer Day Camp (CSISD)Up to 50% res. rate 16. CPR/First Aid Certification Fee, Per Person $80 17. Transfer/Cancellation Fee for Pool Rentals 1/3 of rental fee *College Station Pools passes are valid at all City of College Station pools Page 410 of 506 Resolution No._________Page 28 of 53 August 24, 2023 FY 2023 LINCOLN CENTER Resident Rate Non-Resident Rate Programming 1. After School Program: Youth (17 & Under) (Qualifying Families – low income) $80/sem. $48/sem. $95/sem. $57/sem. Transportation Fee (CSISD to LRC)$48/sem. 2. Summer Program (Per Session)$63 $76 3. Late Pick-up Fee: 1st Fifteen Minutes $6 Each Additional Minute Thereafter $2 4. Membership Pass Adult (18 & over)$16/mo.$19/mo. 5. Non-Member Guest Pass Per Day (Youth or Adult)$4 $6 Facility Rentals 1. Gym Rentals Gold Gym – Deposit $368 $420 Purple Gym – Deposit $368 $420 Gold Gym - Half Court Rental per Hour (4-Hour Maximum)$53/hr.$63/hr. Gold Gym - Full Court Rental per Hour (4-Hour Maximum)$80/hr.$95/hr. Gold Gym - All Day Usage (More than 4 Hours)$473 $568 Purple Gym - Half Court Rental per Hour (4-Hour Maximum)$63/hr.$76/hr. Purple Gym - Full Court Rental per Hour (4-Hour Maximum)$90/hr.$108/hr. Purple Gym - All Day Usage (More than 4 Hours)$483 $580 Concession Usage (Gold Gym)$32 $38 2. Game Room / Multi-purpose Room Rental Deposit $210 Per Hour (4-Hour minimum)$53/hr.$63/hr. 3. Community Room Rental Deposit $263 Page 411 of 506 Resolution No._________Page 29 of 53 August 24, 2023 Per Hour (2-Hour minimum)$80/hr.$95/hr. Kitchen usage fee $37 $42 4. Activity Room Rental (Violet, Orchid, Iris) Deposit $210 Per Hour (2-Hour minimum)$63/hr.$76/hr. 5. W.A. Tarrow Covered Basketball Pavilion (100) Deposit $210 $210 Monday – Thursday $158 $190 Friday – Sunday & Holidays $210 $252 6. Gym or Room Cancellation Fee 1/3 of rental 7. After hour rental charge $32 FY 2023 SOUTHWOOD CENTER Resident Rate Non-Resident Rate Programming 1. Senior Annual Membership Pass $27 $32 2. Non-Member Guest Pass Per Day $3 $4 Facility Rentals 1. Meeting Room Rental, Per Hour, 2 hour minimum $63 $76 Deposit*$210 $210 2. Dance/Game Room Rental, Per Hour, 2 hour minimum $80 $95 Deposit*$210 $210 3. Whole Facility Rental Per Hour, 2 hour minimum (Excludes Computer Lab)$147 $180 Deposit*$210 $210 * Deposits are refundable if the facility is left clean and damage-free. FY 2023 Page 412 of 506 Resolution No._________Page 30 of 53 August 24, 2023 MEYER COMMUNITY CENTER Resident Rate Non-Resident Rate Programming 1. Senior Annual Membership Pass $27 $32 2. Non-Member Guest Pass Per Day $3 $5 Facility Rentals 1. Deposit - all rooms*$210 2. Meeting Room Rental, Per Hour, 2 hour minimum $63 $76 3. Conference Room Rental, Per Hour, 2 hour minimum $48 $57 4. Activity Room Rental, Per Hour, 2 hour minimum $80 $95 5. Arts & Crafts Room Rental, Per Hour, 2 hour minimum $48 $57 * Deposits are refundable if the facility is left clean and damage-free. FY 2023 LICK CREEK NATURE CENTER Resident Rate Non Resident Rate Facility Rentals 1. Deposit - all rooms*$210 2. Meeting Room Rental, Per Hour, 2 hour minimum $105 $126 3. Outdoor Classroom, Per Hour, 2 hour minimum $37 $45 4. Amphitheater, Per Hour, 2 hour minimum $37 $45 Page 413 of 506 Resolution No._________Page 31 of 53 August 24, 2023 CHAPTER 34: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES 1. Article I. In General a. Sec. 34-2(c). Encroachments upon easements. i.Application fee. An application for a license to encroach shall be accompanied by a non-refundable filing fee as established by City Council resolution in Section 2- 117. - $1,023.00 b. Sec. 34-4(b). Guidelines for consideration of requests for directional signs in public rights-of-way. i.Any application shall be processed for a fee of $25.00 and shall be filed within the Office of the City Manager. The City Manager shall review the application based upon the criteria in Subsection (a) of this section. In the event the City Manager denies the application, the applicant may appeal the decision to the City Council. Upon receipt of written notice of an appeal from the applicant, the City Secretary shall place the application on the next available Council agenda. 2. Article II. Street, Sidewalk, Right-Of-Way and Driveway Construction and Repair a. Sec. 34-36(b). Driveways. b.Sec. 34-36(b). Driveways. i.The driveway permit fee is established in Section 2-117, which shall be of an amount to cover the cost of licensing and maintaining records. $63.00 3. Article III. Right-of-Way Use Division 2. Permit a. Sec. 34-100. Fee. i.The applicant or permit holder shall pay a fee established in Section 2-117 for the right-of-way improvements permit that shall be the same as that charged in Chapter 14, Section of the City of College Station Code of Ordinances as amended from time to time. - $480.00 b. Sec. 34-102(14). Conditions. i.If irrigation and/or electrical lines are to be extended across a paved roadway, the applicant must pay a one-time fee in the amount of $35.00 per square yard of extension area. The extension area is equivalent to three times the yard length to be installed under the roadway. The fee will be waived if the applicant installs sleeves under the pavement and places the irrigation and/or electrical in the sleeves. Page 414 of 506 Resolution No._________Page 32 of 53 August 24, 2023 4. Article IV. Utility Right-of-Way Use Division 2. Registration and Construction Permits Subdivision II. Construction Permits a. Sec. 34-190(b). Generally. i.The registration fee of $53.00 will apply to those right-of-way users who do not pay annual blanket right-of-way fees. ii.The construction permit fee of $901.00 will apply to those right-of-way users who do not pay annual blanket right-of-way fees. 5. Article V. Parades and Motorcades Division 2. Permit a. Sec. 34-248. Fee. i.Upon submission of an application, an application fee shall be paid. The application fee shall be set by the City Council by resolution from time-to-time as the Council deems necessary established in Section 2-117. This application fee will not apply to applicants conducting lawful expressions of opinion protected under the First Amendment of the United States Constitution. - $126.00 Page 415 of 506 Resolution No._________Page 33 of 53 August 24, 2023 CHAPTER 38: TRAFFIC AND VEHICLES 1. Article II. Stopping, Standing and Parking Division 3. Northgate Area and Remote Pay Systems Areas a. Sec. 38-106. Northgate Promenade Parking Lot and Remote Pay System Parking Lot fee schedule 1.The City Manager or designee may adjust the parking fee up to or below the amounts set below. The fees established in Section 2-117 shall be charged for the use of a parking space in the Northgate Promenade Parking Lot, located at 310 Church Street or any other City owned parking lot by remote pay system parking. Per hour fee up to $10.00 per hour. 2.Special event fee up to $50.00 per day. 3.Game day fee up to $50.00 per day. b. Sec. 38-107. Northgate Parking Garage fee schedule. i.The City Manager or designee may adjust the parking fee up to or below the amounts established. The following fees established in Section 2-117 shall be charged for the use of a parking space in the Northgate Parking Garage, located at 309 College Main. 1.Per hour fee up to $10.00 per hour. 2.Lost ticket fee up to $50.00 per day. 3.Special event fee up to $50.00 per day. 4.Game day fee up to $50.00 per day. ii.License agreements. The City Manager or designee may enter into license agreements for the use of parking spaces in the Northgate College Main Parking Garage and may charge the following fees established in Section 2-117. 1.Twenty-four-hour—Seven days a week licenses (24/7). Up to $2,000.00 annually, or up to $700.00 per semester or up to $200.00 per month. 2.Daytime licenses. Up to $1,500.00 annually or up to $500.00 per semester or up to $200.00 per month. 3.Charge a non-refundable administrative fee up to $50.00 upon execution of a license agreement to park in the garage. 4.Nighttime licenses. Up to $1,500.00 annually or up to $500.00 per semester or up to $200.00 per month c. Sec. 38-108. Northgate and Remote Pay System on-street parking fee schedule. i.The City Manager or designee may adjust the parking fee up to or below the amounts established. The fees established in Section 2-117 shall be charged for the use of an on-street parking space provided by the City and adjacent to a parking meter or remote pay system area anywhere in the Northgate Area, generally located between South College on the East, Wellborn Road on the West, University Drive on the South and the City limit on the North or in any remote pay system area in the City.. 1.Per hour fee up to $10.00 per hour. 2.Special event fee up to $50.00 per day. 3.Game day fee up to $50.00 per day. Page 416 of 506 Resolution No._________Page 34 of 53 August 24, 2023 2. Division 5 City Facility Parking a. Sec. 38-1101. Miscellaneous City Facility Parking. The City Manager or designee may adjust the parking fee up to or below the amounts established for City facility parking. 1.Per hour fee up to $10.00 per hour. 2.Special event fee up to $50.00 per day. 3.Game day fee up to $50.00 per day. Page 417 of 506 Resolution No._________Page 35 of 53 August 24, 2023 CHAPTER 40: UTILITIES 1. Article I. In General a.Sec. 40-3(c). Creation of municipal utility districts. i.Reimbursement for expenses. 1.Petition to create district. Within 6 months after consent to the creation of a district is given by the City, or within 3 months after the district is created by the Texas Commission on Environmental Quality or its successor agency, whichever is later, the owner or the developer of the land within the district must pay the fee established pursuant to Section 2- 117 to reimburse the City for expenses relating to processing the petition to create the district. - $38,221.00 2.Petition to annex or acquire land. To partially reimburse the City for expenses related to a district’s annexation or acquisition of land, the owner or developer of land within the district that has not paid the Council- approved fee to process the petition to create the district must make a one- time payment in the amount established pursuant to Section 2-117 within six months after receiving the City’s consent to annex or after the district acquires land that is not contiguous to the district’s boundaries; or contiguous to the district’s boundaries and greater than 5 acres. - $38,221.00 3.Infrastructure plan review and inspection fee. The infrastructure plan review and inspection fee means the fee established pursuant to Section 2-117 to reimburse the City for engineering and planning fees and expenses related to the City’s review of plans and specification of the district’s facilities; and inspection of the district’s facilities. - 1.85% of infrastructure cost ($758.00 minimum) Page 418 of 506 Resolution No._________Page 36 of 53 August 24, 2023 b. Sec. 40-4. Roadway Maintenance Fee. LAND USE/VEHICLE-MILE-EQUIVALENCY TABLE ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) PORT AND TERMINAL 030 Truck Terminal Acre 26.20 6.55 6.55 4.00 INDUSTRIAL 110 General Light Industrial 1,000 SF GFA 3.88 0.97 0.97 4.00 INDUSTRIAL 120 General Heavy Industrial 1,000 SF GFA 2.72 0.68 0.68 4.00 INDUSTRIAL 130 Industrial Park 1,000 SF GFA 3.40 0.85 0.85 4.00 INDUSTRIAL 150 Warehousing 1,000 SF GFA 1.28 0.32 0.32 4.00 INDUSTRIAL 151 Mini- Warehouse 1,000 SF GFA 1.04 0.26 0.26 4.00 RESIDENTIAL 210 Single-Family Detached Housing Dwelling Unit 4.00 1.00 1.00 4.00 RESIDENTIAL 220 Apartment/M ulti-family Dwelling Unit 2.48 0.62 0.62 4.00 RESIDENTIAL 230 Residential Condominium /Townhome Dwelling Unit 2.08 0.52 0.52 4.00 RESIDENTIAL 240 Mobile Home Park / Manufactured Housing Dwelling Unit 2.36 0.59 0.59 4.00 RESIDENTIAL 251 Senior Adult Housing- Detached Dwelling Unit 1.08 0.27 0.27 4.00 RESIDENTIAL 252 Senior Adult Housing- Attached Dwelling Unit 1.00 0.25 0.25 4.00 RESIDENTIAL 254 Assisted Living Beds 0.88 0.22 0.22 4.00 LODGING 310 Hotel Room 1.20 0.60 0.60 2.00 LODGING 320 Motel / Other Lodging Facilities Room 0.94 0.47 0.47 2.00 RECREATIONAL 432 Golf Driving Range Tee 2.50 1.25 1.25 2.00 RECREATIONAL 430 Golf Course Acre 0.60 0.30 0.30 2.00 RECREATIONAL 495 Recreational Community Center 1,000 SF GFA 5.48 2.74 2.74 2.00 RECREATIONAL 465 Ice Skating Rink 1,000 SF GFA 4.72 2.36 2.36 2.00 RECREATIONAL 431 Miniature Golf Course Hole 0.66 0.33 0.33 2.00 Page 419 of 506 Resolution No._________Page 37 of 53 August 24, 2023 ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) RECREATIONAL 445 Multiplex Movie Theater Screens 27.28 13.64 13.64 2.00 RECREATIONAL 491 Racquet / Tennis Club Court 6.70 3.35 3.35 2.00 INSTITUTIONAL 560 Church 1,000 SF GFA 1.10 0.55 0.55 2.00 INSTITUTIONAL 565 Day Care Center 1,000 SF GFA 13.82 12.34 44%B 6.91 2.00 INSTITUTIONAL 522 Primary/Midd le School (1- 8) Students 0.32 0.16 0.16 2.00 INSTITUTIONAL 530 High School Students 0.26 0.13 0.13 2.00 INSTITUTIONAL 540 Junior / Community College Students 0.24 0.12 0.12 2.00 INSTITUTIONAL 550 University / College Students 0.34 0.17 0.17 2.00 MEDICAL 630 Clinic 1,000 SF GFA 19.53 5.18 5.18 3.77 MEDICAL 610 Hospital 1,000 SF GFA 3.51 0.93 0.93 3.77 MEDICAL 620 Nursing Home Beds 0.83 0.22 0.22 3.77 MEDICAL 640 Animal Hospital/Vete rinary Clinic 1,000 SF GFA 9.90 4.72 30%B 3.30 3.00 OFFICE 714 Corporate Headquarters Building 1,000 SF GFA 5.64 1.41 1.41 4.00 OFFICE 710 General Office Building 1,000 SF GFA 5.96 1.49 1.49 4.00 OFFICE 720 Medical- Dental Office Building 1,000 SF GFA 13.46 3.57 3.57 3.77 OFFICE 715 Single Tenant Office Building 1,000 SF GFA 6.96 1.74 1.74 4.00 OFFICE 750 Office Park 1,000 SF GFA 5.92 1.48 1.48 4.00 COMMERCIAL: Automobile Related 942 Automobile Care Center 1,000 SF Occ. GLA 3.74 3.11 40%B 1.87 2.00 COMMERCIAL: Automobile Related 843 Automobile Parts Sales 1,000 SF GFA 6.82 5.98 43%A 3.41 2.00 COMMERCIAL: Automobile Related 944 Gasoline/Serv ice Station Vehicle Fueling Position 4.82 13.87 42%A 8.04 0.60 COMMERCIAL: Automobile Related 945 Gasoline/Serv ice Station w/ Conv Market Vehicle Fueling Position 3.56 13.51 56%B 5.94 0.60 Page 420 of 506 Resolution No._________Page 38 of 53 August 24, 2023 ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) COMMERCIAL: Automobile Related 946 Gasoline/Serv ice Station w/ Conv Market and Car Wash Vehicle Fueling Position 3.66 13.86 56%A 6.10 0.60 COMMERCIAL: Automobile Related 841 New Car Sales 1,000 SF GFA 4.20 2.62 20%B 2.10 2.00 COMMERCIAL: Automobile Related 941 Quick Lubrication Vehicle Shop Servicing Positions 6.22 5.19 40%B 3.11 2.00 COMMERCIAL: Automobile Related 947 Self-Service Car Wash Stall 1.99 5.54 40%B 3.32 0.60 COMMERCIAL: Automobile Related 948 Automated Car Wash Stall 5.08 14.12 40%B 8.47 0.60 COMMERCIAL: Automobile Related 848 Tire Store 1,000 SF GFA 5.98 4.15 28%A 2.99 2.00 COMMERCIAL: Dining 934 Fast Food Restaurant with Drive- Thru Window 1,000 SF GFA 32.66 32.65 50%A 16.33 2.00 COMMERCIAL: Dining 933 Fast Food Restaurant without Drive-Thru Window 1,000 SF GFA 26.16 26.15 50%B 13.08 2.00 COMMERCIAL: Dining 932 High Turnover (Sit- Down) Restaurant 1,000 SF GFA 11.22 9.85 43%A 5.61 2.00 COMMERCIAL: Dining 931 Quality Restaurant 1,000 SF GFA 8.38 7.49 44%A 4.19 2.00 COMMERCIAL: Dining 937 Coffee/Donut Shop with Drive-Thru Window 1,000 SF GFA 25.68 42.80 70%A 12.84 2.00 COMMERCIAL: Other Retail 815 Free-Standing Discount Store 1,000 SF GFA 6.98 4.98 30%C 3.49 2.00 COMMERCIAL: Other Retail 817 Nursery (Garden Center) 1,000 SF GFA 9.72 6.94 30%B 4.86 2.00 COMMERCIAL: Other Retail 862 Home Improvement Superstore 1,000 SF GFA 2.42 2.33 48%A 1.21 2.00 COMMERCIAL: Other Retail 880 Pharmacy/Dr ugstore w/o Drive-Thru Window 1,000 SF GFA 7.90 8.40 53%A 3.95 2.00 COMMERCIAL: Other Retail 881 Pharmacy/Dr ugstore w/ Drive-Thru Window 1,000 SF GFA 10.10 9.91 49%A 5.05 2.00 COMMERCIAL: Other Retail 820 Shopping Center 1,000 SF GLA 4.90 3.71 34%A 2.45 2.00 Page 421 of 506 Resolution No._________Page 39 of 53 August 24, 2023 ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) COMMERCIAL: Other Retail 850 Supermarket 1,000 SF GFA 12.14 9.48 36%A 6.07 2.00 COMMERCIAL: Other Retail 864 Toy/Children' s Superstore 1,000 SF GFA 6.98 4.99 30%B 3.49 2.00 COMMERCIAL: Other Retail 875 Department Store 1,000 SF GFA 2.62 1.87 30%B 1.31 2.00 COMMERCIAL: Other Retail 896 Video Rental Store 1,000 SF GFA 13.60 13.60 50%B 6.80 2.00 SERVICES 911 Walk-In Bank 1,000 SF GFA 12.38 12.13 40%B 7.28 1.70 SERVICES 912 Drive-In Bank Drive-in Lanes 29.95 33.24 47%A 17.62 1.70 SERVICES 918 Hair Salon 1,000 SF GLA 1.73 1.45 30%B 1.02 1.70 ROADWAY MAINTENANCE FEE SCHEDULE The roadway maintenance fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. Vehicle Miles Traveled Monthly Charge Nonresidential Tier I 0 - 23.99 $21.50 Tier II 24.00 - 43.99 $48.50 Tier III 43.99 - 90.99 $93.50 Tier IV 91.00 - 223.99 $190.75 Tier V 224.00+$312.75 Residential Single Family Flat Fee/Dwelling Unit $9.75 Multi-Family Flat Fee/Dwelling Unit $7.50 c. Sec. 40-11. Payment of bills. i. All payments must be received by the Utility Customer Service Office on or before the due date to avoid late charges or penalties. Payments received after the due date are assessed a late charge or penalty equaling ten percent (10%) of the current monthly charges. d. Sec. 40-12. Returned check fee. i.A fee of $25.00 will be charged for each returned check used to pay any amount on a utility account. This fee is in addition to other fees owed to the City for utility services. ii.Credit Card Charge Back Fee - $27.55 Page 422 of 506 Resolution No._________Page 40 of 53 August 24, 2023 e. Sec. 40-13(b). Disconnection and reconnections. i.A $25.00 delinquent fee will be charged on each residential account. ii.A $150.00 delinquent fee will be charged on each commercial account. iii.A $30.00 charge will be added for afterhours service (between 5:00pm and 9:00pm) f. Sec. 40-15. Account creation or Reactivation fee. i.All customers creating a utility account or opening additional account numbers shall pay a fee for creating a utility account, regardless the number of services provided by the City. Account creation fee: $30.00. 2. Article II. Water and Sewer Service Division 2. Rates, Usage Charges and Fees a. Sec. 40-63. Reserved for future use. b. Sec. 40-64. Rates for water service. i.All retail customers using water shall have a monthly service charge based on the water meter size and a monthly usage charge as follows: ii.Service charge: established in Section 2-117. Meter Size Service Charge 1.¾ inch $12.40 per month 2.1 inch $15.60 per month 3.1.5 inch $23.20 per month 4.2 inch $36.65 per month 5.3 inch $115.60 per month 6.4 inch $171.75 per month 7.6 inch $209.10 per month 8.8 inch $209.10 per month iii.Residential usage charge: Defined to be a domestic meter or irrigation meter serving a residence with one or two living units: 1. $2.75 per 1,000 gallons for usage from 0—10,000 gallons 2. $3.60 per 1,000 gallons for usage from 11,000—15,000 gallons 3. $4.40 per 1,000 gallons for usage from 16,000—20,000 gallons 4. $5.20 per 1,000 gallons for usage from 21,000—25,000 gallons 5. $6.05 per 1,000 gallons for usage of 26,000 gallons and more iv.Commercial usage charge: Defined to be a meter serving three or more living units or any commercial location, providing water for domestic usage: 1. $3.05 per 1,000 gallons v.Commercial irrigation usage charge: Defined to be a meter serving a commercial customer dedicated for non-domestic usage: 1. $3.25 per 1,000 gallons vi.Residential and Commercial customers in Brazos County Municipal Utility District #1: All rates as above, with an added 50% surcharge Page 423 of 506 Resolution No._________Page 41 of 53 August 24, 2023 1.Residential Rates- a. $4.15– first 0-10 mgw b. $5.40 – next 11-15mgw c. $6.60 – next 16-20 mgw d. $7.85 – next 21-25 mgw e. $9.10 – all over 26+ mgw 2.Commercial Rates a. $4.55 – per mgw b. $18.65 – monthly service charge ¾ or 5/8” c. $23.40 – monthly service charge 1” d. $34.80 – monthly service charge 1.5” e. $54.95 – monthly service charge 2” f. $173.45 – monthly service charge 3” g. $257.65 – monthly service charge 4” h. $313.65 – monthly service charge 6” c. Sec. 40-65. Rates for sewerage service. i.For customers using sewerage service for household purposes, where City water service is provided with a meter for each residential unit, the monthly charges shall be as follows: 1.Service charge: $22.55 for first 4,000 gallons of water metered. 2.Usage charge: $4.50 per 1,000 gallons of water usage for the next 5,000 gallons of water metered. 3.Maximum billing: $49.70 cap for metered water is 10,000 gallons. ii.For customers using sewerage service for household purposes, multifamily residences with kitchen facilities in each residential unit where water service is provided without a meter for each residential unit shall pay a monthly charge per household unit as $28.70. iii.For customers using sewerage service for household purposes, multifamily residences with more than 50 units without kitchen facilities in each unit shall pay a monthly charge per household unit of $17.90. iv.For customers using sewerage service for household purposes, multifamily residences having 50 residential units or less without kitchen facilities in each residential unit, where water service is provided without a meter for each residential unit such as, but not limited to, fraternity houses, sorority houses, boarding houses and privately owned student dorms, the monthly charges shall be as follows: 1.Service charge as $19.35 per month. 2.Usage charge as $4.50 per 1,000 gallons of water usage. v.For customers using sewerage service for commercial, industrial, or institutional business establishments, the monthly charges shall be as follows: 1.Service charge as $19.35 per month. 2.Usage charge as $5.35 per 1,000 gallons of water usage. Page 424 of 506 Resolution No._________Page 42 of 53 August 24, 2023 vi.For customers outside the City water service area (where City water meters do not exist), using City sewerage service for commercial, industrial, or institutional business establishments the customer will be charged a monthly rate, based on average rounded water use for the previous 12 months, the monthly charges shall be as follows: 1.Service charge as $19.35 per month. 2.Usage charge as $5.35 per 1,000 gallons of water usage, based on average monthly water use for the previous 12 months. vii.For customers outside the City water service area (where City water meters do not exist), using City sewerage service for household purposes, the customer will be charged the monthly rate as set out in section 2-1 for 10,000 gallons per month, unless the customer establishes, as determined by the City Manager, that the average rounded water usage is less than 9,001 gallons per month in which case the customer will be charged the following amount: 1.0—5,000 gallons per month $22.55 2.5,001—7,000 gallons per month $31.60 3.7,001—9,000 gallons per month $40.65 4.9,001—10,000 > gallons per month $49.70 viii.For customers where sewerage service is provided through a satellite wastewater treatment plant not connected to the City's main sewer collection and treatment system (typically outside the corporate limits of the City) the monthly charge per residential unit is as $54.60. ix.All customers receiving sewer service outside of the City’s corporate limits or under contract shall pay all established rates, with an additional 50%surcharge, as established in Section 2-117. x.Residential and Commercial customers in Brazos County Municipal Utility District #1: All rates as above, with an added 50% surcharge. d. Sec. 40-66. Water and sewer service connection fees, and sewer inspection fees. i.Fee for water service connection. The City will charge a service charge to all customers connecting to the water system within or outside the corporate limits of the City. The service charge will be based on water meter size. 1.The water service connection fee shall apply to all connections to the water system, including meter set-ins. The service charge for water connection is: Meter Size Charge a.¾ inch $643.42 b.1 inch $783.34 c.1 ½ inch $2,121.06 d.2 inch $3,138.66 2.For three-inch and larger water meters, a $100.00 service charge will be assessed and includes only an inspection fee. Meters of this size must be purchased by the developer that meet current City specifications. The developer is responsible for contracting a licensed/bonded contractor, acquiring applicable permits to install the service connection in Page 425 of 506 Resolution No._________Page 43 of 53 August 24, 2023 accordance with City specifications, and is to be inspected by the City before meter is placed into service. ii.Fee for sewer service connection. All customers connecting to the sewerage system within or outside the corporate limits of the City will have a service charge based on sewer connection size. Sewer Connection Size Charge a.4 inch / RESIDENTIAL $350.00 b.6 inch / NONRESIDENTIAL $100.00 e. Sec. 40-67. Fire flow testing. i.For customers requesting a fire flow test on the existing City water system, an additional charge established in Section 2-117 will be assessed as described herein. 1.Fire Flow Test Fee: $100.00 per tested hydrant. Division 6. Cross-Connection Control and Backflow Prevention f. Sec. 40-244. Cross-connection control program fees. i.Backflow prevention assembly registration fee. There is a non-refundable registration fee for each nonresidential backflow prevention assembly device of $25.00 per each separate device. ii.Certified backflow prevention device tester registration fee. Annual registration fee for approved testers shall be a non-refundable fee of $50.00. iii.Testing form booklet fee. The fee for a testing form booklet of 30 test forms shall be $25.00 each. Other forms may be used with prior approval from the City. iv.Deposit fee for fire hydrant water meter with backflow prevention device. There shall be a refundable deposit fee for fire hydrant meters with backflow prevention devices of $1,000.00. This fee shall be refunded when the meter/device is returned in good working order. v.Fire Hydrant Meter Connection Fee - $400.00 3. Article III. Electric System Division 2. Rate Schedules a.Sec. 40-315. Electric Rate Schedule R (residential customers). • Rate: 1.Service charge: $7.00 per month; plus 2.Energy charge: $0.1187 per kWh for all kWh; plus 3.Transmission Delivery Adjustment: $0.0175per kWh. • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: $0.1192/kWh. 2.50% participation: $0.1214/kWh. 3.100% participation: $0.1242/kWh. Page 426 of 506 Resolution No._________Page 44 of 53 August 24, 2023 b.Sec. 40-316. Electric Rate Schedule R-1 (master metered residential units). • Rate: 1.Service charge: $100 per month; plus 2.Energy charge: $0.1187 per kWh for all kWh; plus 3.Transmission Delivery Adjustment: $0.0175 per kWh. • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: $0.1192/kWh. 2.50% participation: $0.1214/kWh. 3.100% participation: $0.1242/kWh. c.Sec. 40-317. Electric Rate Schedule SC (small commercial customers). • Rate: 1.Service charge: $9.00 per month; plus 2.Energy charge: First 1,000 kWh $0.1379 per kWh, $0.1032 per kWh for all kWh over 1000; plus 3.Transmission Delivery Adjustment: $0.0175 per kWh. • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: First 1,000 kWh $0.1385, $0.1037 all additional kWh. 2.50% participation: First 1,000 kWh $0.1407, $0.1059 all additional kWh. 3. 100% participation: First 1,000 kWh $0.1434, $0.1087 all additional kWh. d. Sec. 40-318. Electric Rate Schedule LP-1 (medium commercial customers). i.Rate: 1.Service charge: $25.00 per month; plus 2.Demand charge: $11.44 per kW of monthly billing demand; plus 3.Energy charge: $0.0703 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0175 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $199.10 - per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: $0.0708/kWh. 2.50% participation: $0.0730/kWh. 3.100% participation: $0.0758/kWh. e. Sec. 40-319. Electric Rate Schedule LP-2 (large commercial). Page 427 of 506 Resolution No._________Page 45 of 53 August 24, 2023 i.Rate: 1.Service charge: $75.00 per month; plus 2.Demand charge: $11.44 per kW of monthly billing demand; plus 3.Energy Charge: $0.0674 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0175 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $3,514.50 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.The applicable rate schedule demand charges shall be replaced by the following on-peak/off-peak rates: 1.On-peak demand charge: $7.32; plus 2.Off-peak demand charge: $4.13. iv.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10%: $0.0680/kWh 2. 50%: $0.0702/kWh 3. 100%: $0.0729/kWh f. Sec. 40-320. Electric rate Schedule LP-3 (industrial and institutional). i.Rate: 1.Service charge: $250.00 per month; plus 2.Demand charge: $10.84 per kW of monthly billing demand; plus 3.Energy charge: $0.0651 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0175 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest of the following charges: 1. $16,538.34 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.The applicable rate schedule demand charges shall be replaced by the on- peak/off-peak rates established in Section 2-117. 1.On-Peak Demand Charge: $7.32, plus 2.Off-Peak Demand Charge: $4.13 Page 428 of 506 Resolution No._________Page 46 of 53 August 24, 2023 iv.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: $0.0657/kWh 2.50% participation: $0.0679/kWh 3.100% participation: $0.0706/kWh g. Sec. 40-321. Electric Rate Schedule SL (security lights). i.The rates per month per light are established in Section 2-117. 1.100 Watt (or equivalent) $17.22 2.200 Watt (or equivalent) $26.65 3.400 Watt (or equivalent) $33.40 h. Sec. 40-323. Electric Rate Schedule PQF. i. Rate. The City will pay the QF producer for all power purchased at the following rates: 1.Capacity. No payment shall be made, except by separate firm power contract between the producer and the City. 2.Energy. The metered output from the producer will be purchased at a rate equal to the average base wholesale kilowatt-hour energy cost for power paid by the City. This average base wholesale kilowatt- hour energy cost will be calculated based upon the past years average wholesale cost and will be updated once a year (in October) to update this value. In the event that the producer exercises the option to sell power to the City, there will be assessed, in addition to the minimum monthly bill requirements under the applicable service rate schedule, a customer service charge of $15.00 per month to cover costs realized for metering, billing, maintenance, administrative, and other expenses necessary to maintain service to the QF. i. Sec. 40-325. Electric Rate Schedule SRE. i.Rate. In a billing month after the retail customer receives approval to interconnect their on-site generating system to the City s electric distribution system, the customer will be billed: 1.Based upon their current electric service rate for the kilowatt-hours used from the City s electric distribution system. The excess kilowatt- hours that are passed back to the system from their on-site generation will be purchased at a rate equal to the average base wholesale kilowatt-hour energy cost for power paid by the City. This average base wholesale kilowatt-hour energy cost will be calculated based upon the past years average wholesale cost and will be updated once a year (in October) to update this value. 2.The calculated amount for the excess kilowatt-hours passed back to the system will be credited to the current balance of the retail customer s utility account. If a credit exists at any time on the account, the customer may request in writing a refund for the credit amount. Page 429 of 506 Resolution No._________Page 47 of 53 August 24, 2023 If the customer closes the account with a credit remainder in their account, they will be refunded this amount. j. Sec. 40-326. Electric Rate Schedule EV (electric vehicle fast charger). i.Rate: 1.Service charge: $75.00 per month; plus 2.Demand charge: $11.44 per kW of monthly billing demand; plus 3.Energy Charge: $0.0674 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0175 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $3,514.50 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10%: $0.0680/kWh 2. 50%: $0.0702/kWh 3. 100%: $0.0729/kWh 4. Article IV. Solid Waste Collection and Disposal Division 2. Waste Collection Generally The solid waste collection and disposal fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. a. Sec. 40-389. Residential collection generally. i.Any customer generating more waste than one container will hold may request an additional container and shall pay an additional fee as established in Section 2- 117. - $13.75 b. Sec. 40-391. Commercial collection. i.If a container is unserviceable, such as being blocked, not accessible, containing prohibited items, not in an approved collection location, screening or enclosure damage, or unsanitary conditions are present, the City will return to empty the container only after the container is serviceable, for a fee as established in Section 2- 117. - $24.25 c. Sec. 40-392. Northgate District Collection and Containers. i.If the container is placed out or left out in violation of this section the customer, owner, or occupant in, addition to any other penalties, will be assessed a fee per Page 430 of 506 Resolution No._________Page 48 of 53 August 24, 2023 container as established in Section 2-117. If the container presents a public safety issue the City may move or remove the container at the sole expense of the customer, owner, or occupant. - $24.55 d. e. Sec. 40-396. Unprepared solid waste. i.The City's Sanitation Division shall cause the clean-up of the improperly or unprepared waste, litter or debris that constitutes a health or nuisance to the community. The fee established in Section 2-117 or the actual cost of cleanup, whichever is greater, shall be paid by the responsible party. - $81.00 f. Sec. 40-400. Small animals. i.Upon notice, the City will remove and dispose of small dead animals, including, but not limited to, dogs, cats, chickens, ducks and geese, either from private property or public rights-of-way, excluding animal clinics. - $24.50 ii.Customers requesting removal from private property shall place the animal in a plastic bag and place the bag curbside before notification of pick up. Removal and disposal of small dead animals from private animal clinics shall be for a fee as established in Section 2-117. - $24.50 Division 4. Rates and Charges g. Sec. 40-495. Generally. i.Solid waste collection rates are applied based on both the method and number of services provided. Except as otherwise provided in this division, the charges for solid waste collection and disposal shall be assessed according to the following schedule: $19.50 Each single family detached residential unit or residential units in a building with less than a total of four attached residential units in a complex where each residential unit has been assigned a seventy (70) gallon automated solid waste container and provided with garbage, rubbish, brush and recycling collection once weekly. $13.75 Additional monthly fee for each residential unit that has been assigned more than one seventy (70) gallon automated solid waste container. This rate shall be assessed for each additional container utilized. $19.50 Each residential unit in a building with less than a total of four attached residential units in a complex that has been assigned a shared three hundred (300) gallon or larger automated solid waste collection container, that has not been identified as a multifamily apartment complex by the City, and provided with twice per week garbage collection, once per week curbside recycling collection and once per week rubbish/brush collection. $9.00 Each residential unit in a building with a total of four or more attached residential units in a complex that has been identified as a multifamily apartment complex by the City, and is assigned a large solid waste container shared by multiple residential units for garbage collection Page 431 of 506 Resolution No._________Page 49 of 53 August 24, 2023 only. Service will be provided twice weekly. Fraternities, Sororities, Privately owned Student Dorms, and customers within a residential and mixed use location shall not be assessed this rate, and will be charged according to the variable commercial collection rates listed in paragraph (2) below. $18.25 Minimum monthly charge for small businesses that jointly use a commercial-type refuse container without causing a health, sanitation or litter problem. Page 432 of 506 Resolution No._________Page 50 of 53 August 24, 2023 h. Sec. 40-496. Commercial collection rates. i.The monthly per container garbage collection and disposal charge for commercial locations shall be based on container size, number of containers utilized and frequency of collection per week. Container Size Frequency of Collection Monthly Rate Ninety gallon automated 1 $ 22.00 2 $ 45.25 3 $ 67.50 4 $ 88.25 5 $ 110.25 6 $ 130.00 300/400 gallon automated or two cubic yard non compactor 1 $ 161.75 2 $ 213.25 3 $ 259.75 4 $ 306.25 5 $ 355.25 6 $ 411.50 Four cubic yard non compactor 1 $ 203.25 2 $ 269.50 3 $ 332.00 4 $ 403.00 5 $ 472.75 6 $ 534.25 Eight cubic yard non compactor 1 $ 249.75 2 $ 346.75 3 $ 443.50 4 $ 537.75 5 $ 635.75 6 $ 728.75 Two cubic yard compactor 1 $ 169.00 2 $ 335.50 3 $ 504.75 4 $ 672.50 5 $ 838.00 6 $ 1,006.75 Four cubic yard compactor 1 $ 225.50 2 $ 453.25 3 $ 678.50 Page 433 of 506 Resolution No._________Page 51 of 53 August 24, 2023 4 $ 905.25 5 $ 1,133.00 6 $ 1,359.75 Six cubic yard compactor 1 $ 303.75 2 $ 611.25 3 $ 916.25 4 $ 1,221.25 5 $ 1,525.25 6 $ 1,830.00 Sec. 40-497. Additional charges. ii.The following Additional charges established in Section 2-117 will be assessed and collected upon the performance of the following described service or the occurrence of the described use or condition: 1.Per cycle fee for usage of the Northgate Promenade Commercial Compactor. The minimum monthly charge as described in Section 40-495 for small businesses that jointly use a commercial-type refuse container will apply until usage exceeds five cycles per calendar month. - $21.00- plus $4.50 per access after six or more times to access 2.Daily rental fee for the use of any City-owned, 20 cubic yard roll-off container. - $4.75 3.Daily rental fee for the use of any City-owned, 30 cubic yard roll-off container. - $5.00 4.Daily rental fee for the use of any City-owned, 40 cubic yard roll-off container. - $5.25 5.Per carcass fee for 1 to 19 animal carcasses collected from a commercial veterinarian, plus a flat rate service charge of $24.50. The flat rate service charge is waived for 20 or more animal carcasses collected at one time. 6.Additional fee for collection service requested by customer in addition to the scheduled service on a 90-gallon container. - $16.00 7.Additional fee for any location (other than residential) where the container was blocked and the collection vehicle must return to provide service. - $24.25 8.Additional fee for collection service requested by customer in addition to the scheduled service on a 300-gallon or 400-gallon container. - $32.00 9.Additional fee for delivery and set-up on any City-owned, roll-off container. - $46.50 10.Additional fee for collection service requested by customer in addition to the scheduled service on a two cubic yard container. - $32.00 11.Additional fee for collection service requested by customer in addition to the scheduled service on a two cubic yard compactor. - $40.50 12.Additional fee for collection service requested by customer in addition to the scheduled service on a four cubic yard container. - $49.00 13.Additional fee for collection service requested by customer in addition to the scheduled service on a four cubic yard compactor. - $56.75 Page 434 of 506 Resolution No._________Page 52 of 53 August 24, 2023 14.Additional fee for collection service requested by customer in addition to the scheduled service on an eight-cubic yard container. - $64.75 15.Additional fee for collection service requested by customer in addition to the scheduled service on a six cubic yard compactor. - $73.50 16.Unprepared solid waste minimum charge. - $80.00 17.All roll-off container service per load plus current per-ton landfill charge. - $215.50 5. Article V. Drainage Utility The drainage utility fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. a. Sec. 40-524. Rates. i.All charges shall be made in accordance with the classification of properties by the following categories: 1.Residential service shall be charged on the basis of a set fee per residential unit. a.Each single-family detached residential unit and each duplex residential unit: $7.00 per month. b.Each residential unit with two or more attached residential units and all residential units in a complex identified as a multifamily apartment complex: $3.25 per month. 2.All other lots, tracts and parcels of land within the City shall be considered and charged on the basis of commercial use in accordance with the schedule of drainage charges established in Section 2-117 which are hereby levied against all such remaining lots, tract or parcels of land within the City unless covered by exemptions listed herein. Commercial service shall be calculated on the basis of building square footage. $3.50/1,000 sq. ft. per month. Page 435 of 506 Resolution No._________Page 53 of 53 August 24, 2023 CHAPTER 103: BUILDINGS AND BUILDING REGULATIONS 1. Article V. Single-Family and Duplex Unit Rental Registration a. Sec. 103-242(d). Registration required. i.A fee established of $90.00 shall be assessed per building at the time of any required registration. 2. Article VI – Short Term Rental Registration a. Section 103-248 (c). Fees. i. Application and Application Renewal Fees. An annual application fee of $100.00 shall be assessed per unit at the time of any required registration. An annual application renewal fee of $75.00 shall be assess per unit following the initial registration. ii. Life Safety Inspection Fee. An inspection fee of $100.00 shall be assessed per dwelling unit for the required life safety inspection iii. Life Safety Reinspection Fee. If a dwelling unit does not pass the initial life safety inspection, the applicant shall pay a non-refundable re-inspection fee per dwelling unit of $124.00. Page 436 of 506 August 24, 2023 Item No. 8.5. Midtown Concept Plan Amendment 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 amending the concept plan on approximately 33 acres PDD Planned Development District located at 5900 Rock Prairie Road.” Relationship to Strategic Goals: Improving Mobility Recommendation(s): Staff recommends approval of the Concept Plan amendment, with the following conditions that must be met prior to the amended Concept Plan becoming effective: 1. That a public access easement for a pedestrian path and landscaping, meeting City specifications, located on the adjacent Rock Prairie Baptist Church property (5000 Rock Prairie Road) is approved by the City and recorded with Brazos County. 2. That the pedestrian path and landscaping is constructed and maintained by the Rock Prairie Municipal Management District Number 2. The Bicycle, Pedestrian, and Greenways Advisory Board heard this item at their 8/14/23 meeting and unanimously recommended to approve the request. The Planning and Zoning Commission heard this item at their 8/17/23 meeting and voted 5-0 to recommend approval. Summary: This portion of Midtown Reserve Subdivision was added to its master plan when the original PDD zoning, adopted in 2017, was amended in June 2020. In November 2022, the applicant requested the multi-use path that goes through the property be removed from the Comprehensive Plan. After receiving recommendations for denial from City Staff, the Bicycle Pedestrian and Greenways Board, and the Planning and Zoning Commission, the applicant decided to withdraw the request before going to City Council. This alternative request is considered a concept plan amendment, not a comprehensive plan amendment, since the current proposal is to keep the path in the same general area and not remove it completely. The plan is to move the multi-use path from the east side of the Natural Area Protected in Phase 115 of Midtown Reserve to the west side of the natural area. A portion of the path is proposed to be located on the adjacent Rock Prairie Baptist Church property and connect to Rock Prairie Road. A public access easement that covers the proposed multi-use path location across the church and subject properties has been signed by both landowners, reviewed by city staff, and filed at the county courthouse. As this request modifies the location of the planned multi-use path on the PDD concept plan, it is required to go before the Planning and Zoning Commission for recommendation and the City Council for final adoption. The Planning and Zoning Commission heard this item at their August 17th meeting and voted to recommend approval of the concept plan amendment. Page 437 of 506 REVIEW OF CONCEPT PLAN The concept plan provides an illustration of the general layout of the proposed multi-use path. 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 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 Benefit: The original PDD ordinance for the Midtown Reserve Subdivision recognizes the importance of developing this area as an urban environment with both the density and the mix of uses to serve the area with offices, services, and retail, as well as living opportunities for employees and patrons of the area. The intent is for this area to serve as a Health and Wellness District that would provide a Live-Work-Play environment with enhanced pedestrian facilities and destinations. To encourage a healthy lifestyle, site enhancements will be made throughout to provide pedestrian traffic within and through the site for both recreation and commuting. This will be accomplished in part by providing trail connections to the Lick Creek hike and bike trail and enhanced recreational amenities. As this portion of Midtown is constructed, the multi-use path will connect from Rock Prairie Road through the development to the adjacent City park and eventually to the larger Lick Creek trail network. The portion of multi-use path located on the Rock Prairie Baptist Church property will be constructed and maintained by the Rock Prairie Municipal Management District Number 2 (MMD). Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Vicinity, Aerial, and Small Area Maps 3. Proposed Concept Plan 4. Original Concept Plan 5. Background Information 6. Applicant's Supporting Information Page 438 of 506 Page 439 of 506 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING THE CONCEPT PLAN ON APPROXIMATELY 33 ACRES PDD PLANNED DEVELOPMENT DISTRICT LOCATED AT 5900 ROCK PRAIRIE ROAD AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 440 of 506 ORDINANCE NO. ____________ Page 2 of 6 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 24th day of August, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 441 of 506 ORDINANCE NO. ____________ Page 3 of 6 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from PDD Planned Development District to PDD Planned Development District to amend the concept plan, as depicted in Exhibit B: Page 442 of 506 ORDINANCE NO. ____________ Page 4 of 6 Ordinance Form 08-27-19 Page 443 of 506 ORDINANCE NO. ____________ Page 5 of 6 Ordinance Form 08-27-19 Page 444 of 506 ORDINANCE NO. ____________ Page 6 of 6 Ordinance Form 08-27-19 Exhibit B Page 445 of 506 Page 446 of 506 Page 447 of 506 Page 448 of 506 ROCK PRA IR IE ROAD HARRIS DRIV E OWNER/DEVELOPER: College Station Downtown Residential, LLC 1140 Midtown Drive College Station, TX 77845 TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER: CONCEPT PLAN MIDTOWN EXPANSION 33.342 ACRES THOMAS CARUTHERS LEAGUE, A-9 COLLEGE STATION, BRAZOS COUNTY, TEXAS PLANNED DEVELOPMENT DISTRICT (PDD) TO PLANNED DEVELOPMENT DISTRICT (PDD) SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 SCALE: 1" = 100' LEGEND Page 449 of 506 ROCK PRA IR IE ROAD HARRIS DRIV E OWNER/DEVELOPER: OWNER ### Street Name City, TX ##### (###) ###-#### TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER: CONCEPT PLAN MIDTOWN EXPANSION 33.342 ACRES THOMAS CARUTHERS LEAGUE, A-9 COLLEGE STATION, BRAZOS COUNTY, TEXAS RURAL (R) TO PLANNED DEVELOPMENT DISTRICT (PDD) SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 SCALE: AS SHOWN MAY 2020 VICINITY MAP NOT TO SCALE ROCK P R A I R I E R O A DHARRIS DRIVELEGEND Page 450 of 506 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: August 17, 2023 Advertised Council Hearing Date: August 24, 2023 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: Carter Lake HOA Property owner notices mailed: 14 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: 2 ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Estate Residential R Rural Rock Prairie Road South Mixed Residential PDD Planned Development District Future Midtown Single- Family East Natural & Open Areas GS General Suburban Undeveloped West Mixed Residential R Rural Rock Prairie Baptist Church DEVELOPMENT HISTORY Annexation: Frontage along Rock Prairie Road was annexed in 1983. The remainder was annexed in 1995. Zoning: A-O Agricultural Open upon annexation A-O renamed R Rural (2013) R Rural to PDD Planned Development District (2020) Final Plat: Unplatted Site development: Rural Residential Page 451 of 506 Page 1 of 2 REZONING PDD APPLICATION SUPPORTING INFORMATION Name of Project: MIDTOWN EXPANSION MINOR CONCEPT PLAN AMENDMENT Address: 5900 ROCK PRAIRIE RD Legal Description: A000901, THOMAS CARRUTHERS (ICL), TRACT 51, 19.352 ACRES Total Acreage: 33.342 Applicant: SCHULTZ ENGINEERING Property Owner: COLLEGE STATION DOWNTOWN RESIDENTIAL Proposed Drainage. The drainage from this development flows onto the adjacent property and will be designed in accordance with the Unified Development Ordinance and the B/CS Unified Development Guidelines. Variations Sought. These are provided in the original Meritorious Modifications Exhibit. Community Benefits. As an expansion of the Midtown Development, this property will have access to the parks, trails, and other amenities to be provided in Midtown. It will provide the urban walkable residential environment to support the commercial part of Midtown. Sustained Stability. This plan is for an expansion of the existing Midtown Reserve development and will have the same standards and will create an environment of stability and harmony with that development. Page 452 of 506 Page 2 of 2 Conformity. This development will provide single family residential lots which is in conformance with the General Suburban land use for this area. Compatibility with use. The abutting land on 2 sides has the same zoning and use so it is compatible. The other adjacent tracts will also be able to develop as General Suburban land use. This zoning request does not adversely affect their development. Access to Streets. Dwelling units that do not front on a public street may front on an Alley so long as fire protection is maintained. Public Improvements. This development will construct the public infrastructure necessary for the subdivision. It is an expansion of Midtown Reserve which will provide park land and park improvements for this area also. Public Health. The subdivision will be constructed in accordance with the requirements of this PDD zoning and the UDO which will ensure that is it no detrimental to anyone or any surrounding property. Safety. This development is an expansion of an existing residential subdivision and will provide adequate vehicular, bicycle and pedestrian facilities so that it will not adversely affect the safety and convenience of the residents. Page 453 of 506 August 24, 2023 Item No. 8.6. 217 Richards Street Rezoning 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 GC General Commercial to GS General Suburban for approximately 0.356 acres, being a portion of Lot 1R-2 Holleman Place Subdivision, generally located at 217 Richards Street. Relationship to Strategic Goals: Neighborhood Integrity Recommendation(s): Staff recommends approval of this rezoning request as it is in line with the Comprehensive Plan and compatible with the surrounding area. This item was heard at the August 3rd Planning and Zoning Commission meeting where the Commission voted 5-1 to recommend approval. Summary: This request is to rezone approximately 0.356 acres of land generally located at 217 Richards Street from GC General Commercial to GS General Suburban. The subject property was reserved for a future office building but is currently undeveloped. It is the applicant’s intent to replat the property into three residential lots. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject tract is designated on the Comprehensive Plan Future Land Use & Character Map as Mixed Residential. For the Mixed Residential land use, the Comprehensive Plan provides the following: Areas that are appropriate for a mix of moderate density residential development including, townhomes, duplexes, small multifamily buildings (3-12 unit), and limited small-lot single family. These areas are appropriate for residential infill and redevelopment that allows original character to evolve. These areas may serve as buffers between more intense multi-family residential or mixed-use development and suburban residential or neighborhood conservation areas. The intent of the district is to: • Accommodate a walkable pattern of small lots, small blocks, and well-connected street pattern. • Accommodate streetscape features such as sidewalks, street trees, and lighting. • Encourage community facilities, parks, and greenways within neighborhoods. • Support neighborhoods with a mix of housing types and where larger or more dense housing is located near community facilities or adjacent to commercial or neighborhood centers. Page 454 of 506 The zoning districts that are generally appropriate within this land use include: Duplex, townhouse, middle housing, and limited-scale single-family. This tract has been identified as part of a future phase of the City-initiated MH Middle Housing rezonings and at this point in time, the proposed rezoning to GS General Suburban is an appropriate zoning district. There is a possibility that it may be rezoned again in the near future if the City-initiated rezoning for the Richards Street and Sterling Street area is approved. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The subject property is surrounded by single-family homes to the south and east and a commercial development to the west. There is multi-family development to the southwest of the subject property along Holleman Drive South. The proposed zoning district is appropriate for the surrounding area as it would allow for additional single-family developments along Richards Street. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The size and location of the subject property is suitable for a single-family residential development. The site has adequate space to meet the minimal dimensional standards as set forth in the Unified Development Ordinance. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The existing water and wastewater infrastructure is adequate to support the needs of this development. 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 property fronts Richards Street. Each residential lot will take access off Richards Street as it is a local street. The proposed use is expected to generate less than 150 trips in any peak hour; therefore, a TIA was not required. 5. The marketability of the property: The uses allowed by the proposed zoning district are marketable for the area. The applicant states that the uses allowed with the proposed zoning will be more marketable than the uses allowed in the current GC General Commercial zoning district. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Vicinity, Aerial, and Small Area Maps 3. Rezoning Exhibit 4. Background Information 5. Applicants Supporting Information 6. Rezoning Map 7. Existing Future Land Use Map Page 455 of 506 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM GC GENERAL COMMERCIAL TO GS GENERAL SUBURBAN ON APPROXIMATELY 0.4 ACRES OF LAND LOCATED AT 217 RICHARDS STREET AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 456 of 506 ORDINANCE NO. ____________ Page 2 of 5 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 24th day of August, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 457 of 506 ORDINANCE NO. ____________ Page 3 of 5 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from GC General Commercial to GS General Suburban: Page 458 of 506 ORDINANCE NO. ____________ Page 4 of 5 Ordinance Form 08-27-19 Page 459 of 506 ORDINANCE NO. ____________ Page 5 of 5 Ordinance Form 08-27-19 Exhibit B Page 460 of 506 Page 461 of 506 Page 462 of 506 Page 463 of 506 1 2 3 4 HOLLEMAN DRIVERICHARDS STREETTERRA TITLE COMPANY LLCHOLLEMAN PLACE, LOT 1R-2Acres: 0.356Existing Land Use:Neighborhood CenterExisting Zoning: GC/GeneralCommercial 1 2 3 4 HOLLEMAN DRIVERICHARDS STREETTERRA TITLE COMPANY LLCHOLLEMAN PLACE, LOT 1R-2Acres: 0.356Proposed Land Use: MixedResidentialProposed Zoning: GS/GeneralSuburbanSITEHOLLEMAN DRTEXAS AVEEXISTINGPROPOSED LEGEND VICINITY MAPRZPage 464 of 506 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: August 3, 2023 Advertised Council Hearing Date: August 24, 2023 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: 18 Contacts in support: None at the time of this report 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 Institutional/Public WPC Wolf Pen Creek Fire Station # 1 South Mixed Residential GS General Suburban Single Family Residential East Mixed Residential GS General Suburban Richards Street (local street) West Neighborhood Center GC General Commercial Office DEVELOPMENT HISTORY Incorporated: May 1969 Zoning: D-3 Apartment House District (1969) R-1 Residential (1971) C-1 General Commercial (2009) Renamed to GC General Commercial (2012) Final Plat:Holleman Place Site Development:A portion of the adjacent office development’s parking lot extended onto this lot but has been removed. Page 465 of 506 Project Type: Rezoning Project Subtype: General Short Description: 217 Richards Street Rezoning APPLICATION FEES: Rezoning App Fee: $1,343.00 Total: $1,343.00 ADDITIONAL INFORMATION: Total Acreage: 0.357 Acres Date Deeded to Owner: 4/15/2004 Deed Recording: 5981/023 Existing Zoning: GC General Commercial Proposed Zoning: GS General Suburban Present Use: Undeveloped - Vacant Proposed Use: Single-Family Residential PAC Meeting Date: N/A Additional Properties: 332500-0000-0010 REQUIRED INFORMATION: Area Conditions: List the changed or changing conditions in the area, or in the City, which make this zone change necessary This portion of the property has been held in reserve for a future office building. There is no longer a need to develop another office building on this lot; therefore, the owner would like to allow the back portion of the lot that fronts onto Richards Street to develop in character with the surrounding residential lots. Comprehensive Plan: Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. The Comprehensive Plan was recently amended to reflect Mixed Residential for this property. The Comprehensive Plan states that limited small-lot single family are generally appropriate for the Mixed Residential land use designation. Our request for GS General Suburban is in accordance with the Comprehensive Plan. Compatibility: How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? Rezoning this portion of the property for residential uses will be compatible and conforming with the surrounding residential developments on Richards Street. The neighborhood that includes Richards Street has experienced some redevelopment in recent years and this development would also be a part of that new growth. Rezoning Suitability: Explain the suitability of the property for uses permitted by the rezoning district requested. Allowing the property to develop with residential uses is more suitable for the character of the surrounding neighborhood than the currently permitted commercial uses. Page 466 of 506 Current Suitability: Explain the suitability of the property for uses permitted by the current zoning district. The property is suitable for some commercial uses, such as offices and would be in character with the existing office building on the property. However, the property is best suited for residential uses which would be more compatible with the neighboring residential properties. Property Marketability: Explain the marketability of the property for uses permitted by the current zoning district. The back portion of this property is not marketable for most general commercial uses as allowed by the existing zoning district due to low visibility from Holleman Drive. The available property could be marketable for similar office-type uses; however, from a supply and demand perspective, there is not a great need for office space in College Station as there is an abundance of office space available on the market. Other Reasons: List any other reasons to support this zone change. N/A *CAD File: A CAD file (dxf/dwg in model space) or GIS shapefile, in Texas State Plane NAD83 Central Zone datum (with scale factor applied if applicable), must be attached. I understand a CAD File (dfx/dwg) is required. *Metes & Bounds Legal Des: A survey exhibit including at least one tie to an existing City of College Station control monument. List the plat bearing and State Plane grid bearing (Central Texas Zone) if different, and provide the distance to the monument(s) noted as surface or grid (with scale factor applied if applicable), must be attached. I understand a Survey Exhibit is required. REQUIREMENTS: Traffic Impacts: Letter showing TIA is not necessary is attached. Dimensioned Map: A fully dimensioned map is attached. Legal Description: A written legal description is attached. CAD DWG or GIS SHP: The CAD or GIS digital file is attached. Rezoning Denial: I understand the denial process and 180-day waiting period. Owner Certification: I am not the owner but the Owner(s) Certification is attached. LOCATION: Address: 217 Richards Street Parcel Number: 332500-0000-0011 Applicant Information: Name: Mitchell & Morgan, LLP C/O Crissy Hartl Address: 3204 Earl Rudder Freeway South City: College Station State: Texas Page 467 of 506 Zip Code: 77845-6457 Phone: 979-260-6963 Email Address: crissy@mitchellandmorgan.com Owner Information: Name: Terra Title Company LLC, Attn: Charles A Ellison Address: P.O. Box 10103 City: College Station State: Texas Zip Code: 77842-0103 Phone: 979-696-9889 Email Address: chuck@ellisonlaw.com Contact Primary Information: Name: Mitchell & Morgan, LLP C/O Veronica Morgan Address: 3204 Earl Rudder Freeway South City: College Station State: Texas Zip Code: 77845-6457 Phone: 979-260-6963 Email Address: v@mitchellandmorgan.com Contact Secondary Information: Name: Mitchell & Morgan, LLP C/O Tina Weido Address: 3204 Earl Rudder Freeway South City: College Station State: Texas Zip Code: 77845-6457 Phone: 979-260-6963 Email Address: tina@mitchellandmorgan.com Engineer Information: Name: Mitchell & Morgan, LLP C/O Veronica Morgan Address: 3204 Earl Rudder Freeway South City: College Station State: Texas Zip Code: 77845-6457 Phone: 979-260-6963 Email Address: v@mitchellandmorgan.com Surveyor Information: Name: McClure & Browne Engineering & Surveying Address: 1008 Woodcreek Drive City: College Station State: TX Zip Code: 77845 Phone: 979-693-3838 Email Address: gregh@mcclurebrowne.com Page 468 of 506 Page 469 of 506 Page 470 of 506 August 24, 2023 Item No. 8.7. 213 Holleman Drive East Rezoning Sponsor: Gabriel Schrum 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 GC General Commercial to WPC Wolf Pen Creek for approximately 0.092 Acres at 213 Holleman Drive East, generally located at the intersection of Holleman Drive East and George Bush Drive East. Relationship to Strategic Goals: • Neighborhood Integrity • Diverse & Growing Economy Recommendation(s): Staff recommends approval of this rezoning request as it is in line with the Comprehensive Plan and compatible with the surrounding area. The Planning and Zoning Commission heard this item at their 8/17/23 meeting and voted 5-0 to recommend approval. Summary: This request is to rezone approximately 0.092 acres of land generally located at the intersection of Holleman Drive East and George Bush Drive East from GC General Commercial to WPC Wolf Pen Creek. The lot proposed to be rezoned consists of a singular portion of the undeveloped strip of land in front of The Arbors apartments. The property was originally zoned R Rural upon annexation to the City in 1958. This property was rezoned to WPC Wolf Pen Creek in 1988 when the Wolf Pen Creek Plan was adopted but rezoned to C-1 General Commercial (now GC General Commercial) in 1996. This zoning request is in an effort to provide a feasible development opportunity for the property and be consistent with the rest of the block which is zoned WPC Wolf Pen Creek. This item was heard at the August 17th Planning and Zoning meeting. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject tract is designated as Neighborhood Center on the Comprehensive Plan Future Land Use & Character Map. For the Neighborhood Center land use, the Comprehensive Plan provides the following: Areas that are appropriate for a mix of uses are 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. Page 471 of 506 The intent of the Neighborhood Center land use is to accommodate a mix of building types that frame attractive pedestrian spaces. This is supported by vertical mixed-use structures with ground-floor retail in appropriate locations such as along corridors or major intersections. Stand-alone commercial uses with a preferred emphasis on urban form may be allowed if the size and scale of the property and/or development does not adequately support mixing uses in a horizontal manner. The zoning districts that are generally appropriate within this land use include Mixed Use, Wolf Pen Creek (in Wolf Pen Creek only), Commercial, and Multi-family zoning. The Comprehensive Plan discusses residential infill and redevelopment in both Chapter 3, Strong Neighborhoods and Chapter 8, Managed Growth. The plan states, “infill development offers the opportunity to mediate and enhance the identity of neighborhoods.” The plan goes on to mention that infill and redevelopment can create more viable and vibrant places throughout the city. Residential infill, especially in areas of the city designated for redevelopment, improves the efficiency of land use while enhancing the character of surrounding neighborhoods. As a tool for redevelopment, the request would allow for the full utilization of the undeveloped strip on this block and is aligned with the Comprehensive Plan. The proposed WPC Wolf Pen Creek zoning district allows for multifamily developments with vertical mixed-use along the ground floor. With the nature of this purely multifamily development, an accompanied Conditional Use Permit (CUP2023-000001) will follow this request. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The subject property is near other existing multifamily residential uses which are located to the north and east. There is an existing small lot single-family development near the subject property across Holleman Dr E to the south. Across George Bush Dr E to the west, the existing development consists of a commercial retail shopping center. The proposed zoning district is appropriate in the context of the area. The Wolf Pen Creek Design District has supported multi-family developments as a use since the adoption of the plan in 1988 and has been a common theme of use in the area. It now is no longer allowed by right and requires a Conditional Use Permit to have a purely multi-family development without having commercial use on the ground floor. The proposed development will be only multifamily and in doing so, has triggered the need for a Conditional Use Permit. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The size and location of the subject property is suitable for multi-family development. The site has adequate space to meet the minimal dimensional standards as set forth in the Unified Development Ordinance. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The existing water and wastewater infrastructure is adequate to support the needs of this development. Drainage and any other infrastructure required with site redevelopment shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The subject property is located at the intersection of Holleman Drive East and George Bush Drive East. Both streets are identified as major collectors on the Thoroughfare Plan. The proposed land use is Page 472 of 506 expected to generate less than 150 trips in any peak hour; therefore, a Traffic Impact Analysis (TIA) was not required to be submitted with the application. 5. The marketability of the property: The applicant states that in this Neighborhood Center area, there is no possibility of marketing the site without a larger development. The individual lot is currently zoned GC General Commerical which is not consistent with the rest of the block that is zoned WPC Wolf Pen Creek. Rezoning the property to WPC Wolf Pen Creek will make the property more marketable in the future since it will be part of a contiguous development. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Vicinity, Aerial, and Small Area Map 3. Background Information 4. Applicant's Supporting Information 5. Rezoning Exhibit 6. Rezoning Map 7. Existing Future Land Use Map Page 473 of 506 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FOR APPROXIMATELY 0.092 ACRES FROM GC - GENERAL COMMERCIAL TO WPC - WOLF PEN CREEK BEING ALL OF POOH'S PARK SUBDIVISION, BLOCK 4, LOT 7, RECORDED IN VOLUME 314, PAGE 618 OF THE DEED RECORDS OF BRAZOS COUNTY TEXAS, AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 474 of 506 ORDINANCE NO. ____________ Page 2 of 4 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 24th day of August, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 475 of 506 ORDINANCE NO. ____________ Page 3 of 4 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from GC - General Commercial to WPC - Wolf Pen Creek: POOH'S PARK, BLOCK 4, LOT 7 Page 476 of 506 ORDINANCE NO. ____________ Page 4 of 4 Ordinance Form 08-27-19 Exhibit B Page 477 of 506 Page 478 of 506 Page 479 of 506 Page 480 of 506 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: August 17, 2023 Advertised Council Hearing Date: August 24, 2023 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: 20 Contacts in support: None at the time of this report 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 Neighborhood Center WPC Wolf Pen Creek Multi Family South Major Collector GC General Commerical Holleman Dr E (2 lane Major Collector) East Neighborhood Center WPC Wolf Pen Creek Multi Family West Major Collector GC General Commerical George Bush Dr E (2 lane Major Collector) DEVELOPMENT HISTORY Annexed: August 1958 Zoning: R-1 Single Family Residential (upon annexation 1958) WPC Wolf Pen Creek (December 1988) C-1 General Commercial (November 1996) C-1 General Commercial renamed to GC General Commercial (June 2003) Final Plat:Poohs Park Site Development:Undeveloped. Page 481 of 506 Name of Project:HIGHPOINT APARTMENTS Address:213 HOLLEMAN DR E Legal Description:POOH'S PARK, BLOCK 4, LOT 7 Total Acreage:0 Applicant:: Property Owner:TEDDY JED LLC J4 ENGINEERING List the changed or changing conditions in the area or in the City which make this zone change necessary. We are correcting a small portion of commercial zoning to match neighboring property. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. Proposed zoning is apart 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? Mix zoning on the current property does not allow for development. Explain the suitability of the property for uses permitted by the rezoning district requested. Allows for uniform development across the property. REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 482 of 506 Explain the suitability of the property for uses permitted by the current zoning district. Allows for uniform development across the property. Explain the marketability of the property for uses permitted by the current zoning district. without development the property is not marketability. List any other reasons to support this zone change. N/A Page 2 of 2 Page 483 of 506 Page 484 of 506 Page 485 of 506 Page 486 of 506 Page 487 of 506 Page 488 of 506 August 24, 2023 Item No. 8.8. 213-219 Holleman Drive East Conditional Use Permit Sponsor: Gabriel Schrum Reviewed By CBC: N/A Agenda Caption: Public Hearing, presentation, discussion, and possible action to consider a Conditional Use Permit for ground floor multifamily in the WPC Wolf Pen Creek zoning district on approximately 1.02 acres located at 213-219 Holleman Drive East, generally located at the intersection of George Bush Drive East and Holleman Drive East. Relationship to Strategic Goals: • Neighborhood Integrity • DIverse & Growing Economy Recommendation(s): Staff recommends approval of the Conditional Use Permit request with the following conditions: 1. No public access shall be allowed onto George Bush Drive East, but rather the installation of Grasscrete, and a gate with Knox Box for Fire access. 2. The buildings shall have a reduced building setback on Holleman Drive East, with pedestrian access from the units to existing sidewalks to be in-line with the intended urban form of the zoning district. 3. The development shall conform to the attached site and landscape plans. The Planning and Zoning Commission heard this item at their 8/17/23 meeting and voted 5-0 to recommend approval. Summary: This request is for a Conditional Use Permit to allow the use of multi-family on the ground floor of the undeveloped lots on the corner of George Bush Drive East and Holleman Drive East, known as 213-219 Holleman Drive East. This is a step in the entitlement process to have this proposed use on the property, and the accompanied rezoning (Case #REZ2023-000008) must be adopted for the project to be eligible within this CUP request. REVIEW CRITERIA 1. The proposed use shall meet the purpose and intent of the Unified Development Ordinance (UDO) and meet all minimum standards for this type of use per the UDO. Multi-family uses are permitted in several zoning districts, but within the Wolf Pen Creek District, multi-family uses that are not part of a vertical mixed-use development require the approval of a Conditional Use Permit. The applicant is proposing to consolidate undeveloped lots and zoning in front of The Arbors apartments into a multifamily development. The Wolf Pen Creek district promotes the public and private use of Wolf Pen Creek and the development corridor as an active and passive recreational area. Residential development has been Page 489 of 506 popular in this district which encourages leisure and commercial activities. In an effort to ensure a healthy balance of uses in the area, proposals for ground-floor residential are reviewed on an individual basis through the conditional use permit process. The subject property is approximately 300 feet long by 100 feet deep at the intersection of two thoroughfares. The depth of the property does not allow for driveway access onto George Bush. While commercial is encouraged at intersections, the property’s configuration and limited access can be problematic for commercial development. Residential building size requirements can be more flexible than commercial, and as shown on the accompanying site plan, the proposed multi- family use will meet the minimum standards per the UDO. 2. The proposed use shall be consistent with the development policies and goals and objectives as embodied in the Comprehensive Plan for development in the City. The subject properties are shown on the Comprehensive Plan Future Land Use and Character Map as Neighborhood Center. The Comprehensive Plan states that these areas are appropriate for mix of uses arranged in a compact and walkable pattern at a smaller scale than Urban Centers. This land use designation is intended to create and reinforce walkable activity centers that are connected to surrounding development and include a mix of complementary uses. Through the proposed walkability on the site with sidewalk connections to the units, reduced front setback for the buildings, and the other conditions provided, staff believes this use would be appropriate for the Wolf Pen Creek area. This use would support the surrounding commercial developments by providing a residential development within close proximity that supports human scale and modes of transportation outside of automobiles. 3. The proposed use shall not be detrimental to the health, welfare, or safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to neighboring property. The development will have an emphasis on urban form with increased walkability with connected paths to the units, reduced front setbacks bringing the buildings closer to Holleman Drive East, and a restriction of public access to George Bush Drive East. The restricted access will be Grasscrete with a gate and Knox Box that will allow accessibility for emergency services. Placing the condition to limit public access onto George Bush Drive East and providing the requested conditions to the multifamily development, staff believes that the use will not be detrimental or substantially injurious to the surrounding neighborhood or its occupants. 4. The proposed site plan and circulation plan shall be harmonious with the character of the surrounding area. The applicant is proposing a multi-family development to these subject lots with the submittal of a site plan (SP2022-000069). The proposed 30-unit apartment building is 3-stories with rear parking, keeping the site plan and circulation harmonious with the surrounding area’s urban character. The site limits access to the surrounding streets by gating the side closest to George Bush Dr E. 5. The proposed use shall not negatively impact existing uses in the area or in the City through impacts on public infrastructure such as roads, parking facilities, electrical, or water and sewer systems, or on public services such as police and fire protection, solid waste Page 490 of 506 collection, or the ability of existing infrastructure and services to adequately provide services. This use will not negatively impact public infrastructure or services. This use will be on undeveloped lots that were platted to accommodate future commercial and/or residential uses. The existing infrastructure will accommodate the infill development. 6. The proposed use shall not negatively impact existing uses in the area or in the City. Existing uses in the area include commercial, multi-family and single-family. This use will not negatively impact existing uses. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Vicinity, Aerial, and Small Area Map 3. Background Information 4. Applicant's Supporting Information 5. Site Plan 6. Landscape Plan Page 491 of 506 Ordinance Form 08-27-19 ORDINANCE NO. _______ AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT PURSUANT TO APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 3, “DEVELOPMENT REVIEW PROCEDURES,” SECTION 3.6, “CONDITIONAL USE PERMITS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AND OTHER APPLICABLE PROVISIONS THEREOF, APPROVING A CONDITIONAL USE PERMIT AFFECTING CERTAIN PROPERTIES LOCATED AT 213-219 HOLLEMAN DRIVE EAST AND AS DESCRIBED BELOW FOR THE USE OF GROUND FLOOR MULTI-FAMILY RESIDENTIAL USES; 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 a conditional use permit be granted in accordance with Appendix A, “Unified Development Ordinance,” Article 3, “Development Review Procedures,” Section 3.6, “Conditional Use Permit,” of the Code of Ordinances of the City of College Station, Texas, and other applicable provisions thereof as set out in Exhibit “A,” Exhibit, “B,” and Exhibit “C” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 492 of 506 Ordinance No. _______ Page 2 of 5 Ordinance Form 08-27-19 PASSED, ADOPTED and APPROVED this 24th day of August, 2023. ATTEST: APPROVED: ___________________________________ ___________________________________ City Secretary Mayor APPROVED: ___________________________________ City Attorney Page 493 of 506 Ordinance No. _______ Page 3 of 5 Ordinance Form 08-27-19 Exhibit A That the following conditional use permit be granted in accordance with Appendix A, “Unified Development Ordinance,” Article 3, “Development Review Procedures,” Section 3.6, “Conditional Use Permits,” of the Code of Ordinances of the City of College Station, Texas, and other applicable provisions. That the property located at 213-219 Holleman Drive East (Pooh’s Park, Block 4, Lot 7-10) is granted a Conditional Use Permit for a ground floor residential use and Multi-Family development. Conditional Use Permit Conditions: 1. No public access shall be allowed onto George Bush Drive East, but rather the installation of Grasscrete, and a gate with Knox Box for Fire access. 2. The buildings shall have a reduced building setback on Holleman Drive East, with pedestrian access from the units to existing sidewalks to be in-line with the intended urban form of the zoning district. 3. The development shall conform to the site and landscape plans as depicted in Exhibit B and Exhibit C. Page 494 of 506 Ordinance No. _______ Page 4 of 5 Ordinance Form 08-27-19 Exhibit B Page 495 of 506 Ordinance No. _______ Page 5 of 5 Ordinance Form 08-27-19 Exhibit C Page 496 of 506 Page 497 of 506 Page 498 of 506 Page 499 of 506 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: August 17, 2023 Advertised Council Hearing Date: August 24, 2023 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: 24 Contacts in support: None at the time of this report 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 Neighborhood Center WPC Wolf Pen Creek Multi Family South Major Collector GC General Commerical Holleman Dr E (2 lane Major Collector) East Neighborhood Center WPC Wolf Pen Creek Multi Family West Major Collector GC General Commerical George Bush Dr E (2 lane Major Collector) DEVELOPMENT HISTORY Annexed: August 1958 Zoning: R-1 Single Family Residential (upon annexation 1958) WPC Wolf Pen Creek (December 1988) Final Plat:Poohs Park Site Development:Undeveloped. Page 500 of 506 Page 1 of 3 CONDITIONAL USE PERMIT APPLICATION SUPPORTING INFORMATION HIGHPOINT APARTMENTSName of Project: 213 HOLLEMAN DR EAddress: Legal Description:POOH'S PARK, BLOCK 4, LOT 7 Applicant::J4 ENGINEERING Property Owner:TEDDY JED LLC Detailed explanation of the proposed use: The proposed development is one, 3-story apartment building with 24, 2-bedroom units and 6, 1-bebroom units for a total of 30 units. All three floors will be apartment units with no mixed use. Explain how the proposed use will meet the purpose and intent of the UDO and how it will meet all of the minimum standards: At this point in time, City Staff has reviewed and confirmed that the Site Plan and associated construction plans have met all UDO and design requirements. Explain how the proposed use is consistent with the Comprehensive Plan: The Comp Plan shows this site to be within a Neighborhood Center which is defined as 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. Our site is small at just over 1 acre in size that is an in-filling project with similar neighboring developments utilizing a residential component. We have enhanced pedestrian access onsite that is integrated with the existing public access to provide walkability within the neighborhood and adjacent commercial developments. Explain how the proposed use is compatible with the surrounding areas: This development is surrounded on two sides by The Arbors Apartments which is an 8-acre development of 10 buildings that are the same produce as the Highpoint Apartments. Across Holleman Drive from the site is The Estates of College Station which is a 5.6-acre development of 60 individual residential units. Across George Bush Drive from the site is Wolf Pen Plaza which is a 15-acre commercial development of big box and strip retailers. Therefore, the contiguous neighbor is the same apartment product proposed and the surrounding developments all meet the desired Neighborhood Center mixed-use definitions. Page 501 of 506 Page 2 of 3 Explain how the proposed site plan and circulation plan will be harmonious with the character of the surround area: The site is located at the corner of Holleman and George Bush Drive which are both major collectors. Public access to the site will be via Lassie Lane which is a local street and all parking will be in rear, behind the building which screens it from view of Holleman Drive. Additional, no public access will be allowed from George Brush Drive, only emergency access. Explain how the infrastructure impacts will be minimized, including traffic impacts: With no direct public access to Geroge Bush or Holleman Drives, there will be no traffic impacts. As mentioned before, both Geroge Bush Drive and Holleman Drive are major collectors which have been designed for higher traffic volumes. All public water and sewer infrastructure is existing and all of which are larger than the minimum design requirements, being master planned and designed for complete build-out of the area. Explain the effects the use will have on the environment: The proposed development will utilize rear entry access and parking which screens this area from view of the Right-of-Way. In addition, enhanced landscaping and streetscaping is provided along both George Bush and Holleman Drives. These two elements combined, allow for the development of the site while maintaining an appearance consistent with the Wolf Pen Creek Master Plan and the development corridor as an active and passive recreational area. For Night Clubs, Bars, or Taverns: approximate the distance to the nearest residential area and indicate the housing type: N/A. For Night Clubs, Bars, or Taverns: estimate the noise levels produces from the proposed use as heard from all property lines: N/A. For Night Clubs, Bars, or Taverns: approximate the distance to the nearest church, school, or hospital from the front door, along property lines, to the front door: N/A. For Mobile Food Courts, approximate the distance to the nearest single-family, duplex, or townhouse zoning districts: N/A. Page 502 of 506 Page 3 of 3 For Long-Term Mobile Food Courts only, are alcohol sales proposed? If yes, approximate the distance to the nearest church, school or hospital from the front door, along property lines, to the front door: N/A. Page 503 of 506 Page 504 of 506 General Notes: PO Box 5192 - Bryan, Texas - 77805 979-739-0567 www.J4Engineering.com Firm# 9951 L1 Landscape Plan J4 Engineering08/02/2023The Apartments at Wolf Pen-Site Plan 2.dwgJ4E Project # 20-097As Noted July 2023 High Point Apartments Pooh's Park Block 4, Lots 7 (Pt of), 8, 9,& 10 ~1.02 AC College Station, Brazos County, Texas Page 505 of 506 August 24, 2023 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, Bond Citizens Advisory 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 506 of 506