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HomeMy WebLinkAbout01/23/2025 - Regular Agenda Packet - City CouncilCollege Station, TX CITY OF COLLEGE STATION Home of Texas A&M University® January 23, 2025 Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: www.microsoft.com/microsoft-teams/join-a-meeting Meeting ID: 287 987 474 1751 Passcode: gZw5cS Phone: 469-480-7460 1 Phone Conference: 168 564 318# 4:00 PM City Hall Council Chambers 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. 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. b. The City of College Station v. The Public Utility Commission of Texas, Cause No. D-1-GN-24- 005680 in the 200th District Court, Travis County, Texas. c. Texas A&M University System v. BVGCD, et al, Cause No. 24-002626-CV-472, in the 472nd District Court, Brazos County. d. Legal advice related to utility services and abatement regarding multifamily properties generally located between Harvey Road and Dominik Drive and between Holleman Drive and Anderson Street. e. Legal advice regarding ordinance violations by allowing more than four unrelated individuals to reside in a single-family dwelling unit. 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 taken will be in public. The following subject(s) may be discussed: College Station, TX Page 1 Page 1 of 270 City Council a. Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. b. Approximately 1.5 acres of land located 301 Patricia Street and review of the sealed bids submitted under bid number 24-073. c. Approximately 8 acres of land located at 1508 Harvey Road. d. Approximately 300 acres generally located at Corporate Parkway and Midtown Drive 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 Secretary b. Council Self Evaluation 2.4. Economic Incentive Negotiations (Gov't Code Section 551.087); Possible action. The City Council may deliberate on commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the city which the City Council in conducting economic development negotiations may deliberate on an offer of financial or other incentives for a business prospect. After executive session discussion, any final action or vote taken will be in public. The following subject(s) maybe discussed: a. Economic development agreement for a University Drive East and Tarrow Street. b. Economic development agreement for a University Drive and College Avenue. c. Economic development agreement with Kalon Biotherapeutics LLC. development generally located at the intersection of development generally located at the intersection of Fujifilm Diosynth Biotechnologies Texas, LLC, f/k/a 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. Comments should not personally attack other speakers, Council or staff. 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. Presentation - Proclamations, Awards, and Recognitions. 5.1. Presentation proclaiming the month of February 2025 as Walk Across Texas Month. Page 2 January 23, 2025 Page 2 of 270 City Council Sponsors: Barbara Moore Attachments: 1. 25 Walk Across Texas! 6. 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. 7. 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. 7.1. Presentation, discussion, and possible action of minutes for: • January 9, 2025 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM010925 DRAFT Minutes 7.2. Presentation, discussion, and possible action regarding the second and final renewal of the annual Price Agreement for electric fiberglass composite distribution poles with Techline, Inc. for $1,648,379.71. Sponsors: Timothy Crabb Attachments: 1. 2330034R2 Techline Dist Poles Pricing 2. 23300342_R2--LKP_(CC_1.23.25) 7.3. Presentation, discussion, and possible action on an aid -in -construction agreement with Bryan Texas Utilites (BTU), in the amount of $165,508.30 for overhead power upgrades for the Water Wells 10,11,12 and Collection Line project. Sponsors: Jennifer Cain Attachments: 1. Well 10, 11, 12 BTU Construction Agreement - 2403-R-50924 5522 Sims Lane Cutoff 2. Wells 10, 11, 12 BTU Cost Letter(Simms Lane) 3. Well 10, 11, 12 Sims Lane Cutoff -revised 4. Well 10, 11, 12 ROW Easement(Simms Lane) 5. Wells 10,11,12 and Collection Line 7.4. Presentation, discussion, and possible action on a Professional Services Contract with Freese and Nichols, Inc (FNI) for $3,681,493 for the design and construction administration for the Carter Creek Wastewater Treatment Plant Improvements Project and a Resolution declaring intention to reimburse certain expenditures with proceeds from debt. Sponsors: Jennifer Cain Attachments: 1. CCWWTP Improvements DRR 1-23-25 2. CCWWTP Improvements Map 3. CCWWTP Improvements Design Contract Vendor Signed 7.5. Presentation, discussion, and possible action regarding a resolution authorizing the submission of the Texas Parks and Wildlife Department Recreational Trails Grant application in the amount of $300,000 for Texas Independence Park. Sponsors: Kelsey Heiden Attachments: 1. Grant Resolution TPW Page 3 January 23, 2025 Page 3 of 270 City Council 7.6. Presentation, discussion, and possible action regarding the City's Indefinite Delivery/ Indefinite Quantity (IDIQ) where identified firms will provide on -call, as needed, professional services to the City for Onsite Construction Representation. Sponsors: Jennifer Cain Attachments: None 7.7. Presentation, discussion, and possible action on the second and final renewal of an annual price agreement with BPI Materials, LLC not to exceed $2,105,000 for the purchase of Type D Hot Mix Asphalt. Sponsors: Emily Fisher Attachments: 1. Original Bid Tabulation 2. Updated Unit Costs 3. 23300245R2--BW (CC 01.09.25) 7.8. Presentation, discussion, and possible action on a professional services contract with Freese and Nichols, Inc. in the amount of $240,000 for a Regional Pumping and Regulatory Requirements Analysis to assess the effects of proposed regional groundwater pumping from the Simsboro aquifer on College Station's wells. Sponsors: Gary Mechler Attachments: 1. Contract #25300226 8. Workshop Agenda. 8.1. Presentation, discussion, and possible action related to the Capital Improvement Projects (CIP) update. Sponsors: Jennifer Cain Attachments: None 8.2. Presentation, discussion, and possible action regarding the creation of a council subcommittee on legislative affairs. Sponsors: Ross Brady Attachments: None 9. Regular Agenda. 9.1. Public Hearing, presentation, discussion, and possible action on Budget Amendment Number 1 amending the budget for Fiscal Year 2024-2025 for $14,718,759. Sponsors: Mary Ellen Leonard Attachments: 1. FY25 Budget Amendment #1 Ordinance 2. FY25 Encumbrance Roll Summary 9.2. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Mixed Residential to General Commercial for approximately 1.047 acres at 3423 Cain Road and 3197 Holleman Drive South. Sponsors: Jeff Howell Attachments: 1. Ordinance 2. Aerial and Small Area Map 3. Comprehensive Plan Exhibit 4. Background Information 5. Applicant's Supporting Information 6. Comprehensive Plan Amendment Map Page 4 January 23, 2025 Page 4 of 270 City Council 9.3. 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 R Rural & T Townhouse to T Townhouse (2.253 acres) & GC General Commercial (1.047 acres) for approximately 3.30 acres at 3417 & 3423 Cain Road and 3197 Holleman Drive South, generally located east of the intersection of Holleman Drive South and Cain Road. Sponsors: Jeff Howell Attachments: 1. Ordinance 2. Aerial and Small Area Map 3. Rezoning Exhibit 4. Background Information 5. Applicant's Supporting Information 6. Rezoning Map 7. Existing Future Land Use Map 9.4. Presentation, discussion, and possible action on Amendment No. 1 to the professional services contract with The Broussard Group, Inc. dba TBG Partners, not to exceed $949,820 for the design and construction observation of Mabel Clare Thomas Park and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. Sponsors: Jennifer Cain Attachments: 1. Mabel Clare Thomas Park Redevelopment DRR 1-23-25 2. 23300656 Original Design Contract -Broussard Group -Thomas Park_ Executed_8-22-2023 3. Mabel Clare Thomas Park TBG Amendment 1 Vendor Signed 9.5. Presentation, discussion, and possible action on a deductive closeout change order with Vaughn Construction for $10,960,655.48 for the cancelled construction contract on the Texas Independence Ballpark project. Sponsors: Jennifer Cain Attachments: 1. TIBP Vaughn Closeout Change Order 9.6. Presentation, discussion, and possible action on the appointment of City Council members and Planning and Zoning Commissioners to the 2025 Comprehensive Plan Evaluation Committee. Sponsors: Anthony Armstrong Attachments: None 9.7. Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions. • Architectural Advisory Committee • Arts Council • Audit Committee • BCS Library Board • CDBG Public Service Agency Funding Review Committee • Historic Preservation Committee • Parks and Recreation Board (Chair Only) • Spring Creek Local Government Corporation Sponsors: Tanya Smith Attachments: None Page 5 January 23, 2025 Page 5 of 270 City Council 10. Items of Community Interest and Council Calendar. Items of Community Interest and Council Calendar: The Council may discuss upcoming events and 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 January 17, 2025 at 5:00 p.m. City Secr ary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary's Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code & 30.07. Trespass by License Holder with an Openly Carried Handqun. Page 6 January 23, 2025 Page 6 of 270 City Council "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." Codiqo 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 January 23, 2025 Page 7 of 270 January 23, 2025 Item No. 5.1. Brazos County Walk Across Texas Proclamation Sponsor: Barbara Moore, Assistant to the City Manager Reviewed By CBC: City Council Agenda Caption: Presentation proclaiming the month of February 2025 as Walk Across Texas Month. Relationship to Strategic Goals: Good Governance Recommendation(s): Present the Brazos County Walk Across Texas team with a proclamation. Summary: The Brazos County Walk Across Texas team will encourage our local community to participate in the Walk Across Texas fitness event that begins on January 25, 2025 and ends on March 21, 2025. Budget & Financial Summary: N/A Attachments: 1. 25 Walk Across Texas! Page 8 of 270 7 _Trot oration WHEREAS, it is never too late to start an active lifestyle. No matter how old you are, how unfit you feel or how long you have been inactive, research shows that starting a more active lifestyle now through regular, moderate activity can make you healthier and improve your quality of life; and WHEREAS, regular physical activity reduces the risk of dying of coronary heart disease, the nation's leading cause of death and decreases the risk of strike, colon cancer, diabetes and high blood pressure; and WHEREAS, regular physical activity also helps to control weight; contributes to healthy bones, muscles and joints; reduces the symptoms of anxiety and depression and is associated with fewer hospitalizations, physician visits and medications; and WHEREAS, people of all ages benefit from participating in regular physician activity, such as 30 minutes of brisk walking five or more times a week; and WHEREAS, Walk Across Texas! is an eight -week physical activity program with one goal — to increase your physical activity level. Walk Across Texas! uses friendly competition and group support to encourage adults and youth to become physically active. NOW, THEREFORE, I, John P. Nichols, Mayor of College Station, Texas do hereby proclaim, January 25, 2025 to March 21, 2025, as: 8 WEEKS OF FUN AND FITNESS and urge all citizens to participate in Walk Across Texas! and increase their physical activity level. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas this 23rd day of January 2025. Attest: Tanya Smith City Secretary p `� John P. Nichols Mayor Page 9 of 270 January 23, 2025 Item No. 7.1. January 9th Meeting Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • January 9, 2025 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM010925 DRAFT Minutes Page 10 of 270 MINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JANUARY 9, 2025 STATE OF TEXAS COUNTY OF BRAZOS Present: John Nichols, Mayor Council: Mark Smith William Wright David White Melissa McIlhaney Bob Yancy Scott Shafer Citv 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 4:01 p.m. on January 9, 2025, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. Councilmember Cunha was absent. 2. Executive Session Agenda. In accordance with the Texas Government Code §551.07 1 -Consultation with Attorney, §551.072-Real Estate, §551.074-Personnel, and §551.087- Economic Incentive Negotiations and the College Station City Council convened into Executive Session at 4:01 p.m. on January 9, 2025, to continue discussing matters pertaining to: 2.1. Consultation with Attornev to seek advice regarding vending or contemplated litigation, to wit: • 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 • The City of College Station v. The Public Utility Commission of Texas, Cause No. D-1-GN- 24-005680 in the 200th District Court, Travis County, Texas; and • Texas A&M University System v. BVGCD, et al, Cause No. 24-002626-CV-472, in the 472nd District Court, Brazos County. CCM 010925 Minutes Page 1 Page 11 of 270 • Legal advice regarding the process to acquire property needed for the Water Well 10 Access Easement. 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. • Approximately 1.5 acres of land located 301 Patricia Street and review of the sealed bids submitted under bid number 24-073. • Approximately 8 acres of land located at 1508 Harvey Road. • Approximately 300 acres generally located at Corporate Parkway and Midtown Drive in the Midtown Business Park. 2.3. Deliberation on the appointment, emvlovment, evaluation, reassignment, duties, discipline, or dismissal of a public officer, to wit: • Construction Board of Adjustments • Planning and Zoning Commission • Zoning Board of Adjustments • City Secretary • City Manager • Council Self -Evaluation 2.4. Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate. stav or expand in or near the Citv: to wit: • Economic development agreement for a development generally located at the intersection of University Drive East and Tarrow Street. • Economic development agreement for a development generally located at the intersection of University Drive and College Avenue. • Economic development agreement with Fujifilm Diosynth Biotechnologies Texas, LLC, f/k/a Kalon Biotherapeutics LLC. 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and Citv Council will take action, if anv. Executive Session recessed at 6:27 p.m. No action was taken. 4. Pledge of Allegiance. Invocation, consider absence request. 5. Hear Visitors Comments. Scott Lovett, College Station, appeared before the Council about the denial of his ETJ petition on 96 Acres located at Stousland Road. Mr. Lovett believes the Council wrongfully rejecting his petition a few months prior, and he will keep reminding the Council that they are still in violation of state law. Steve Lovett, College Station, came before Council concerning his denial of his SB 2038 related petition last month and believes the Council violated state law by not releasing property. 6. CONSENT ITEMS CCM 010925 Minutes Page 2 Page 12 of 270 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. Anv Councilmember may remove an item from the Consent Agenda for a separate vote. No consent items were pulled for discussion. 6.1. Presentation, discussion, and possible action of minutes for: • December 12, 2024 Council Meeting • December 17, 2024 Special Meeting 6.2. Presentation, discussion, and possible action on an annual contract for gasoline and diesel fuel with Fikes Wholesale, Inc. for one (1) vear, not to exceed $2,500,000. 6.3. Presentation, discussion, and possible action to ratifv a funding agreement with Greater Brazos Partnership for services related to Plug and Plav in the amount not to exceed $250,000. MOTION: Upon a motion made by Councilmember White and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda. The motion carried unanimously. 7. WORKSHOP ITEMS 7.1. Presentation, discussion, and possible action regarding Resolution No. 01-09-25-7.1 establishing the Citv's legislative program for the 89th session of the Texas Leeislature. Jennifer Rodriguez, Attorney at Law, provided an update outlining what can be expected to occur during the 2025 legislative session, which bills are likely to impact local governments, and ways in which the city can participate in the legislative process. Current legislators and legislators -elect filed bills in advance of the legislature convening January 14th and as of January 9th there are 1809 House bills and 752 Senate bills filed with March 14th being the last day to file new bills. Ross Brady, Assistant to the City Manager, stated that the City's legislative program directs the City Manager and staff to support or oppose issues likely to arise during the 89th Legislative Session, and to communicate those stances to members of the Texas Legislature. Staff request Council direction on the proposed positions outlined: • Local Control • Protecting Water Resources • TxDOT Funding for pedestrian crossings on University Drive • ETJ Regulations • HOT funding for a convention center MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 01-09-25-7.1 establishing the City's legislative program for the 89th session of the Texas Legislature, with the addition of language that makes an exception to the opposition of revenue and/or tax caps without sustainable offsetting revenue. The motion carried unanimously. 8. REGULAR ITEMS CCM 010925 Minutes Page 3 Page 13 of 270 8.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4568 amending Appendix A. Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the Citv of College Station, Texas by changing the zoning district boundary from R-4 Multi-Familv to MF Multi-Familv for approximately 2.018 acres at 550 Fraternity Row, being Lot 1, Block 70 of the Southwood Vallev Phase 28 Subdivision, generally located at of the intersection of Fraternitv Row and Deacon Drive. Gabriel Schrum, Planning and Development, stated that this request is to rezone approximately 2.018 acres of land located at 550 Fraternity Row from the retired zoning district R-4 Multi -Family to a current zoning district of MF Multi -Family. The subject property was originally platted in 1972 and has been utilized as a fraternity house up into the recent past in which it has sat vacant. The applicant intends to rezone the lot for Dormitory use providing housing for the residents with a common kitchen, restrooms, living rooms, and overall gathering space. They will also provide an office space within the structure which would not have been allowed by the retired R-4 zoning district. This item was heard at the January 2, 2025 Planning and Zoning Commission meeting where the Commission voted 5-0 to recommend approval. At approximately 7:16 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 7:16 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Williams, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025- 4568, amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R-4 Multi -Family to MF Multi -Family for approximately 2.018 acres at 550 Fraternity Row, being Lot 1, Block 70 of the Southwood Valley Phase 28 Subdivision, generally located at of the intersection of Fraternity Row and Deacon Drive. The motion carried unanimously. 8.2. Presentation, discussion, and possible action regarding Resolution No. 01-09-25-8.2 creating a Housing Plan Advisory Committee. David Brower, Community Services Analysis, stated that Council adopted the Housing Action Plan as an amendment to the Comprehensive Plan at their September 26, 2024, meeting which has sunset because the duties of the committee was completed. The two main overarching goals of the Housing Action Plan are to incentivize the production of more housing units of various types to meet growing demand and to produce and preserve housing that is affordable to community members. The full adopted Housing Action Plan can be found at online. Goal 3, Strategy 8, Action 1 of the Housing Action Plan calls for the creation of a Housing Plan Advisory Committee to provide guidance, support, and direction in the execution of the plan and help with the creation of a Housing Action Plan Annual Progress Report. The proposed resolution would create a Housing Plan Advisory Committee with seven members serving staggered three-year terms. The Committee would meet quarterly. If adopted, staff will solicit applicants for the Committee for Council to consider for appointment in early Spring. MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember McIlhaney, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 01- 09-25-8.2 creating a Housing Plan Advisory Committee. The motion carried unanimously. CCM 010925 Minutes Page 4 Page 14 of 270 8.3. Presentation, discussion, and possible action regarding a real estate contract with The Corinth Group, Inc. for the sale of approximately 13 acres, with the option to purchase the remaining approximate 15 acres, in the Midtown Business Park at the intersection of Corporate Parkwav and State Highwav 6 in the amount of $8.00 per square foot. The final square footage of the property and City's remaining property will be identified on the approved replat. Michael Ostrowski, Chief Development Officer, stated the City entered into a brokerage services contract with Oldham Goodwin Group, LLC (OGG) on May 13, 2024. Over the past several months, OGG provided various marketing and listing services for the property. They are also coordinating developer interest, prospective offers, and leading to negotiations with Corinth Group, Inc. on the sale of a portion of Block A, Phase One, of the Midtown Business Park for future commercial development. Corinth intends to do a retail development consisting of multiple buildings on the property, along with a plaza area to create a distinctive area, as well as to help activate the property. Mr. Ostrowski explained that to ensure the general layout and design of the property, including the plaza area, a separate development agreement will need to be entered into at a later date. While a conceptual site plan has been provided with the real estate agreement, such plan will change, and a finalized plan will be incorporated into the development agreement. The purchase price of the property is $8 per square foot for approximately 13 acres and includes an option to purchase the City's remaining property for up to eighteen (18) months, commencing at the time the first certificate of occupancy is granted by the City for a building on the property or thirty (30) months after the Closing Date under this Real Estate Contract, whichever occurs first. • Purchase Price: $8/SF • Feasibility Period: 180 days, with an option to extend two additional 30-day periods for an additional $10,000 each extension • Earnest Money: $100,000, of which $50,000 serves as the Contract Fee and is non-refundable Option Fee: $70,000 to exercise the seller's option to purchase the remaining property, credited to the seller at closing of the remaining property MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approve a real estate contract with The Corinth Group, Inc. for the sale of approximately 13 acres, with the option to purchase the remaining approximate 15 acres, in the Midtown Business Park at the intersection of Corporate Parkway and State Highway 6 in the amount of $8.00 per square foot. The motion carried unanimously. 8.4. Presentation, discussion, and possible action regarding planning efforts for the Northgate area, as well as public engagement efforts relating to the potential sale of the Northgate surface parking lot. Regular Agenda Items 8.4 and 8.5 were presented together. 8.5. Presentation, discussion, and possible action regarding a real estate contract with Capstone Collegiate Communities, LLC for the sale of approximately 1.57 acres of land, generally located at 301 Patricia Street in the Northgate District, for $13,000,000. Anthony Armstrong, Planning and Development Director, presented planning efforts for the Northgate area with additional information, including a timeline for the Northgate small area plan and details on public engagement efforts regarding the potential sale of the Northgate surface parking lot. CCM 010925 Minutes Page 5 Page 15 of 270 Project Overview Establish Stakeholder Committee — Existu Conditions Public Feedback Summary and Discussion Transportation and Connectivity Land Use, Regulations, Housing, Retail Recruitment Additional Feedback and Follow Up Council Adoption Michael Ostrowski, Chief Development Officer, stated that in July and August 2024, the City issued a Request for Proposals (RFP) to solicit bids for a redevelopment project and received three proposals. These proposals were evaluated based on the following criteria: • The qualifications and experience of the firms, • The overall value and impact of the proposed redevelopment project, and • The financial benefit to the City, including purchase price, redevelopment value, and ongoing City -related costs. To enhance the area, the city also required that proposals incorporate the following additional components: • A minimum of one hundred (100) parking spaces to be used on an exclusive basis by the City. The city will consider a shared use and revenue agreement for the use of these parking spaces. • Ride share pick-up and drop-off opportunities to serve the surrounding area. • Space for a law enforcement substation that is approximately 3,500 — 5,000 square feet. • Public restroom facilities. • Refuse container storage. • Redevelopment of remaining property into a public greenspace, plaza, or courtyard, including provisions for its operation and maintenance. Considerations • Enhance the Northgate District through additional financial investment, creating a distinctive and unique public space • Provide additional space for residents to meet the growing population • Attract visitors • Provide additional activity within the area to support existing and future commercial establishments • Replace and enhance the public parking area • Impact during construction • Create an ongoing revenue source for services and improvements • Locate a law enforcement substation in the heart of Northgate CCM 010925 Minutes Page 6 Page 16 of 270 • Provide rideshare opportunities • Provide enhanced public restrooms Mr. Ostrowski explained that after reviewing the submissions, staff recommended entering into a real estate agreement with Capstone Collegiate Communities, LLC for the purchase price of $13 million, and the construction of a multi -story mixed -use building. Furthermore, following the real estate agreement, a development agreement will be negotiated, covering the design and construction of a public plaza, pedestrian amenities, enclosed trash collection, and other site improvements. Mayor Nichols recessed the meeting at 9:32 p.m. The meeting resumed at 9:39 p.m. Mayor Nichols opened for Citizen Comments. Item 8.4 Sneakers: James Benham, College Station, requested Council to vote no to the proposal and vote yes for preserving the character of Northgate. This development is not compatible with Northgate, it will kill all the businesses in Northgate, Dan Daniel, College Station, came before Council with concerns on this proposal. He believes that voting for the sale of this lot puts the cart before the horse and that council should take public input before deciding on a plan. Riley Pritzlaff, College Station, came before Council as a Texas A&M student to voice his opposition to this development. He believes that more student housing is needed but does not belong in Northgate. Alex Long, College Station, came before Council regarding his history of selling his property 3 years ago around Dixie Chicken. He believes that the economics presented by the potential developer do not work and the project does not make financial sense as presented. Samantha Caddenhead, Bryan, came before Council as a mom of two kids that went to Texas A&M. She presented statistics of aggravate assaults in this area and stated that students are not the problem in Northgate but the reason the city is so full of spirit. She is against changing the character of Northgate and opposes the sale. RaeLee Caddenhead, Bryan, stated she graduated in 2020 and came before Council to speak about her experience living in College Station as a student and opinions on why students choose to live in neighborhoods and developments that are not high-rise buildings. She urges a vote against the sale of the parking lot in Northgate. Lisa Bradway, Bryan, stated she believes the contract should be delayed until more information is provided. She is concerned about traffic flow and safety with 3 projects happening at the same time in a small area. Bob Brick, College Station, came before Council regarding the height limitation and believes that anything over 10 stories in the heart of Northgate would not be compatible. CCM 010925 Minutes Page 7 Page 17 of 270 Nan Crouse, College Station, came before Council to state her opposition to the development because, as the saying goes, once you build it that will come. This, along safety and traffic issues, are reasons to put a hold on this sale and get it right. Andreas Dallis, College Station, stated that he and his brother own the Backyard in Northgate and are not in favor of the redevelopment. He stated that we need a local developer, community input, and a plan that supports the current character of Northgate. Mark Bayliss, College Station, stated that getting this wrong would never be forgiven. He urges council to table the sale and talk with the stakeholders to make a better decision for the future of Northgate. Dallas Shipp, College Station, came before Council to talk about what Northgate means to him, state that the area belongs to Aggies everywhere, and urges Council vote no to this project and protect the integrity of Northgate. Chris Scotti, Bryan, told Council that he understands how hard these decisions are from his time on that Council and working with the Northgate Association. He believes to move forward with the stakeholder portion Council must table the surface lot. Phillip McAughan, College Station, spoke before the council to promote the renovation of the Northgate parking lot. He is a Texas A&M alumnus who still lives in College Station and believes the city is in a housing crisis which redevelopment of the lot could help alleviate. He stated that development of the property will not bring about an end to Northgate but turning it into a museum for old Aggies will. Bella Gonzalez, College Station, stated her opposition to this redevelopment, stated she recently lost her job and Hurricane Harry's and Northgate is being bought by new development coming to the area. Hunter Goodwin, College Station, came before Council to state that his organizations plan has lowest density vertically and horizontally because they know what the locals want. He stated that being local enables him to know and understand the concerns and needs of the area, which is why he opposes the presented plan. Tina Duncan, College Station, stated that she is here to represent the 16,000 individuals who signed a petition to conserve Northgate and honor its identity. This redevelopment will steal the Northgate experience from future generations. Debi Boyett, Bryan, came before Council to state her concerns in Northgate and how it will not survive with this small area plan. 8.5 Speakers: Justin Manning, Bryan, stated that Northgate is not about drinking it's about memories, this is the heart and sole of the community. There needs to be a plan before allowing the largest bidder to come in and change everything. He requested Council to deny this bid and restart the process. Barry Ivins, College Station, stated he is not against redevelopment but believes this project needs be reimagined and a plan brought forward from the community. CCM 010925 Minutes Page 8 Page 18 of 270 Dion McInnis, Bryan, stated that significance of the small 2-acre property is why it is so important that change be compatible with future of Northgate. Cortney Phillips, College Station, stated her concerns on the Northgate small area plan and asked when does the stakeholder input matter if the lot is sold. She went on that she is not opposed to new development but opposed to the redevelopment as presented by Capstone. There being no further comments, Citizen Comments was closed. (8.4) MOTION: Upon a motion made by Councilmember McIlhaney and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approve planning efforts for the Northgate area, as well as public engagement efforts relating to the potential sale of the Northgate surface parking lot, with drilling down into the entertainment district. The motion carried unanimously. (8.5) MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Wright, the City Council voted two (2) for and five (5) opposed, with Mayor Nichols and Councilmember White, McIlhaney, Yancy, and Shafer voting against, to approve a real estate contract with Capstone Collegiate Communities, LLC for the sale of approximately 1.57 acres of land, generally located at 301 Patricia Street in the Northgate District, for $13,000,000. The motion failed. 8.6. Presentation, discussion, and possible action regarding a HOME Investment Partnership Program funding agreement in the amount of $249,000 with Elder Aid, Inc. for the acquisition and rehabilitation of 1116 Detroit for use as an affordable rental unit for an income qualified elderly household. Raney Whitwell, Community Services Analysis, stated that a Request for Proposal for the Development of Affordable Housing was released on November 19, 2024 and closed on December 5, 2024. One response was received from Elder Aid, Inc. Elder Aid's proposal included funding for the acquisition and rehabilitation of a 2-bedroom house located at 1116 Detroit. Upon completion of the rehabilitation, the dwelling will be utilized for affordable, elderly rental housing. The property will be maintained by Elder Aid for 20 years as an affordable rental unit and a Land Use Restriction Agreement will be utilized as the legal mechanism to ensure affordability. HOME Investment Partnership Program (HOME) grant funds are included in the FY2025 Community Development budget for acquisition and rehabilitation activities. Elder Aid will provide in -kind match through volunteer hours, which is monetized at approximately $18,000. HOME requires a 50% match in FY2025. Elder Aid is currently the only organization partnering with the City of College Station which provides volunteer hours as a match. Elder Aid works to minimize the stress of 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 $3,315,329 to acquire and rehabilitate 29 rental units. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to approve a HOME Investment Partnership Program funding agreement in the amount of $249,000 with Elder Aid, Inc. for the acquisition and rehabilitation of 1116 Detroit for use as an affordable rental unit for an income qualified elderly household. The motion carried unanimously. CCM 010925 Minutes Page 9 Page 19 of 270 8.7. Presentation, discussion, and possible action regarding Ordinance No. 2025-4569 creating a Tourism Committee and repealing Resolution No. 09-09-21-9.6 relating to the creation of the Tourism Advisory Committee. Michael Ostrowski, Chief Development Officer, stated that on September 9th, 2021, the Council voted to create the Tourism Advisory Committee via resolution 09-09-21-9.6. On January 11 th, 2024, the City Manager brought a report to the Council regarding the efforts, goals, and purpose of the Tourism Advisory Committee. The purpose of the 10-14 member group was to promote and enhance the tourism industry in College Station by consulting and advising the City Manager and staff regarding overall tourism strategy. On October 24, 2024, the Council asked staff to bring back an ordinance for discussion regarding a council -appointed committee on tourism efforts. Mr. Ostrowski explained that the City Council establishes and created a Tourism Committee to promote and enhance the College Station tourism industry. The City Council may appoint up to eleven (11) voting members. Voting members must be residents of the City of College Station. The term of office is three (3) years. Vacancies are filled by the City Council for unexpired terms of vacant positions. A chairperson is appointed annually by the City Council and a vice -chairperson is selected annually by the Committee. (a) Voting Membership Representation. The City Council may appoint members from the following areas: i. Three (3) members to represent the lodging and accommodations industry. ii. One (1) member to represent the food and beverage establishment industry. iii. One (1) member to represent the retail industry. iv. One (1) member to represent the attractions industry. V. One (1) member to represent the arts industry. vi. One (1) member to represent the Northgate District. vii. Three (3) members to represent tourism related areas of the Council's discretion. (b) Non -Voting Ex-Officio Membership Representation. The following members may serve as non -voting ex-officio members: i. Texas A&M University President's Office, appointed by Texas A&M. ii. Texas A&M University Athletics Department, appointed by Texas A&M. iii. College Station Chief Development Officer. iv. College Station Assistant Director of Tourism. V. College Station Director of Parks & Recreation. MOTION: Upon a motion made by Councilmember White and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025-4569 creating a Tourism Committee and repealing Resolution No. 09-09-21-9.6 relating to the creation of the Tourism Advisory Committee. The motion carried unanimously. 8.8. Presentation, discussion, and possible action on Resolution No. 01-09-25-8.8 of the Citv Council of the Citv of Colleee Station, Texas, determining that an access easement containing approximately 1.113 acres is needed and needs to be acquired from the landowner, for an access road as a part of the Colleee Station Water Well 10 Proiect for the City of Colleee Station, Texas, and authorizing the institution of eminent domain proceedings. Adam Falco, City Attorney, stated that College Station is planning to drill three water wells on City - owned land in Brazos County generally located off Sandy Point Road and OSR to serve the City's municipal water supply. Staff met with the landowners and with their attorney to discuss the Well No. 10 project. Access through the landowner's property is needed to access the Well 10 site because CCM 010925 Minutes Page 10 Page 20 of 270 access is blocked by the railroad and the Little Brazos River. Negotiations with the landowners have failed, and acquisition by eminent domain is needed to acquire the access easement. Mr. Falco explained that the overall project involves the design and construction of three new water wells and a collection line in the well field. Each well will have a pumping capacity of 3,300 gpm and will be operated using a motor control cabinet, a variable frequency drive, and a generator for backup power. The project will also include building internal access roads and power distribution. The project will also build approximately 12,000 linear feet of collection line between the three wells and the tie in point along Sandy Point Road. Coordination with BTU, Union Pacific and TxDOT is needed for power, access, and utility work. The Final Offer for the access easement was $ 39,915.00, which was based on an appraisal report completed by Allen, Williford, and Seale, INC. The City and landowners have not been able to settle upon the cash fair market value and damages, for the access easement. A combined budget of $69,300,000 is available in the Water Capital Improvement Projects Fund. 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 approve Resolution No. 01-09-25-8.8 determining that an access easement containing approximately 1.113 acres is needed and needs to be acquired from the landowner, for an access road as a part of the College Station Water Well 10 Project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. The motion carried unanimously. 8.9. Presentation, discussion, and uossible action reearding appointments to the following boards, committees and commissions. • Construction Board of Adjustments • Planning and Zoning Commission • Zoning Board of Adjustments • Bicycle, Pedestrian, and Greenways Advisory Board • Design Review Board • Historic Preservation Committee • Parks and Recreation Board Tanya Smith, City Secretary, presented the following boards, committees and commissions to the Council for their determination on applicants. Planning and Zoning Commission • Position 1 for 3-yr term —David Higdon • Position 2 for 3-yr term — Marcus Chaloupka • Position 6 for 2-yr unexpired term — Michael Buckley • Position 7 for 2-yr unexpired term — Tre Watson • Chair — Jason Cornelius MOTION: Upon a motion made by Councilmember McIlhaney and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve Planning & Zoning Commission appointments as stated. The motion carried unanimously. Zoning Board of Adjustments • Position 3 for 2-yr term — James Hutchins • Position 5 for 1-yr unexpired term — Jaymeson Faith Hacker • Open board to received application for remainder of vacancies. CCM 010925 Minutes Page 11 Page 21 of 270 MOTION: Upon a motion made by Councilmember Williams and a second by Councilmember White, the City Council voted seven (7) for and none (0) opposed, to approve Zoning Board of Adjustments appointments as stated. The motion carried unanimously. Construction Board of Adjustments • Position 3 for 3-yr term — Mark C. Benton • Position 4 for 3-yr term — Michael Martinez • Alternate 1 for 1-yr unexpired term Jordan Faust MOTION: Upon a motion made by Councilmember Williams and a second by Councilmember White, the City Council voted seven (7) for and none (0) opposed, to approve Constructions Board of Adjustments appointments as stated. The motion carried unanimously. Bicycle, Pedestrian, and Greenways Advisory Board • Position F for 3-yr term — Matthew Jackson • Position E for 3-yr term — Thomas McCall Woodfin MOTION: Upon a motion made by Councilmember White and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve Bicycle, Pedestrian, and Greenways Advisory Board appointments as stated. The motion carried unanimously. Design Review Board • Position 1 for 3-yr term — Dr. Keith E. Sylvester • Position 2 for 3-yr term — Ray Holiday • Position B for 1-yr unexpired term —Andrew Arizpe MOTION: Upon a motion made by Councilmember Williams and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to approve Design Review Board as stated. The motion carried unanimously. Historic Preservation Committee (HPC coming back on January 23rd due to error in tabulation) • Position 4 for 3-yr term — Tanner J. Holland • Position 5 for 3-yr term — Sherry Frisk • Position 6 for 3-yr term — Lisa Mouton MOTION: Upon a motion made by Councilmember Williams and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to approve Historic Preservation Committee as stated. The motion carried unanimously. Parks and Recreation Board • Position 1 for 3-yr term — Neo Jang • Position 2 for 3-yr term — Cheletia M. Johnson • Position 3 for 3-yr term — Kimberly Topp • Position 5 for 1-yr unexpired term — Andrew Arizpe • Chair — Kevin Bishop MOTION: Upon a motion made by Councilmember Williams and a second by Councilmember White, the City Council voted seven (7) for and none (0) opposed, to approve Parks and Recreation Board as stated. The motion carried unanimously. CCM 010925 Minutes Page 12 Page 22 of 270 MOTION: Upon a motion made by Councilmember White and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to approve Kevin Bishop as Parks and Recreation Board Chair. The motion carried unanimously. 10. Items of Communitv Interest and Council Calendar: The Council may discuss upcoming events and receive reports from a Council Member or Citv Staff about items of communitv interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regardine holidav schedules; honorary or salutary recognitions of a public official, public emplovee, or other citizen; reminders of upcoming events organized or sponsored by the Citv of Colleee Station; information about a social, ceremonial or communitv event organized or sponsored by an entitv other than the Citv of Colleee Station that is scheduled to be attended by a Council Member, another citv official or staff of the Citv of College Station; and announcements involving an imminent threat to the public health and safetv of people in the City of College Station that has arisen after the posting of the agenda. Nothing to report. 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of Citv 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. 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 standine list of council generated future agenda items. A Council Member's or Citv Staffs 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 volicv in response to the request or inquirv. Anv deliberation of or decision about the subiect of a request will be limited to a proposal to place the subiect on the agenda for a subsequent meeting. Councilmember Shafer requests a report and future agenda item on Southgate and events over the last several months. Councilmember Shafer requests a workshop item on detention facilities (water and runoff) and beautification and functional standards. Councilmember McIlhaney request a discussion item on creating an advisory committee for the upcoming legislative session. 13. Adiournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 12:26 a.m. on Friday, January 10, 2025. CCM 010925 Minutes Page 13 Page 23 of 270 John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary CCM 010925 Minutes Page 14 Page 24 of 270 January 23, 2025 Item No. 7.2. Electric Fiberglass Composite Distribution Poles Renewal 2 Sponsor: Timothy Crabb, Director of Electric Reviewed By CBC: N/A Agenda Caption: Presentation, discussion, and possible action regarding the second and final renewal of the annual Price Agreement for electric fiberglass composite distribution poles with Techline, Inc. for $1,648,379.71. Relationship to Strategic Goals: Financial Sustainability Core Services and Infrastructure Recommendation(s): Staff recommends the approval of renewal two of the annual price agreement with Techline, Inc. for an amount not to exceed $1,648,379.71 Summary: Bid #23-027 was originally awarded on February 24, 2023, for Electric Fiberglass Composite Distribution Poles as an Annual Price Agreement with two renewals with Techline, Inc. With the second and final renewal, Techline has requested a unit price increase on three pole sizes of approximately 10% for each. Quantities listed per pole are annual estimates based on historical usage and projected needs. The annual not -to -exceed amount is $1,648,379.71 and Warehouse staff will place orders with Techline for specific units as needed for inventory. Budget & Financial Summary: Funds are available and budgeted within the Electrical Fund. Various capital projects will be expensed as supplies are requisitioned by staff and issued from inventory. Attachments: 1. 2330034R2 Techline Dist Poles Pricing 2. 23300342_R2--LKP_(CC_1.23.25) Page 25 of 270 ITB#23-027 CONTRACT 23300342 ANNUAL PRICE AGREEMENT FOR DISTRIBUTION POLES TECHLINE INC. Renewal 2 Renewal 2 02/24/25 Est. % Increase Item # Description Original Techline Bid Information I Total Price Quantity Unit Pricing Group A - Tangent Fiberglass/Composite I MFG SHAKESPEARE SHAKESPEARE 30' Fiberglass Composite Pole Tangent Delivery 20-22 20-22 A-1 (weeks) Inventory # 285-065-00065 Moment 87922.00 87922.001 Guide # MEI-15822-F-30-0 Unit Price $ 2,618.82 $ 2,618.82 1 15 $ 39,282.35 35' Fiberglass Composite Pole Tangent MFG SHAKESPEARE SHAKESPEARE A-2 Delivery (Weeks) 20-22 20-22 1 Inventory # 285-065-00066 Moment 106757.00 106757.001 Guide # MEI-15822-F-35-0 Unit Price $ 3,000.00 $ 3,000.00 1 15 $ 45,000.00 MFG SHAKESPEARE SHAKESPEARE 40' Fiberglass Composite Pole Tangent A-3 Delivery (Weeks) 20-22 20-22 Inventory # 285-065-00067 Moment 132292.00 132292.001 Guide # MEI-015822-F-40-0 Unit Price $ 3,429.41 $ 3,771.00 1 40 $ 150,840.00 9.96% 45' Fiberglass Composite Pole Tangent MFG SHAKESPEARE SHAKESPEARE A-4 Delivery (Weeks) 20-22 20-22 Inventory # 285-065-00068 Moment 147464.00 147464.001 Guide # MEI-15822-F-45-0 Unit Price $ 3,758.82 $ 4,133.00 40 $ 165,320.00 9.95% 50' Fiberglass Composite Pole Tangent MFG SHAKESPEARE SHAKESPEARE A-5 Delivery (weeks) 20-22 20-22 1 Inventory # 285-065-00069 Moment 146418.00 146418.001 Guide # MEI-15822-F-50-0 Unit Price $ 4,970.59 $ 5,467.00 1 40 $ 218,680.00 9.99% MFG SHAKESPEARE SHAKESPEARE 55' Fiberglass Composite Pole Tangent Delivery 20-22 20-22 A-6 (weeks) Inventory # 285-065-00070 Moment 172911.00 172911.001 Guide # MEI-15822-F-55-0 Unit Price $ 7,047.06 $ 7,047.06 1 40 $ 281,882.35 Group B - Self Supporting Fiberglass/Composite 45' Fiberglass Composite Pole MFG SHAKESPEARE SHAKESPEARE Self -Supporting - 6 Degree Delivery (weeks) 20-22 20-22 1 B 1 Inventory # 285-065-00075 Moment 356466.00 356466.001 Guide # MEI-15822-F45-6 Unit Price $ 8,468.75 $ 8,468.75 1 5 $ 42,343.75 45' Fiberglass Composite Pole MFG SHAKESPEARE SHAKESPEARE Self -Supporting - 12 Degree Delivery (weeks) 20-22 20-22 1 B-2 Inventory # 1 285-065-00076 Moment 509698.00 509698.001 Guide # MEI-15822-F-45-12 Unit Price $ 9,406.25 $ 9,406.25 1 5 $ 47,031.25 45' Fiberglass Composite Pole MFG SHAKESPEARE SHAKESPEARE Self -Supporting - 18 Degree Delivery (weeks) 20-22 20-22 1 B-3 Inventory # 1 285-065-00077 Moment 612095.00 612095.001 Guide # MEI-15822-F-45-18 Unit Price $ 9,956.25 $ 9,956.25 1 5 $ 49,781.25 50' Fiberglass Composite Pole MFG SHAKESPEARE SHAKESPEARE Self -Supporting - 6 Degree Delivery (weeks) 20-22 20-22 B4 Inventory# 285-065-00080 Moment 356289.00 356289.001 Guide # MEI-15822-F-50-6 Unit Price $ 9,487.50 $ 9,487.50 1 5 $ 47,437.50 23-027 TECHLINE INC Pricing Renewal2 2 12/9/2024 Page 26 of 270 ITB#23-027 CONTRACT 23300342 ANNUAL PRICE AGREEMENT FOR DISTRIBUTION POLES TECHLINE INC. Renewal 2 Item # Description 50' Fiberglass Composite Pole B-$ Self -Supporting - 12 Degree Inventory # 1 285-065-00081 Guide # MEI-15822-F-50-12 50' Fiberglass Composite Pole B-6 Self -Supporting - 18 Degree Inventory # 1 285-065-00082 Guide # MEI-15822-F-50-18 55' Fiberglass Composite Pole B-7 Self -Supporting - 6 Degree Inventory # 1 285-065-00085 Guide # MEI-15822-F-55-6 55' Fiberglass Composite Pole Self B-8 Supporting - 12 Degree Inventory # 1 285-065-00086 Guide # MEI-15822-F-55-12 55' Fiberglass Composite Pole Self- B-9 Supporting - 18 Degree Inventory # 1 285-065-00087 Guide # MEI-15822-F-55-18 60' Fiberglass Composite Pole B-10 Self -Supporting - 6 Degree Inventory # 1 285-065-00090 Guide # MEI-15822-F-60-6 60' Fiberglass Composite Pole B-11 Self -Supporting - 12 Degree Inventory # 1 285-065-00091 Guide # MEI-15822-F-60-12 60' Fiberglass Composite Pole Self B-12 Supporting - 18 Degree Inventory # 1 285-065-00092 Guide # MEI-15822-F-60-18 Original Techline Bid Information MFG SHAKESPEARE Delivery (weeks) 20-22 Moment 560592.00 Unit Price $ 11,056.25 $ MFG SHAKESPEARE Delivery (weeks) 20-22 Moment 763490.00 Unit Price $ 139843.75 $ MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 404665.00 Unit Price $ 119568.75 $ MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 658793.00 Unit Price $ 139437.50 $ MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 863182.00 Unit Price $ 14,437.50 $ MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 453796.00 Unit Price $ 129812.50 $ MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 707324.00 Unit Price $ 159937.50 $ MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 962484.00 Unit Price $ 19,062.50 $ GRAND TOTAL FOR BID #23-027 Renewal 2 02/24/25 Est. % Increase Total Price Quantity Unit Pricing SHAKESPEARE 20-22 1 560592.001 11,056.25 1 5 $ 55,281.25 SHAKESPEARE 20-22 1 763490.001 13,843.75 1 5 $ 69,218.75 SHAKESPEARE 20-22 1 404665.001 11,568.75 1 5 $ 57,843.75 SHAKESPEARE 20-22 1 658793.001 13,437.50 1 5 $ 67,187.50 SHAKESPEARE 20-22 1 863182.001 14,437.50 5 $ 72,187.50 SHAKESPEARE 20-22 1 453796.001 12,812.50 1 5 $ 64,062.50 SHAKESPEARE 20-22 1 707324.001 15,937.50 1 5 $ 79,687.50 SHAKESPEARE 20-22 1 962484.001 19,062.501 5 $ 95,312.50 $ 1,648,379.71 23-027 TECHLINE INC Pricing Renewal2 2 12/9/2024 Page 27 of 270 CONTRACT & AGREEMENT ROUTING FORM Crre c!r Caiirur: $rw !oN N.nr e/fem. ririnl ! Mm..iry' CONTRACT#: 23300342R2 PROJECT #: BID/RFP/RFQ#: 23-027 Project Name / Contract Description: Annual Price Agreement for Fiberglass Distribution Poles Name of Contractor: Techline, Inc. CONTRACT TOTAL VALUE: $ $1,648,379.71 Debarment Check ❑ Yes ❑ No❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A Grant Funded Yes ❑ No �■ If yes, what is the grant number:) Davis Bacon Wages Used ❑ Yes ❑ No* N/A Buy America Required ❑ Yes ❑ No* N/A Transparency Report ❑ Yes ❑ No ❑E N/A ❑ NEW CONTRACT❑ RENEWAL # 2 [—]CHANGE ORDER # ❑ OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Original Price Agreement approved by City Council 02/23/23, item #7.2 Funds are available and budgeted within the Electric Fund for Warehouse Inventory. Various capital projects will be expensed as materials are issued from inventory. (If required)* CRC Approval Date*: N/A Council Approval Date*: 01/23/2025 Agenda Item No*: 7.1 --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: NIA Performance Bond: NIA Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL 7._~t4 . ��.7 6.0, P.e. DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT A� ST CITY MGR — CFO a (W LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (ifapplicable) N/A CITY SECRETARY (if applicable) 12/12/2024 DATE 12/12/2024 DATE 12/12/2024 DATE DATE DATE DATE 9.12.23 UPDATED Page 28 of 270 � r CITY OF COLLEGE STATION Home of Texas AdaM University® RENEWAL 2 ACCEPTANCE By signing herewith, I acknowledge and agree to renew Contract 23300342 (ITB 23-027), Annual Price Agreement for Fiberglass Composite Distribution Poles, to include an agreed upon increase to the Unit Pricing on 40, 45, and 50 foot Fiberglass Composite Poles, in accordance with all terms and conditions previously agreed to and accepted for a revised annual amount not to exceed of One Million, Six Hundred Forty Eight Thousand, Three Hundred Seventy Nine and 71/100 Dollars ($1,648,379.71). I understand this renewal term will be for the period beginning February 24, 2025, through February 23, 2026, and this will be the final renewal option available. TECHLINE, INC. By: L"-" fives 11 Printed N'ame:cary Troxel l Title: sales Date:12/12/2024 CITY OF COLLEGE STATION By: City Manager Date: Page 29 of 270 Item # ITB#23-027 ANNUAL PRICE AGREEMENT FOR DISTRIBUTION POLES TECHLINE INC. RENEWAL 2 Bidder Provided Data MFG SHAKESPEARE 30' Fiberglass Composite Pole Tangent A-1 Delivery (Weeks) 20-22 (Inventory # 285-065-00065 Moment 87922.00 Guide # MEI-15822-F-30-0 Unit Price $ 2,618.82 MFG SHAKESPEARE 35' Fiberglass Composite Pole Tangent A-2 Delivery (Weeks) 20-22 (Inventory # 285-065-00066 Moment 106757.00 Guide # MEI-15822-F-35-0 Unit Price $ 3,000.00 MFG SHAKESPEARE 40' Fiberglass Composite Pole Tangent A-3 Delivery (Weeks) 20-22 (Inventory # 285-065-00067 Moment 132292.00 Guide # MEI-015822-F-40-0 Unit Price $ 3,429.41 MFG SHAKESPEARE 45' Fiberglass Composite Pole Tangent A-4 Delivery (Weeks) 20-22 (Inventory # 285-065-00068 Moment 147464.00 Guide # MEI-15822-F-45-0 Unit Price $ 3,758.82 MFG SHAKESPEARE 50' Fiberglass Composite Pole Tangent A-5 Delivery (Weeks) 20-22 (Inventory # 285-065-00069 Moment 146418.00 Guide # MEI-15822-F-50-0 Unit Price $ 4,970.59 MFG SHAKESPEARE 55' Fiberglass Composite Pole Tangent A-6 Delivery (Weeks) 20-22 (Inventory # 285-065-00070 Moment 172911.00 Guide # MEI-15822-F-55-0 Unit Price $ 7,047.06 Awarded Renewal 2 02/24/23 02/24/25 Unit Price t. Qua tity Total Price Quantity Total Price % increase SHAKESPEARE 20-22 87922.00 60 $ 157,129.41 $ 2,618.82 15 $ 39,282.35 SHAKESPEARE 20-22 106757.00 60 $ 180,000.00 $ 3,000.00 15 $ 45,000.00 SHAKESPEARE 20-22 132292.00 120 $ 411,529.41 $ 3,771.00 I 40 $ 150,840.00 9.96% SHAKESPEARE 20-22 147464.00 120 $ 451,058.82 $ 4,133.00 I 40 $ 165,320.00 9.95% SHAKESPEARE 20-22 146418.00 90 $ 447,352.94 $ 5,467.00 40 $ 2189680.00 9.99% SHAKESPEARE 20-22 172911.00 90 $ 634,235.29 $ 7,047.06 40 $ 281,882.35 23-027TECHLINE INC Pricing Renewal 12/12/2024 Page 30 of 270 Item # B-1 B-2 B-3 B-4 B-5 B-6 ITB#23-027 ANNUAL PRICE AGREEMENT FOR DISTRIBUTION POLES TECHLINE INC. RENEWAL 2 Bidder Provided Data 45' Fiberglass Composite Pole MFG SHAKESPEARE Self -Supporting - 6 Degree Delivery (weeks) 20-22 (Inventory # 285-065-00075 Moment 356466.00 Guide # MEI-15822-F-45-6 Unit Price $ 8,468.75 45' Fiberglass Composite Pole MFG SHAKESPEARE Self -Supporting -12 Degree Delivery (weeks) 20-22 (Inventory # 285-065-00076 Moment 509698.00 Guide # MEI-15822-F-45-12 Unit Price $ 9,406.25 45' Fiberglass Composite Pole MFG SHAKESPEARE Self -Supporting -18 Degree Delivery (weeks) 20-22 (Inventory # 285-065-00077 Moment 612095.00 Guide # MEI-15822-F-45-18 Unit Price $ 9,956.25 50' Fiberglass Composite Pole MFG SHAKESPEARE Self -Supporting - 6 Degree Delivery (Weeks) 20-22 (Inventory # 285-065-00080 Moment 356289.00 Guide # MEI-15822-F-50-6 Unit Price $ 9,487.50 50' Fiberglass Composite Pole MFG SHAKESPEARE Self -Supporting -12 Degree Delivery (weeks) 20-22 (Inventory # 285-065-00081 Moment 560592.00 Guide # MEI-15822-F-50-12 Unit Price $ 11,056.25 50' Fiberglass Composite Pole MFG SHAKESPEARE Self -Supporting -18 Degree Delivery (weeks) 20-22 (Inventory # 285-065-00082 Moment 763490.00 (Guide # MEI-15822-F-50-18 Unit Price $ 13,843.75 Awarded 02/24/23 Est. Quantity Total Price 30 $ 254,062.50 30 $ 282,187.50 30 $ 298,687.50 60 $ 569,250.00 60 $ 663,375.00 60 $ 830,625.00 Renewal 2 02/24/25 Unit Price Est. Quantity Total Price % increase SHAKESPEARE 20-22 356466.00 $ 8,468.75 5 $ 42,343.75 SHAKESPEARE 20-22 509698.00 $ 9,406.25 5 $ 47,031.25 SHAKESPEARE 20-22 612095.00 $ 9,956.25 5 $ 49,781.25 SHAKESPEARE 20-22 356289.00 $ 9,487.50 5 $ 47,437.50 SHAKESPEARE 20-22 560592.00 $ 11,056.25 5 $ 55,281.25 SHAKESPEARE 20-22 763490.00 $ 13,843.75 5 $ 69,218.75 23-027TECHLINE INC Pricing Renewal 12/12/2024 Page 31 of 270 Item # Description 55' Fiberglass Composite Pole B-7 Self -Supporting - 6 Degree (Inventory # 285-065-00085 Guide # MEI-15822-F-55-6 55' Fiberglass Composite Pole B-8 Self -Supporting -12 Degree (Inventory # 285-065-00086 Guide # MEI-15822-F-55-12 55' Fiberglass Composite Pole B-9 Self- Supporting -18 Degree (Inventory # 285-065-00087 Guide # MEI-15822-F-55-18 60' Fiberglass Composite Pole B-10 Self -Supporting - 6 Degree (Inventory # 285-065-00090 Guide # MEI-15822-F-60-6 60' Fiberglass Composite Pole B-11 Self -Supporting -12 Degree (Inventory # 285-065-00091 Guide # MEI-15822-F-60-12 60' Fiberglass Composite Pole B-12 Self -Supporting -18 Degree (Inventory # 285-065-00092 Guide # MEI-15822-F-60-18 ITB#23-027 ANNUAL PRICE AGREEMENT FOR DISTRIBUTION POLES TECHLINE INC. RENEWAL 2 Awarded 02/24/23 Est. Quantity Total Price Bidder Provided Data MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 404665.00 Unit Price $ 11,568.75 60 MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 658793.00 Unit Price $ 13,437.50 60 MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 863182.00 Unit Price $ 14,437.50 60 MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 453796.00 Unit Price $ 12,812.50 30 MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 707324.00 Unit Price $ 15,937.50 30 MFG SHAKESPEARE Delivery (Weeks) 20-22 Moment 962484.00 Unit Price $ 19,062.50 30 GRAND TOTAL FOR BID #23-027 $ $ 694,125.00 $ $ 806,250.00 S $ 866,250.00 $ $ 384,375.00 $ $ 478,125.00 $ $ 571,875.00 $ 8,980,493.38 SHAKESPEARE 20-22 404665.00 11,568.75 SHAKESPEARE 20-22 658793.00 13,437.50 SHAKESPEARE 20-22 863182.00 14,437.50 SHAKESPEARE 20-22 453796.00 12,812.50 SHAKESPEARE 20-22 707324.00 15,937.50 SHAKESPEARE 20-22 962484.00 19,062.50 Renewal 2 02/24/25 Est. Unit Price Quantity Total Price % increase 5 $ 57,843.75 5 $ 67,187.50 5 $ 72,187.50 5 $ 64,062.50 5 $ 79,687.50 5 $ 95,312.50 $ 1,648,379.71-81.64% 23-027TECHLINE INC Pricing Renewal 12/12/2024 Page 32 of 270 January 23, 2025 Item No. 7.3. Water Wells 10,11,12- BTU Construction agreement Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on an aid -in -construction agreement with Bryan Texas Utilites (BTU), in the amount of $165,508.30 for overhead power upgrades for the Water Wells 10,11,12 and Collection Line project. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The wells project location falls within BTU's service area. After coordinating with BTU on power requirements at the well sites is was determined that the existing overhead power is not rated for medium voltage which is needed for wells. This agreement is to upgrade their existing overhead power along Simms Lane Cutoff from Sandy Point Road to the well site, approximately 4,000 feet, to serve wells 11 and 12. Budget & Financial Summary: A combined budget of $69,300,000 is available in the Water Capital Improvement Projects Fund. A combined total of $8,688,101 has been expended or committed to date, leaving a balance of $60,611,899 for this agreement and any remaining project expenses. Attachments: 1. Well 10, 11, 12 BTU Construction Agreement - 2403-R-50924 5522 Sims Lane Cutoff 2. Wells 10, 11, 12 BTU Cost Letter(Simms Lane) 3. Well 10, 11, 12 Sims Lane Cutoff -revised 4. Well 10, 11, 12 ROW Easement(Simms Lane) 5. Wells 10,11,12 and Collection Line Page 33 of 270 AID -IN -CONSTRUCTION AGREEMENT CITY OF BRYAN, BRYAN TEXAS UTILITIES THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS WHEREAS, City of College Station. (Hereinafter called Requester) is seeking the construction, installation and/or relocation of certain electrical distribution system improvements as outlined in Exhibit A; and WHEREAS, Bryan Texas Utilities, (hereinafter called "BTU") will install said electric distribution system improvements; and WHEREAS, Requester is required to pay a contribution in aid of construction for said electric distribution system improvements in accordance with BTU's Electric Line Extension Policy; and WHEREAS, BTU has estimated that the costs ("the estimated costs") of said electrical distribution system improvements (hereinafter referred to as "the improvements") to be $165,508.30; NOW, THEREFORE, for and in consideration of One hundred sixty five thousand, five hundred and eight dollars and thirty cents ($165,508.30) and other good and valuable consideration, Requester and BTU hereby agree as follows: Obligations of BTU: 1. Upon payment of the estimated costs and conveyance of necessary easement rights by Requester, BTU will undertake its obligation relating to the improvements set forth on Exhibit A. 2. Upon completion of the improvements set forth on Exhibit A, BTU will calculate the final costs of the improvements and will provide proof thereof to the Requester. 3. In the event that the final cost of the improvements is less than the estimated costs, BTU will return the difference to Requester within thirty (30) days of making the final cost determination. Page 34 of 270 Obligations of Requester: 1. Requester will pay the estimated costs prior to commencement of construction of the improvements by BTU. 2. Requester will insure the conveyance to BTU of easement rights as required for the purpose of operation and maintenance of the improvements, as deemed reasonable in the discretion of BTU. 3. In the event that the final cost of the improvements is greater than the estimated costs submitted by the Requester, the Requester agrees to pay the difference to BTU within thirty (30) days of BTU sending an invoice to Requester. Requester agrees that payment of the difference is a prerequisite for receiving electric service from BTU. The electric meter will not be energized until final payment is processed. In no event shall Requester be required to pay more than 125% of the estimated costs 4. Requester warrants that, in the event the property being served by the improvements is sold or otherwise conveyed during the term of this agreement, Requester will remain obligated for any costs exceeding the estimated costs. 5. To the extent authorized by Texas law and the Texas Constitution, Requester hereby agrees to save and hold BTU harmless from any and all claims, judgments, causes of action, or any other type damages which may arise or result, either directly or indirectly, from any of the actions connected with the installation of the improvements, excluding gross negligence and willful misconduct or a claim for breach of this agreement. 6. Upon completion of the improvements, Requester agrees that BTU shall at all times have complete ownership and control of all electric distribution system improvements. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, exclusive of conflicts of law provisions. Executed in duplicate originals this day of , 20_. CITY OF COLLEGE STATION BY: Name: Title: BRYAN TEXAS UTILITIES Name: Gary Miller Title: General Manager Page 35 of 270 ff�) - U, logo — THE DIFFERENCE IS YOU 10/31/2024 Project #: 2403-R-50924 City of College Station 5522 Sims Lane Cutoff rd Bryan, Texas Dear : Your request for service to your location on 5522 Sims Lane Cutoff rd has been investigated. Your cost to provide this service is $165,508.30. Included in this cost is the rebuild of an existing overhead line from #4 ACSR to 110 ACSR. Please note that this AIC amount is based on the line routing we discussed and is subject to change 90 days from the date of this letter. Before your job can be scheduled for construction, I need the following items returned to me: AIC invoice and payment with project number referenced on the check, BTU's Information Desk at 205 E. 281" Street is open between the hours of 8AM and 5PM, Monday through Friday. They will be happy to assist you with accepting your AIC payment and any other requested paperwork. Please use your assigned project number, 2403-R-50924, to identify any correspondence you may have with our office. A copy of the project job print is included. I appreciate the opportunity to answer any questions you may have and provide you with competitive reliable electric service. Sincerely, Robert Lopez Line Designer Office: 979-821-5769 Fax: 979-821-5796 Email: rlopez(a7btutilities.com Page 36 of 270 THE DIFFERENCE 15 YOU CHARGE TO: City of College Station 5522 Sims Lane Cutoff rd Bryan, Texas MAIL REMITTANCE TO: Bryan Texas Utilities Attn.: Robert Lopez Project #. 2403-R-50924 P. O. Box 1000 Bryan, Texas 77805 QUANTITY DESCRIPTION OF ITEM Cost to provide service to your location on 5522 Sims Lane Cutoff rd. NOTE: Do not include AIC payment in your monthly BTU bill. UNIT AMOUNT PRICE $165,508.3 0 Page 37 of 270 Project Number: 2403-R-50924 Map Number: 192-384 ELECTRICAL AND COMMUNICATIONS EASEMENT STATE OF TEXAS) COUNTY OF BRAZOS) KNOW ALL MEN BY THESE PRESENTS That Citv of Colleae Station, hereinafter called the Grantors, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do grant unto the City of Bryan, a Texas home rule municipal corporation, doing business as "Bryan Texas Utilities" ("BTU") and to its successors and assigns, an Electrical and Communications Easement upon, under, over, and across property owned by Grantor and located in the County of Brazos, State of Texas, which property (the "Property") is described as follows: (Describe only the part of Grantor's Property covered by this easement) BEING called a tract of land consisting of 321.18 acres, being situated in the Francisco Ruiz Survey, Abstract No.48, Being more particularly described in Volume 8952 and page 152 of the official Public records of Brazos County, Texas. (herein the "Property") BEGINNING and ending as shown on the attached Exhibit "A". The width of this easement hereby granted is described as follows: A 20' electrical and communications easement as shown on the attached Exhibit "A". (herein the "Easement") The Easement Area granted by this instrument (the "Easement") is subject to the following conditions 1. BTU has the right to install, operate, relocate, construct, reconstruct, add to, maintain, inspect, patrol, enlarge, repair, remove and replace Utility Facilities upon, over, under, and across the Property included in the Easement and to remove Utility Facilities from the Property, and the right of ingress and egress on Grantor's property adjacent to the Easement for the same purposes. For purposes of the Easement, the phrase "Utility Facilities" shall include a variable of number of cables, conductors or wires, insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props, guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and/or communication. 2. BTU has the right to trim and/or remove, without payment due to Grantor, all trees, branches, underbrush or any other obstruction which might endanger or interfere with the operation, safety, or efficiency of the Utility Facilities on the Property on which the Easement is located. 3. The Grantor covenants for itself, his or her personal representatives, executors, and/or successors and assigns, not to place or maintain any building, structure, or any other obstruction on or within the Easement, or to use the surface of the Easement Area for any purpose that would interfere with or prevent the use by BTU of the Easement for the purposes set forth herein. The Grantor shall have the right to use the surface of the Easement for streets, roads, driveways, alleys, walks, gardens, lawns, plantings or park areas and any other like uses. 4. BTU has the right to assign all or part of the rights granted to it, pursuant to this Agreement it receives under the Easement. The Easement will inure to the benefit of BTU and BTU's successors and assigns. 5. Grantor acknowledges and agrees that the location of the Easement is based only on preliminary surveys and that the rights granted by this Easement shall apply to the actual location of Utility Facilities, when constructed. 6. Grantor binds Grantor and Grantor's heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and singular, the rights and premises granted to BTU by this instrument. Page 1 of 3 Page 38 of 270 Grantor covenants, represents and warrants that Grantor has good and marketable title to the Property and the unqualified right to grant the privileges contained herein. Page 2 of 3 Page 39 of 270 Investigate Number: 2403-R-50924 Map Number: 192-384 IN WITNESS WHEREOF, the Grantors execute this instrument this day of , AD 2024. Citv of Colleqe Station STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2024. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this day of , AD 2024. STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2024. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this day of , AD 2024. STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2024. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this day of , AD 2024. STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2024. Notary Public/ State of Page 3 of 3 Page 40 of 270 Project Number: 2403-R-50924 STATE OF TEXAS) COUNTY OF BRAZOS} Map Number: 192-384 RIGHT OF WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS That Citv of Colleae Station, hereinafter called the Grantors, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do grant unto the City of Bryan, a Texas home rule municipal corporation, doing business as "Bryan Texas Utilities" ("BTU") and to its successors and assigns, an easement and right-of-way upon, under, over, and across property owned by Grantor and located in the County of Brazos, State of Texas, which property (the "Property") is described as follows: (Describe only the part of Grantor's Property covered by this easement) BEING called a tract of land consisting of 321.18 acres, being situated in the Francisco Ruiz Survey, Abstract No.48, Being more particularly described in Volume 8952 and page 152 of the official Public records of Brazos County, Texas. (herein the "Property") BEGINNING and ending as shown on the attached Exhibit "A". The width of this easement hereby granted is described as follows: A 20' electrical easement as shown on the attached Exhibit "A" (herein the "Easement") The Easement Area granted by this instrument (the "Easement") is subject to the following conditions: 1. BTU has the right to install, operate, relocate, construct, reconstruct, add to, maintain, inspect, patrol, enlarge, repair, remove and replace Utility Facilities upon, over, under, and across the Property included in the Easement and to remove Utility Facilities from the Property, and the right of ingress and egress on Grantor's property adjacent to the Easement for the same purposes. For purposes of the Easement, the phrase "Utility Facilities" shall include a variable of number of cables, conductors or wires, insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props, guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and/or communication. 2. BTU has the right to trim and/or remove, without payment due to Grantor, all trees, branches, underbrush or any other obstruction which might endanger or interfere with the operation, safety, or efficiency of the Utility Facilities on the Property on which the Easement is located. 3. The Grantor covenants for itself, his or her personal representatives, executors, andlor successors and assigns, not to place or maintain any building, structure, or any other obstruction on or within the Easement, or to use the surface of the Easement Area for any purpose that would interfere with or prevent the use by BTU of the Easement for the purposes set forth herein. The Grantor shall have the right to use the surface of the Easement for streets, roads, driveways, alleys, walks, gardens, lawns, plantings or park areas and any other like uses. 4. BTU has the right to assign all or part of the rights granted to it, pursuant to this Agreement it receives under the Easement. The Easement will inure to the benefit of BTU and BTU's successors and assigns. 5. Grantor acknowledges and agrees that the location of the Easement is based only on preliminary surveys and that the rights granted by this Easement shall apply to the actual location of Utility Facilities, when constructed. 6. Grantor binds Grantor and Grantor's heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and singular, the rights and premises granted to BTU by this instrument. 7. Grantor covenants, represents and warrants that Grantor has good and marketable title to the Property and the unqualified right to grant the privileges contained herein. Page I of 2 v cc m 0 N v O Investigate Number. 2403-R-50924 Map Number: 192-384 IN WITNESS WHEREOF, the Grantors execute this instrument this day of , AD 2024. Citv of Colleae Station STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2024. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this day of , AD 2024. STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2024. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this day of , AD 2024. STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2024. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this day of , AD 2024, STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2024. Notary Public/ State of v 03 m N O N v O Page 2 of 2 CUSTOMER NAME CITY OF COLLEGE STATION PHONE 979-764-6248 SERVICEADDRESS 5522 SIMS LANE CUTOFF PROJECT NO 2403-R-50924 BRYAN TEXAS UTILITIES Scale: 1" = 97 feet JOB NO J0131 _s RENT N29B EXHIBIT "A" CITY OF COLLEGE STATION 321.18 ACRES A004800, FRANCISCO RUIZ, TRACT 87 BRAZOS COUNTY, TEXAS VOLUME 8952, PAGE 152 979-821-5770 FJ Page 43 of 270 Bryan 21 College �L ,y r 0 Project Location Streets CITY OF COLLEGE STATION H nfT A&MU.—,V- ..1 i� o ti^� tY �R'� �.A.ds al.��. '� I � ♦ � •,�an S�F�L � d �+ ;, 3 � b A y M F /* ' x �d�"d a ,�r�•_,.�.+s _e A t d 5 ;4: ," t Est •dw d d v �� w� l �,ey� � t , aTd� �•x 0 5001,000 2,000 3,000 ��¢ Feet , age o�7b January 23, 2025 Item No. 7.4. Carter Creek Wastewater Treatment Plant Improvements Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a Professional Services Contract with Freese and Nichols, Inc (FNI) for $3,681,493 for the design and construction administration for the Carter Creek Wastewater Treatment Plant Improvements Project and a Resolution declaring intention to reimburse certain expenditures with proceeds from debt. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: The Carter Creek Wastewater Treatment Plant (WWTP) Improvements includes the design and construction of a filters structure, UV treatment facility, and other necessary improvements. These improvements were identified in a preliminary engineering report (PER) provided by the design engineer, FNI. The filter media type, UV technology, and site layout has been identified in the PER. These improvements will be designed to improve the treatment of the plant effluent and hydraulic efficiency through these structures. Budget & Financial Summary: Budget in the amount of $22,000,000 is included for this project in the Wastewater Capital Improvement Projects Fund. Nothing has been spent or encumbered to date, leaving a balance of $22,000,000 for this contract and future expenses. The "Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt" is necessary for this project because all of the long-term debt projected to be issued for this project has not yet been issued. The debt for the project is scheduled to be issued at a later date. Attachments: 1. CCWWTP Improvements DRR 1-23-25 2. CCWWTP Improvements Map 3. CCWWTP Improvements Design Contract Vendor Signed Page 45 of 270 17�Y�Z11 �JI�[�)��►[�a RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH PROCEEDS FROM DEBT WHEREAS, the City of College Station, Texas (the "City") is a home -rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $22,000,000, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. PASSED AND APPROVED THIS 23rd DAY OF January, 2025. ATTEST: Tanya Smith, City Secretary John Nichols, Mayor (Seal) Page 46 of 270 APPROVED: )Cabl,rkhurst & Horton L.L.P Bond Counsel Page 47 of 270 Exhibit "A" The project to be financed that are the subject of this Statement is: Carter Creek Wastewater Treatment Plant (CCWWTP) Improvements ($22,000,000) This project includes the design and construction of a filters structure, UV treatment facility, and other improvements as identified in a preliminary engineering report. The filter media type, UV technology, and site layout was identified in this report. The improvements will improve the treatment of plant effluent and hydraulic efficiency through these structures. Page 48 of 270 an Brazos Extents *� Carter Creek WWTP g May Im rovement�s C011e a Station . ado � •�t�.,\ � �� '� �.. ,�� .� � Ix ik �tJf. Ilk MOW 1p�;��o Y Ln. 1 �5 r t a kIq 0+ Y A l 4 0 Project Location 1 ,P'04. Streets` Ilk OD �0 170 340 680 1,020 CICOESTATIOP Feet��" Page CONTRACT & AGREEMENT ROUTING FORM CITY OF COLLEGE STATION 25300225 WW2400 Horne ofTexa;A&MUniversity' CONTRACT#: PROJECT#: BID/RFP/RFQ#: Project Name / Contract Description: CCWWTP Phased Enhanced Filtration Name of Contractor: Freese and Nichols Inc. CONTRACT TOTAL VALUE: $ 3,681,493.00 Debarment Check ❑ Yes ❑ No❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A Grant Funded❑ Yes ❑E No If yes, what is the grant number: Davis Bacon Wages Used ❑ Yes 0 NoE] N/A Buy America Required ❑ Yes * No ❑ N/A Transparency Report ❑ Yes ❑E No ❑ N/A ❑E 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) Budget in the amount of $22,000,000 is currently apprionated for this project in the Wastewater Capital Improvement Projects Fund. Nothing has been spent or encumbered to date leaving a balance of $22,000,000 for this contract and future expenses. Reimbuseable expense shall not exceed 20,000. (If required)* CRC Approval Date*: N/A Council Approval Date*: 1 /23/24 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: NSA Payment Bond: NSA Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL ,9tAAA .i(Y (AiLA, DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT LEGAL DEPARTMENT ASST CITY MGR — CFO APPROVED & EXECUTED CITY MANAGER n/a MAYOR (if applicable) n/a CITY SECRETARY (if applicable) 1/13/2025 DATE DATE DATE DATE DATE DATE Original(s) sent to CSO on Scanned into Laserfiche on Original(s) sent to Fiscal on Page 50 of 270 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 Freese and Nichols, Inc. (FNI) , a Texas 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 6Y0"VIRIP&I 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"): Carters Creek Wastewater Treatment Plant Effluent Filter Improvements - Phase II (WW2400) 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 Three million six hundred and eighty-one thousand four hundred and ninety-three dollars and 00 /100 Dollars ($ 3,681,493.00 ) 2.02 Virtual Payment Method. For increased payment and financial information security, the Contractor must use the City's approved virtual payment card system or digital payment system for all payments, storing, and modifications of financial information used for City payments to the Contractor. Any related reasonable fees paid by the Contractor for use of the virtual payment card system or digital payment system may be passed through to the City. Contract No. 25300225 A&E Professional Services with Construction Page 1 Form 04-06-2023 Page 51 of 270 ARTICLE III TIME OF PERFORMANCE AND CONSTRUCTION COST 3.01 The Consultant shall perform all professional services necessary for the complete design and construction documentation of the Project within the times set forth below and in Section 3.02. Consultant expressly agrees that such times are as expeditious as is prudent considering the ordinary professional skill and care of a competent engineer or architect. Furthermore, the Consultant shall perform with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. (a) Conceptual Design: 0 calendar days after the authorization to commence planning. (b) Preliminary Design: 0 calendar days after authorization to commence PPD. (c) Final Design: 365 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): 365 days from notice to proceed. 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. Contract No. 25300225 A&E Professional Services with Construction Page 2 Form 04-06-2023 Page 52 of 270 (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 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. Contract No. 25300225 A&E Professional Services with Construction Page 3 Form 04-06-2023 Page 53 of 270 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. 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 $ 18,279,133 . 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 Contract No. 25300225 A&E Professional Services with Construction Page 4 Form 04-06-2023 Page 54 of 270 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 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 the Conceptual 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. Contract No. 25300225 A&E Professional Services with Construction Page 5 Form 04-06-2023 Page 55 of 270 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 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 Contract No. 25300225 A&E Professional Services with Construction Page 6 Form 04-06-2023 Page 56 of 270 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 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. Contract No. 25300225 A&E Professional Services with Construction Page 7 Form 04-06-2023 Page 57 of 270 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. 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 VI1I 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. Contract No. 25300225 A&E Professional Services with Construction Page 8 Form 04-06-2023 Page 58 of 270 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 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 Contract No. 25300225 A&E Professional Services with Construction Page 9 Form 04-06-2023 Page 59 of 270 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. 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 Contract No. 25300225 A&E Professional Services with Construction Page 10 Form 04-06-2023 Page 60 of 270 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. (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. Contract No. 25300225 A&E Professional Services with Construction Page 11 Form 04-06-2023 Page 61 of 270 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. 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. Contract No. 25300225 A&E Professional Services with Construction Page 12 Form 04-06-2023 Page 62 of 270 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: (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 Liability Insurance 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 must be 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 Contract No. 25300225 A&E Professional Services with Construction Page 13 Form 04-06-2023 Page 63 of 270 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: 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 foodibeverage 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 Contract No. 25300225 A&E Professional Services with Construction Page 14 Form 04-06-2023 Page 64 of 270 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 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; Contract No. 25300225 A&E Professional Services with Construction Page 15 Form 04-06-2023 Page 65 of 270 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 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." 11.01 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. Contract No. 25300225 A&E Professional Services with Construction Page 16 Form 04-06-2023 Page 66 of 270 (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) ("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 No. 25300225 A&E Professional Services with Construction Page 17 Form 04-06-2023 Page 67 of 270 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. 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: Contract No. 25300225 A&E Professional Services with Construction Page 18 Form 04-06-2023 Page 68 of 270 14.03 Fraud Reporting. To reduce the risk of fraud and to protect the Contractor's financial information from fraud, the Contractor must report to the City in writing at VendorInvoiceEntrvncstx.aov if the Contractor reasonably suspects or knows if any of their financial information has been subject to fraudulent activity or suspected fraudulent activity. City of College Station Attn: Casey Rhodes PO BOX 9960 1101 Texas Ave College Station, TX 77842 crhodes (&,,cstx.gov Freese and Nichols, Inc. (FNI) Attn: Gennady Boksiner 12770 Merit Drive Dallas, TX 75251 gb@freese.com 14.04 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 parry 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. 14.05 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. 14.06 This Contract and all rights and obligations contained herein may not be assigned by the Consultant without the prior written approval of the City. 14.07 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. 14.08 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 Contract No. 25300225 A&E Professional Services with Construction Form 04-06-2023 Page 19 Page 69 of 270 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. 14.09 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. 14.10 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. 14.11 This Contract goes into effect when duly approved by all the parties hereto. 14.12 Notice of Indemnification. City and Consultant hereby acknowledge and agree that this Contract contains certain indemnification obligations and covenants. 14.13 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. 14.14 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 14.15 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. 14.16 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. Contract No. 25300225 A&E Professional Services with Construction Page 20 Form 04-06-2023 Page 70 of 270 List of Exhibits A. Scope of Services B. Payment Schedule C Certificates of Insurance FREESE AND NICHOLS, INC. CITY OF COLLEGE STATION By: ri&A4 By: City Manager Printed Name: Richard Weatherly Date: Title: vice President Date:1/10/202 5 APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Contract No. 25300225 A&E Professional Services with Construction Page 21 Form 04-06-2023 Page 71 of 270 EXHIBIT A SCOPE OF SERVICES Contract No. 25300225 A&E Professional Services with Construction Form 04-06-2023 Page 72 of 270 11/05/2024 EXHIBIT A — ENGINEERING SCOPE OF SERVICES City of College Station Carters Creek Wastewater Treatment Plant Effluent Filter Improvements - Phase II PROJECT UNDERSTANDING AND ASSUMPTIONS: The Carters Creek Wastewater Treatment Plant (CCWWTP) was built in 1956 to treat wastewater from the City of College Station. It is the largest of the three WWTPs owned and operated by the City. Carters Creek WWTP is permitted to handle an average annual daily flow (AADF) of 9.5 million gallons per day (MGD) and a peak 2-hour flow of 30 MGD. In 2015, the City retained Freese and Nichols, Inc. (FNI) to prepare a wastewater master plan to identify deficiencies in the current wastewater system and develop a capital improvements program. The Master Plan recommended incorporating effluent filters at the Carters Creek WWTP to improve the effluent quality. Consequently, FNI was retained by the City in 2022 to evaluate the addition of a new filter facility at the CCWWTP as part of the Effluent Filters Preliminary Evaluation project. The evaluation revealed that the plant lacks the required hydraulic head between the existing secondary clarifiers and the UV system to allow flow through the filters via gravity. Additionally, the existing UV system is approaching the end of its useful life and is being encroached upon by the rising floodplain. Based on these findings, FNI recommended the addition of a new facility that includes a new effluent filtration system, a new UV system, and an effluent pump station to pump plant effluent to Carters Creek during a flood event when gravity flow through the outfall system is not possible. The recommendation also included a new outfall structure and piping to discharge effluent to a new location along Carters Creek, as the current outfall structure and piping had failed. A new non -potable water pump station and a reclaimed water pump station were also proposed as part of the recommended alternative. As emergency repairs were needed at the existing outfall location due to the failure of the existing system, the City decided to split the filter improvements design phase into two projects to expedite the outfall improvements. The Phase I - Outfall Improvements Project, currently in the design phase, consists of installing two parallel outfall pipes connected to the existing outfall pipes, a new junction box with a stub -out to connect to the proposed effluent facility, a new outfall headwall structure, and complete demolition of existing outfall pipes and structure. The Phase II — Effluent Filter Improvements project (this project) will consist of the following components: • Demolition of existing Autothermal Thermophilic Aerobic Digestion (ATAD) facility; • Demolition of existing bio-filter facility; • New cloth media filter system with fixed mechanical aerators; • New inclined UV disinfection system; • New effluent pump station with submersible pumps sized to accommodate peak 2-hour flow through the plant; • New non -potable water system; • New reclaimed water pump station and connection to the existing line; • New sodium hypochlorite storage building; • Yard piping; • Site civil improvements; and Page 1 of 17 FNI CITY Page 73 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services • Electrical & Instrumentation improvements. ARTICLE I - BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional services for the development of the Project: A. Phase 1— Final Design Services: Perform general administrative duties associated with the Project, including progress monitoring and monthly progress reporting, scheduling, general correspondence, documentation, office administration, project team management, and implementation of a Quality Assurance (QA) and Quality Control (QC) program for the Project, and invoicing for the scope items identified below. Documentation shall be in accordance with the City's requirements for the Project. These duties include maintaining regular communication with the City to help meet the needs of the City in a timely manner and executing work per the work plan, budget, and schedule. 2. Prepare monthly project reporting including status report, recent activities, upcoming activities, action items log, decisions made log, budget updates, schedule updates, and scope changes. Prepare and submit monthly invoices. Conduct a kickoff meeting to review scope, schedule, and budget; to determine any special conditions that may affect the Project; to discuss administrative requirements of City; and to review Project criteria and the City's goals and expectations for the Project. Kickoff meeting to be held at City's designated office. After the kickoff meeting, conduct one site visit by the engineering team to the WWTP, for field evaluation, and coordination of design needs for completion of the project. 4. Manage efforts of internal design team and subconsultants on the Project and perform Quality Control reviews of all deliverables. Quality Control reviews will include use of FNI's Disciplinary QC checklists, provision of QC Plan Documentation and provision of comment/response forms for documenting and responding to City comments on all submittals. 5. Prepare a Microsoft Project schedule and provide monthly updates including necessary revisions to bring the Project back on schedule if needed. The Project schedule will not be resource loaded. 6. Opinions of Probable Construction Cost: a. Prepare opinion of probable construction cost (OPCC) for the project. b. (OPCC will be developed for the various project completion levels as described below. FNI has adopted the Association for the Advancement of Cost Engineers (AACE, now AACE International) definitions for opinions of probable construction cost for treatment plant projects. AACE International defines five classes of cost estimates for a project in their Recommended Practice No. 18R 97. The classifications are widely accepted guidelines within the engineering/architecture community for defining levels of project maturity and the expected range of accuracy for associated project cost opinions. The classifications range from Class 5 to Class 1 for the lowest to the highest levels of the project definition. Page 2 of 17 FNI CITY-42age 74 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services The purpose of these classifications is to improve communication among the project stakeholders involved with preparing, evaluating, and using cost opinions. FNI design services typically fall within Class 5 to Class 3 estimates. Classes 2 and 1 are reserved for bid phase and construction phase pricing coordination by a Contractor. The classification definitions are summarized in the table below. Estimate Level of Project End -Use Expected Class Definition Accuracy Range Class 5 0% to 2% Screening or feasibility Low: -20% to -50%High: +30% to +100% Class 4 1% to 15% Concept Study or Low: -15% to -30% Feasibility High: +20% to +50% Class 3 10% to 40% Budget Authorization or Low: -10% to -20% Control High: +10% to +30% Class 2 30% to 75% Control or Bid/Tender Low: -5% to -15% High: +5% to +20% Class 1 65% to 100% Check Estimate or Low: -3% to -10% Bid/Tender High: +3% to +15% d. In providing opinions of costs, financial analysis, economic feasibility projections, and schedules for the Project, the City recognizes that FNI has no control over any of the following: the cost or price of labor and materials from contractors and suppliers; unknown conditions of existing equipment or structures that may affect operations and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operation personnel; and other market, economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the City recognizes that FNI makes no warranty or guarantee that the actual project cost, financial aspects, economic feasibility, or schedules will not vary from FNI's opinions, analyses, projections, or estimates. 7. Meetings and Site Visits: a. Conduct monthly progress meetings, up to a maximum of (4) four meetings during the design phase. b. Conduct up to two (2) additional site visits by the engineering team to the treatment plant, for coordination on detailed design aspects for completion of the Project. c. Meetings to be held in person at City's designated office. d. Conduct up to two (2) full day trips with the City's operation and/or maintenance personnel to observe proposed UV equipment at other WWTPs. 8. Conduct a comprehensive 3D Matterport scan of the Carters Creek WWTP. The scan will consist of a high resolution 360-degree imagery and spatial data of all process areas. This scan will be post -processed to create a navigable 3D model of the plant that will be used for visual references, and spatial measurement during design phase and O&M development of the plant. Two (2) full day site visits will be conducted by the team to capture the data. Page 3 of 17 FNI CITY-42age 75 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services 9. Detailed design elements shall be developed using AutoCAD, Autodesk Revit BIM and Civil 3D software for modeling the plant arrangement, coordinating with the City on the detailed mechanical, equipment, and structures, and for the development of plan sheets for bidding purposes. As such, some reviews will include 3D BIM Model reviews, and some will incorporate traditional 2D plan reviews. Proposed review workshops and milestones are listed below. Prepare BIM models, drawings, specifications, Construction Contract Documents, designs, and layouts of improvements to be constructed for each milestone submittal described below and for the final construction contract documents. For the purposes of design planning, the alternative is assumed to include the major items listed in the narrative. 10. Conduct progress review and QC workshops with the City during the Design Phase. FNI will submit relevant 3D models, drawings, specifications, and detailed data for each review workshop two weeks prior to the workshop dates to allow the City adequate time for review and comment. a. Level 2 Review - Model Overview Submittal (35-45% Design Level): The Level 2 review will include a single -day workshop to provide model reviews and/or printed isometric views of proposed major facility improvements. City shall receive a walk-through of the facility models, using designated model review software, including relevant treatment process, structural, electrical, architectural, and plumbing/HVAC elements. FNI will document and address City comments before developing detailed construction contract drawings. b. Level 3 Review — Midpoint Submittal (60-70% Design Level): The Level 3 review will include a single -day workshop to provide a detailed review of both model spaces and conventional 2D construction contract drawings for the proposed design improvements and draft specifications. Level 3 review will also include various disciplinary cross-check reviews and QCs by FNI, including constructability review. FNI will document and address City comments before developing the Level 4 submittal. c. Level 4 Review — Final Submittal (90-100% Design Level): The Level 4 review will include a single -day workshop to provide a detailed review of all final design plans and specifications, final constructability reviews, final disciplinary cross-check reviews and disciplinary QC documentation. FNI will document and address City comments before developing final plans and specifications for construction. d. Conduct a single -day Maintenance of Plant Operations (MOPO) and Construction Sequencing workshop at the 90% level to discuss the finalized sequence of construction and MOPO plans for the plant improvements. e. All workshops will be conducted in the City's designated offices. 11. Plans and Specifications for site development will be submitted through the City's planning and development process for construction permitting. The City will coordinate obtaining all local government permits. 12. As part of all final design submittals, electronic digital files for design calculations, process modeling, and CAD/Revit files shall be submitted to the City. 13. Advise the City of the need for and recommend scope of additional subsurface investigations, special analysis, physical hydraulic model studies, underwater exploration and mapping, etc., and the retention of special consultants beyond those identified in these Basic Services or Page 4 of 17 FNI CITY-42age 76 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services Special Services. The cost of such services shall be Additional Services and are not included in the Basic Services performed by FNI. 14. Submit letters, notifications, drawings, specifications, design documentation and Construction Contract Documents to the applicable federal and state agency(-ies) for regulatory approval, where required. 15. No occupied building are anticipated on this project. Coordination for required ADA compliance rule reviews and associated approvals, with the City's designated authority for review of building facilities will be Additional Services. 16. This project assumes the use of City's standard construction documents including the General Conditions, specifications, details and design guidelines. FNI will use its technical standards for drawings and its technical specifications. FNI will coordinate with the City for any changes to match required specification standards in the Supplemental Conditions and Front -End Documents. 17. This scope of work assumes the Project is delivered using Competitive Sealed Proposals (CSP). 18. Furnish such information necessary to utility companies whose facilities may be affected, or whose services may be required for the Project. 19. Prepare bidder's proposal forms (Project quantities) of the improvements to be constructed. 20. Submit a summary letter to TCEQ verifying the project was designed in accordance with subchapter 217 of the TCEQ regulations. Plans and specifications will be submitted if requested by TCEQ. 21. In coordination with the City, assist the City in development of CSP selection criteria, assist in development of bidding documents for CSP using the City's standard construction contract documents format. 22. Furnish one electronic PDF copy of drawings, specifications, and bid proposals for each submittal review and workshop above, for review and approval by City. Upon final approval by the City, FNI will provide one electronic PDF copy of "Final" sealed drawings and in CAD file format. B. Phase 2 — Existing Plant O&M Manual Development 1. Provide a new Operations and Maintenance (O&M) Manual for the Carters Creek Wastewater Treatment Plant to reflect the current operation and maintenance requirements of the plant. O&M narrative for the new facility that will be constructed as part of this project will be provided under Phase 6. The O&M Manual shall be consistent with current TCEQ regulatory requirements. The O&M Manual will include all existing equipment operations of the plant. 2. The following topics will be covered in the O&M: Page 5 of 17 FNI CITY-42age 77 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services a. Description of the existing plant layout, and unit processes. The basis of the design of influent loading will be based on available information. Process modeling and influent characterization and sampling will be an Additional Service. b. Current TCEQ permit. c. Process control strategy for the following existing process areas: Influent pump station, diversion pump station, headworks, odor control facility, aeration basins 2 — 5, secondary clarifiers 2 — 5, blower buildings, RAS/WAS pump stations, solids handling system, electrical facilities and equipment that are in service and required for the complete functioning of the treatment plant. d. Schedule of maintenance for each treatment equipment in service at the WWTP. e. Sampling and Lab requirements. f. Emergency and safety procedures. 3. Conduct two (2) full -day site visit to take photos and drone photography of the existing process and electrical units. 4. Conduct three meetings to discuss the City's current operating strategy for each piece of equipment currently in service. Meetings to be conducted virtually via Teams. 5. Participate in one (1) quality control review workshop to facilitate quality control, review updated sections of the manual, and receive input from the City. Workshop to be conducted in -person at the City's designated location. 6. Submit three (3) hard copies of the final O&M Manual and one (1) electronic copy in searchable PDF format to the City. 7. Existing electrical equipment manufacturer O&M's will be provided by the City. C. Phase 3 — Procurement Services: Procurement phase services assume the Project is procured based on a Competitive Sealed Proposal selection process. Upon completion of the design services and approval of "Final" drawings and specifications by the City, FNI will proceed with the performance of services in this phase as follows: 1. Assist the City by responding to questions and interpreting proposal documents. Prepare and issue addenda to the proposal documents to plan holders, if necessary, following the City's standard bid process. 2. Assist the City in conducting two (2) separate pre -proposal conferences for the construction project and coordinate responses to questions with the City. Responses to the pre -proposal conference questions will be in the form of addenda issued after the conference. Attend the tour of the project site after the pre -proposal conference. 3. Develop an example "Construction Sequence" presentation, demonstrating to potential contractors possible methodologies for sequencing construction events. FNI will also provide special procedures and construction constraints, clearly identified in the plans, specs and presentation, to define limitations for the Contractor to take any unit process or plant facility out Page 6 of 17 FNI CITY-42age 78 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services of service for construction. Present the sample construction sequence at the pre -proposal conferences. 4. Assist the City in securing Competitive Sealed Proposals. 5. In coordination with the City, assist the City with evaluating proposals for compliance with the Contract Documents. FNI will not be a voting member of the CSP selection panel but will assist with the CSP award process (no interviews are assumed as part of this scope). 6. The City will receive and open, and evaluate Competitive Sealed Proposals based on the published proposer evaluation criteria at the appointed time. Assist the City with the final negotiation with the selected Contractor. 7. Assist the city in preparing "Issued for Construction" Construction Contract Documents. "Issued for Construction" drawings and specifications shall incorporate any changes from addenda into the final electronic documents, and the documents shall be reprinted with the appropriate changes notated and clouded per FNI record drawing standards. 8. Provide one (1) electronic copy of the "Issued for Construction" specifications, which include information from the selected contractor's proposal documents, legal documents, addenda, and directions for the execution of these documents for execution by the construction Contractor and the City. Distribute one (1) electronic copy of executed documents to the Contractor with a Notice of Award. Provide City and FNI with one (1) electronic copy of each of these documents. Additional sets of executed documents can be provided as an additional service. 9. Furnish the City one (1) copies and the Contractor one (1) electronic copy of the half -sized drawings and Conformed specifications for construction pursuant to the General Conditions of the Construction Contract. Additional hard copy sets of Conformed documents can be provided as an additional service. An additional hard copy of half -sized drawings and conformed drawings shall be provided to FNI. 10. Furnish the City with one (1) electronic set and the Contractor with one (1) electronic set of drawings for use during construction. Additional set of documents can be provided as an additional service. F. Phase 4 — Construction Phase Services: Upon completion of the procurement phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect the City in providing these services. However, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. This scope assumes that the services of a Resident Project Representative (RPR) will not be provided by FNI. It is assumed that the City will provide day-to-day Page 7 of 17 FNI CITY-42age 79 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services construction quality inspections and field checks of materials and equipment. RPR service will be an Additional Service. 1. Assist the City in conducting one (1) pre -construction conference with the selected Contractor at the construction site, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract, and proposed construction. 2. Participate in thirty (30) Construction Progress Meetings with the City and the Contractor at the construction site to observe the progress and the quality of work and to attempt to determine, in general, if the work is proceeding in accordance with the construction Contract Documents. In this effort, FNI will endeavor to protect the City against defects and deficiencies in the work of Contractors and will report any observed deficiencies to the City. Assist the City in establishing an agenda for these meetings, facilitate meeting discussion, and provide minutes for each meeting for City and Contractor comment. 3. Makeup to thirty (30) additional visits to the site, non -concurrent with the monthly site visits and meetings, to provide additional specialty observation or inspection associated with structural, electrical, site civil and process mechanical work as may be required for the Project. Visits to the site in excess of the specified number is an Additional Service. 4. Establish communication procedures with the City and Contractor. Submit thirty-three (33) monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, payments made, construction schedule and pending and approved contract modifications. 5. Establish and maintain a project documentation system using FNI's FNiManager Project Document System, consistent with the requirements of the construction contract documents. Monitor the processing of Contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review and respond to Contractor's submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the Project. Monitor the progress of the Contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 6. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. Project assumes thirty-three (33) monthly pay requests will be processed by FNI. 7. Notify the Contractor of non -conforming work observed during site visits. Recommend actions to correct defective work and recommend to City any special materials tests or performance tests needed. 8. Interpret the drawings and specifications for City and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by City, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. Page 8 of 17 FNI CITY-42age 80 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services 9. Review up to one hundred (100) quality -related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the Construction Contract Documents. The number of quality documents identified is estimated by FNI based on performance on similar projects and the number of documents identified in the plans and specifications. Review of Contractor quality -related documents in excess of this amount is an Additional Service. 10. Provide for Review of Contractor's requests for information (RFIs). Maintain document control systems, review Contractor RFIs and prepare responses in accordance with the Contract Documents. Provide interpretation and communicate engineering intent if information is not explicitly addressed in the Contract Documents. It is anticipated that FNI will review and respond to up to a total of fifty (50) RFIs. Review of RFIs in excess of the specified number is an Additional Service. 11. Provide for review of Contractor submittals including shop drawings, operation and maintenance manuals and other documentation required by the construction contract documents. It is anticipated that FNI will review and respond to up to a total of two hundred and sixty (260) submittals and resubmittals. Review of submittals in excess of the specified number is an Additional Service. 12. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the Contractor on behalf of the City to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the City. Documentation of field orders, where completion schedule or cost to City is not impacted, will also be prepared. FNI will process up to fifteen (15) Cost Proposals (CPs), ten (10) Requests for Cost Proposals (RCPs), five (5) change orders and five (5) field orders during the construction phase. Providing these services to review or evaluate construction Contractor's claim(s) or City -initiated changes, supported by causes not within the control of FNI, above these amounts are an Additional Service. Investigations, analyses, studies, or designs for substitutions of equipment or materials, corrections of defective or deficient work of the Contractor or other deviations from the construction contract documents requested by the Contractor and approved by the City are an Additional Service. Substitutions of materials or equipment or design modifications requested by the City are an Additional Service. 13. FNI will attend one (1) facility startup planning meetings, to discuss facility startup plan and startup coordination for the facility. An additional 40 hours are assumed for startup assistance and performance optimization of the new project units. 14. Conduct, in company with City's representative, one (1) substantial completion walkthrough of the Project to establish final punchlists for project completion of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the Contractor before the recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the Contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor. Visiting the site to review completed work for more than one (1) trip is an Additional Service. Page 9 of 17 FNI CITY-42age 81 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services 15. Conduct, in company with City's representative, one (1) final completion walkthrough of the project to verify the completion of punch list items for granting final completion to the Project. E. Phase 5 — Post Construction Phase Services: 1. Revise the construction drawings in accordance with the information furnished by construction Contractor reflecting changes in the Project made during construction. One (1) half-size sets of prints of "Record Drawings" and one (1) full-size prints and electronic copy in PDF format shall be provided by FNI to City. All digital record drawings and model files will be provided to the City via electronic submission. 2. Provide an updated Operations and Maintenance (O&M) Manual for the treatment plant to reflect changes in the operation of the plant. The 0&M Manual shall be consistent with current state regulatory requirements. The O&M Manual will include all new equipment operations of the plant, and related unit process operations. Participate in one (1) quality control review workshops to facilitate quality control, discuss O&M Manual progress, review updated sections of the manual, and receive input from the City. Prepare three (3) hard copies of the final O&M Manual and one (1) electronic copy in searchable PDF format to the City. Coordinate scheduling of, and participate in end -of -warranty inspections, scheduled approximately one (1) month prior to completion of the Contractor's warranty period. FNI will provide a letter to the Contractor for each inspection identifying any deficiencies found in workmanship, materials or equipment, and the recommended actions to be taken with a schedule of completion. One (1) warranty inspection is scheduled as eight (8) hours duration for a professional engineer with some assistance from an engineer -in -training. F. Phase 6 — Subsurface Utility Engineering (SUE): Provide SUE investigation of critical areas at the treatment plant site to detect underground utilities including, water lines, wastewater lines, gas and/or oil lines, electric conduit and buried electrical power, phone, fiber optic and other buried infrastructure. Perform up to 10 SUE Quality Level A test holes to confirm the horizontal and vertical location of existing utilities that cross proposed structures or alignments. To the extent possible, perform test holes as close as possible to anticipated crossing locations. Coordinate test hole work with the applicable utility company and acquire any necessary permits or permissions. Survey the location and results of test holes and incorporate them into the Project's base CAD file and reflect the relevant information in the plan sheets and specifications; submit a separate summary report of the findings, signed and sealed by a licensed professional engineer. The report should include site photos, ground elevation, depth to top of utility elevation, horizontal location coordinates and type of material of existing utility. G. Phase 7 — TPDES Permitting Amendment: Compile Existing Information: FNI will utilize the current TPDES permit application forms provided by the TCEQ. FNI will coordinate with the City to review and update data, identify other information needed for the application, and take photographs and make general Page 10 of 17 FNI CITY-42age 82 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services observations at the facility. FNI will review the previously submitted application and utilize existing data and information to extent possible. 4. Compile Effluent Analysis Results: FNI will prepare a data request memorandum outlining the required laboratory analyses for the permit application, which FNI will coordinate the required effluent collection and analysis by the laboratory. FNI will engage accredited laboratory for analytical sampling for the permit amendment application. FNI will provide the laboratory copies of tables to be completed from the current TCEQ application form, including the analyses of pollutants in treated effluent. The laboratory will complete these tables to reduce the risk of transcription errors. Prepare Permit Application and Transmittal Letter: FNI will prepare the draft permit application and provide a digital copy for the City's review. FNI will finalize the application based on the City's comments and submit a final original application and four copies to TCEQ on the City's behalf. FNI will also provide up to three hard copies copies of the final application for the City's files. 6. Post Application Follow-up: Following submittal of the application, FNI will answer questions and respond to requests for additional information, if any. Up to twenty (20) hours of follow-up to address questions raised during the TCEQ application review period is assumed. 7. Review Draft TPDES Permit: FNI will review the draft TPDES permit issued by the TCEQ following TCEQ's review of the renewal application. FNI will prepare a memorandum outlining the changes to the draft permit and general comments regarding the draft permit for the CITY to review prior to the TCEQ response deadline. H. Phase 8 —Topographical Survey 8. Provide additional Topographic Surveying of the plant site as required for the design phase. I. Phase 9 — Geotechnical Services 9. Provide a Geotechnical Investigation and Geotechnical Engineering Report of the plant site required for the design phase. J. Phase 10 — Asbestos and Lead Survey: 10. Coordinate with a third -party licensed asbestos consultant to conduct a survey at the existing ATAD and biofilter facility. The asbestos consultant will provide a report with the findings of the survey. 11. Provide, based on the findings of the asbestos surveys, the asbestos abatement specifications that the third -party asbestos consultant will develop for incorporation into the Project Documents. 12. Coordinate with a licensed third -party lead consultant to conduct a survey at the existing ATAD and biofilter facility. The lead consultant will provide a report with the survey's findings. Page 11 of 17 FNI CITY --Page 83 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services 13. Provide, based on the findings of the lead inspections, the lead abatement specifications that the third -party asbestos consultant will develop for incorporation into the Project Documents. 14. Submit an electronic copy of the summary reports to the City. K. Phase 11— Materials Testing 15. Provide for construction material testing for purposes of the City's quality control during construction. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials for quality control of the Project. Testing services will be done in accordance with the minimum requirements defined in the project specifications. Retest due to deficient work shall be performed at the Contractor's expense per the contract documents. Changes to the project limits or scope of construction, either during design or construction may necessitate a change in testing services and may constitute Additional Services. 16. An allowance of $40,000 is assumed for this effort. ARTICLE II — ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by City, which are not included in the above -described Basic or Special Services, are described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. GIS mapping services or assistance with these services. C. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. D. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by City. E. Providing renderings, models, and mock-ups requested by the City. F. Revising drawings, specifications, or other documents when such revisions are 1) not consistent with approvals or instructions previously given by City or 2) due to other causes not solely within the control of FNI. G. Providing consultation concerning the replacement of any work damaged by fire or other cause during the construction and providing services as may be required regarding the replacement of such work. H. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by City. I. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. J. Providing shop, mill, field or laboratory inspection of materials and equipment. K. Observing factory tests of equipment at any site remote to the Project or observing tests required as a result of equipment failing the initial test. L. Conducting pilot plant studies or tests. M. Preparing data and reports for assistance to City in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. Page 12 of 17 FNI CITY-42age 84 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services N. Services of a Resident Project Representative (RPR) to act as Owner's on -site representative during the Construction Phase O. Furnishing Special Inspections required under the International Building Code. These Special Inspections are often continuous, requiring an inspector dedicated to inspection of the individual work item, and they are in addition to General Representation and Resident Representation services noted elsewhere in the contract. Assisting City in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). Q. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. R. Assisting City in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. S. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. T. Performing investigations, studies, and analyses of work proposed by construction Contractors to correct defective work. U. Design, contract modifications, studies or analyses required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this Agreement. V. Services required to resolve bid protests or to rebid the Projects for any reason. W. Visits to the site more than the number of trips included in Basic Services for periodic site visits, coordination meetings, or contract completion activities. X. Any services required because of default of the Contractor(s) or the failure, for any reason, of the Contractor(s) to complete the work within the contract time. Y. Providing services after the completion of the construction phase not specifically listed in Basic Services. Z. Providing Basic or Additional Services on an accelerated time schedule. The scope of this service includes cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the City. AA. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. BB. Providing services to review or evaluate construction Contractor's claim(s), provided said claims are supported by causes not within the control of FNI. CC. Providing value engineering studies or reviews of cost savings proposed by Construction Contractors after bids have been submitted. DD. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this Professional Services Agreement. EE. Provide follow-up professional services, including warranty inspections, during Contractor's warranty period. FF. Providing data, reports or briefings to City Councils or governing boards on the status of the Project. GG. Designing additional facilities beyond those identified in Basic Services. HH. The scope of services for this project is based on the assumption that the application will be processed by the TCEQ as an uncontested, routine TPDES permit application. If the permit becomes contested, additional effort would be necessary. Other items that would be considered Page 13 of 17 FNI CITY-42age 85 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services additional services would include, but not necessarily be limited to, attending meetings with the TCEQ; applying for a buffer zone variance; and follow-up with TCEQ beyond the services provided in Phase 6, paragraph 4 above. II. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) for the Project. A. Providing services for pre -qualification of prospective bidders and issuing a list of eligible bidders prior to bid opening. KK. Council Presentations and Public Meetings: Participate in project update presentations to City Council and public meetings on the design, bid, or award process.. LL. Electrical relay, power system and ARC flash studies. MM. Equipment Commissioning services. NN. Equipment witness testing for any new equipment being proposed as part of this project. ARTICLE III - TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services in accordance with the following schedule: Phase 1 - Final Design Services Phase 2 - Bid and Procurement Phase Services Phase 3 - Construction Phase Services Phase 4 - Post Construction Phase Services 12 months from NTP 4 months from Final Desipan Completion 30 months from Contractor NTP 3 months from Final Completion Date If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include, but are not limited to, delays in City or regulatory reviews, delays in the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in Attachment CO. ARTICLE IV - RESPONSIBILITIES OF CITY: CITY shall perform the following in a timely manner so as not to delay the services of FNI: A. City recognizes and expects that certain Change Orders may be required. FNI recommends that the City budget a minimum of 5% of the estimated project cost for construction change orders. Further, City recognizes and expects that certain Change Orders may be required to be issued as the result in whole or part of imprecision, incompleteness, errors, omission, ambiguities, or inconsistencies in the Drawings, Specifications, and other design documentation furnished by FNI or in the other professional services performed or furnished by FNI under this Agreement ("Covered Change Orders'). Accordingly, City agrees to pay for Change Orders and otherwise to make no claim directly or indirectly against FNI on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Covered Change Orders unless the aggregate costs of all such approved Covered Change Orders exceed 5% for new construction and reconstruction. Any responsibility of FNI for the costs of Covered Changed Orders in excess of such percentage will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the cost of Covered Change Orders will not include: • Any costs that City would have incurred if the Covered Change Order work had been included originally in the Contract Documents and without any other error or omission of FNI related thereto; • Any costs that are due to unforeseen site conditions; Page 14 of 17 FNI CITY-42age 86 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services • Any costs that are due to changes made by the City; or • Any costs that are due to the Contractor. Nothing in this provision creates a presumption that, or changes the professional liability standard for determining if, FNI is liable for the cost of Covered Change Orders in excess of the percent of Construction Cost stated above or for any other Change Order. Wherever used in this document, the term FNI includes FNI's officers, directors, partners, employees, agents, and FNI's Consultants. B. City will designate in writing a person to act as City's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret, and define City's policies and decisions with respect to FNI's services for the Project. C. City will provide all criteria and full information as to City's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which City will require to be included in the drawings and specifications. D. City will assist FNI by placing at FNI's disposal all available information pertinent to the Project, including previous reports, record drawings and any other data relative to design or construction of the Project. E. City will arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this Agreement. F. City will examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as City deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. G. City will submit such documents, plans and specifications to appropriate regulating agencies and request the required approvals as expeditiously as is reasonable. H. City will provide such accounting and independent cost estimating services as may be required for the Project, such legal services as City may require, such auditing services as City may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as City may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. If City designates a person to serve in the capacity of Resident Project Representative who is not FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment RPR attached to and made a part of this Agreement before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase services as defined in Article I, Phase 4, together with such adjustment of compensation as appropriate. Page 15 of 17 FNI CITY-42age 87 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services City will attend the design progress meetings, pre -bid conference, bid opening, preconstruction conferences, construction progress and other job -related meetings and substantial completion inspections. K. City will give prompt written notice to FNI whenever City observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. L. City will submit the required TPDES Application Fee before or at the time the application is submitted. Failure to submit payment at the time the application is filed can delay TCEQ's permit processing. City will also provide advertisement and notification of permit application, as required by the regulatory agencies. M. City shall bear all costs incident to compliance with the requirements of this Article V. ARTICLE V - DESIGNATED REPRESENTATIVES: FNI and CITY designate the following representatives: City's Designated Representative — Casey Rhodes 300 Krenek Road College Station, TX, 77845 979-764-6248 crhodes@cstx.gov FNI's Designated Representative — Gennady Boksiner 12770 Merit Drive Dallas, TX, 75251 214-217-2224 gb@freese.com FNI's Accounting Representative — Ashley O'Neil 10431 Morado Circle Austin, TX, 78759 512-737-2051 ashley.oneil@freese.com Page 16 of 17 FNI CITY-42age 88 of 270 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 $ N/A 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 one and fifteen hundredths percent percent (L15 %) 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: ($ 3,681,493.00 W] 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. 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: Reimbursable expense shall not exceed twenty -thousand ($20,000.00). Contract No. 25300225 A&E Professional Services with Construction Form 04-06-2023 Page 89 of 270 City of College Station Carters Creek WWTP Effluent Filter Improvements Phase II Engineering Scope of Services ARTICLE VI — COMPENSATION (ATTACHMENT CO) Phase 2 — Existing Plant O&M Development Phase 3 — Bid Phase Services Phase 4 — Construction Phase Services Phase 5 — Post Construction Phase Phase 6 — Sub -surface Utility Engineering Phase 7 — TPDES Permit Amendment Phase 8 —Topographic Survey Phase 9 — Geotech Survey Phase 10 — Asbestos and Lead Survey Phase 11— Materials Testing Basic Services Total (Cost Plus Max) $212,655 $109,695 $1,020,683 $174,233 $ 61, 204 $23,479 $38,994 $23,474 $14,130 $46,000 $3,661,492 Page 17 of 17 FNI CITY --Page 90 of 270 COMPENSATION ATTACHMENT CO Compensation to FNI for Basic Services in Attachment SC shall be computed on the basis of the following Schedule of Charges, but shall not exceed Three Million Four Hundred Seventy Seven Thousand Six Hundred Ninety Dollars ($3,477,690). Compensation to FNI for Special Services in Attachment SC shall be computed on the basis of the following Schedule of Charges, but shall not exceed One Hundred Eighty Three Thousand Eight Hundred Three Dollars ($183,803). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges. Hourly Rate Position Min Max Professional 1 91 182 Professional 123 200 Professional 140 305 Professional 4 161 333 Professional 238 361 Professional 242 448 Construction Manager 1 119 168 Construction Manager 2 123 207 Construction Manager 3 154 207 Construction Manager 4 179 270 Construction Manager 5 214 315 Construction Manager 6 284 375 Construction Representative 1 81 95 Construction Representative 2 95 123 Construction Representative 3 130 196 Construction Representative 4 130 196 CAD Technician/Designer 1 88 126 CAD Technician/Designer 2 105 207 CAD Technician/Designer 3 137 263 Corporate Project Support 1 74 165 Corporate Project Support 2 84 242 Corporate Project Support 3 105 350 Intern / Coop 56 98 Rates for In -House Services and Equipment Mileage Bulk Printing and Reproduction Eauipment Standard IRS Rates B&W Color Valve Crew Vehicle (hour) $75 Small Format (per copy) $0.10 $0.25 Pressure Data Logger (each) $500 Technologv Charge Large Format (per sq. ft.) Water Quality Meter (per day) $100 $8.50 per hour Bond $0.25 $0.75 Microscope (each) $150 Glossy / Mylar $0.75 $1.25 Ultrasonic Thickness Guage (per day) $275 Vinyl / Adhesive $1.50 $2.00 Coating Inspection Kit (per day) $275 Flushing / Cfactor (each) $500 Mounting (per sq. ft.) $2.00 Backpack Electrofisher (each) $1,000 Binding (per binding) $0.25 Survev Grade Standard Drone (per day) $200 $100 GPS (per day) $150 $50 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multipler of 1.15. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These ranges and/or rates will be adjusted annually in February. Last updated 2024. 350022024 Page 91 of 270 1� 4 1 4 4 1 11 1 2 1 2 2 2 2 Page 92 of 270 4 4 1 4 4 4 1 4 1 'T 1 1.4 1 4 4 1 4 14 1 14= 14 1 1. 1— S 12212 1 1711 4� 11*7 41- 4� 141 1141 4. 1. 12— I 71,1 Page 93 of 270 Page 94 of 270 Page 95 of 270 EXHIBIT C CERTIFICATE(S) OF INSURANCE Contract No. 25300225 A&E Professional Services with Construction Form 04-06-2023 Page 96 of 270 FREEAND-02 KSUTTON '4coszo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) #*.� 1 /3/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames & Gough PHONE FAX 8300 Greensboro Drive (A/C, No, Ext): (703) 827-2277 (A/C, No):(703) 827-2279 Suite 980 ADDRIESS: admin@amesgough.com McLean, VA 22102 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Fire Insurance Company of Hartford A(XV) 20478 INSURED INSURER B: Valley Forge Insurance Company A(XV) 20508 Freese and Nichols, Inc. INSURER C: Continental Insurance Company A(XV) 35289 801 Cherry Street, Suite 2800 INSURER D : Travelers Casualty and Surety Company A++. XV 19038 Fort Worth, TX 76102 1 INSURER E INSURER F : 1 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY 'AID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR INSD WVD (MM/DD/YYYYI IMM/DD/WYYI LIMITS 1 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 CLAIMS -MADE OCCUR 7063394194 10/23/2024 10/23/2025 DAMAGE TO RENTED PREMISES (Ea occurrence) 1,000,0001 $ X Contractual Liab. 15,0001 MED EXP (Anv one person) $ PERSONAL & ADV INJURY $ 1,000,0001 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,0001 POLICY X PELOC 2,000,0001 COT- PRODUCTS - COMP/OP AGG $ OTHER: $ 1 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,0001 $ X ANY AUTO 7063394177 10/23/2024 10/23/2025 BODILY INJURY (Per person) $ 1 OWNED SCHEDULED AUTOS AUTOS ONLY BODILY INJURY (Per accident) $ 1 AUTOS ONLY AUUTOS ONLYY E identDAMAGE (Per accident) $ 1 $ 1 C X UMBRELLA LAB OCCUR EACH OCCURRENCE $ 10,000,0001 EXCESS LIAB CLAIMS -MADE 7063394180 10/23/2024 10/23/2025 AGGREGATE $ 10,000,0001 I X I 10,000 1 DED RETENTION $ $ C WORKERS COMPENSATION X IPER OERH 1 Y/ N AND EMPLOYERS' LIABILITYANY 7063394213 10/23/2024 10/23/2025 STATUTE 1,000,0001 PROPRIETOR/PARTNER/E ECUTIVE � N / A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? in NH) 1,000,0001 (Mandatory E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,0001 QPS(.RIPjION qE ePERATIONS below E.L. DISEASE - POLICY LIMIT $ D Professional Llab. 107930947 10/23/2024 10/23/2025 Per Claim 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROFESSIONAL LIABILITY AGGREGATE LIMIT: $10,000,000 RE: CARTER'S CREEK WWTP EFFLUENT FILTERS. The Professional Liability deductible is $100,000. Retro Date for the Professional Liability Policy is: 11/0111965. The City of College Station, Texas, its officials, agents, employees and volunteers are included as Additional Insured with respect to General Liability, Auto SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of College Station, TX THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y 9 ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9960 College Station, TX 77842 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 97 of 270 AGENCY CUSTOMER ID: FREEAND-02 KSUTTON LOC #: 1 AiRO ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED mes &Gough 801 Cher d Nichols, Sulte 2800 POLICY NUMBER port Wort, TX 76102 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Page 1 of 1 Description of Operations/Locations/Vehicles: Liability, and Umbrella Liability when required by written contract. General Liability, Auto Liability and Umbrella Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. General Liability, Auto Liability, Umbrella Liability and Workers Compensation policies include a Waiver of Subrogation in favor of the Additional Insured where permissible by state law and when required by written contract. 30-day Notice of Cancellation will be issued for the General Liability, Auto Liability, Umbrella Liability, Workers Compensation and Professional Liability policies in accordance with policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 98 of 270 January 23, 2025 Item No. 7.5. Texas Parks and Wildlife Department Recreational Trails Grant application Sponsor: Kelsey Heiden Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding a resolution authorizing the submission of the Texas Parks and Wildlife Department Recreational Trails Grant application in the amount of $300,000 for Texas Independence Park. Relationship to Strategic Goals: Recommendation(s): Staff recommends approval of the resolution. Summary: The proposed item is a resolution in support of a grant application to seek grant funding for the future Texas Independence Park. The Texas Parks and Wildlife Department (TPWD) has posted the Recreational Trails Grant Program and is accepting applications through February 1, 2025. While our Texas Parks and Wildlife Local Parks Grant is still under review, we are preparing a second application for the Recreational Trails Grant. This funding would support development of the park's western most section, where the approved master plan includes more than three miles of natural surface multi -purpose trails. The Texas Parks & Wildlife Department administers the National Recreational Trails Fund in Texas under the approval of the Federal Highway Administration (FHWA). The Texas Parks and Wildlife Department's grant application guidelines require City Council authorization to apply for grant funding. If awarded, the reimbursable grant provides up to 80% of project costs with a maximum of $300,000 for non -motorized trail grants. This resolution aligns with the City Council Strategic Plan in Financial Sustainability seeking grants and outside funding. Staff is seeking approval to apply for this grant opportunity to fund a portion of the future Texas Independence Park. It is anticipated that notice of grant awards will be provided to recipients in early summer 2025. As required by TPWD, the deadline for the Department to submit the full application is February 1, 2025. Budget & Financial Summary: If awarded, the City will provide its grant match ($60,000) through an assigned fund balance in the FY25 budget. Attachments: Grant Resolution TPW Page 99 of 270 RESOLUTION NO. A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, AUTHORIZING AN APPLICATION FOR THE RECREATIONAL TRAILS GRANT PROGRAM FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR MULTIPURPOSE TRAILS. WHEREAS, the City desires to apply to Texas Parks and Wildlife Department ("Department") for participating in the Recreational Trails Grant Program ("Program"); and WHEREAS, the City is fully eligible to receive assistance under the Program; and WHEREAS, the City is aware that the Program reimburses eligible expenses up to grant award amount and requires 20% match; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of College Station hereby approves as follows: PART 1: That the City hereby certifies they are eligible to receive assistance under the Program. PART 2: That the City acknowledges it has the financial resources to complete the grant project. PART 3: That the City acknowledges that, if funded, the project must be maintained and open to the public for a period of at least 20 years after project completion. PART 4: That the City Council hereby authorizes and designates the City Manager to negotiate and execute any and all necessary documents to obtain the funding on behalf of the City of College Station. PART 5: That the City Manager as the authorized official is given the power to apply for, accept, reject, alter, or terminate the Recreational Trails Grant Program application on behalf of the City of College Station PART 6: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , 2025. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Page 100 of 270 January 23, 2025 Item No. 7.6. IDIQ Contracts- Onsite Construction Representative Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding the City's Indefinite Delivery/ Indefinite Quantity (IDIQ) where identified firms will provide on -call, as needed, professional services to the City for Onsite Construction Representation. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: On December 4, 2024, the City of College Station received 4 Statements of Qualifications (SOQ) for professional services in response to the Request for Qualifications (RFQ) issued on October 31, 2024. The RFQ provided the interested firms with information necessary to prepare and submit their qualifications for the category of Onsite Construction Representative Services. The SOQs were reviewed by a committee consisting of staff members from Capital Improvements, Water Services, and Planning and Development. Firms were selected based on the following criteria: 40 Points: Firm's General Qualifications and Experience In providing similar services for the City of College Station and other agencies, and success in performing this service 60 Points: Proposed Personnel Relevant Experience, Technical Qualifications and Previous Performance Proposed personnel including relevant experience, background, and task assignment. Staff recommends the approval of the following firms as prequalified firms for Onsite Construction Representative Services: • AGCM • Marek Brothers Construction • Project Control of Texas, Inc. • Shellback Construction, LLC. When the City identifies a need for onsite construction representative services, the City will utilize the IDIQ prequalified firm list. City staff can utilize the firm's services on an on -call, as -needed basis for a period of 3 years and may be extended at the City's discretion. Budget & Financial Summary: N/A Attachments: None Page 101 of 270 Page 102 of 270 January 23, 2025 Item No. 7.7. Regional Groundwater Pumping Impact and Regulatory Requirements Analysis Sponsor: Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a professional services contract with Freese and Nichols, Inc. in the amount of $240,000 for a Regional Pumping and Regulatory Requirements Analysis to assess the effects of proposed regional groundwater pumping from the Simsboro aquifer on College Station's wells. Relationship to Strategic Goals: 1. Core services and infrastructure Recommendation(s): Staff recommends approval Summary: The Regional Pumping Impact and Regulatory Requirements Analysis will evaluate the effects of proposed regional groundwater pumping from the Simsboro aquifer on College Station's wells, including future regulatory considerations. The study will also develop well rehabilitation recommendations and cost estimates for various pumping scenarios, with findings used to assess potential impacts on water rates. Budget & Financial Summary: FY25 Water operating funds will be used for the completion of this study. Attachments: Contract #25300226 Page 103 of 270 V/"" CONTRACT & AGREEMENT ROUTING FORM Crrr oli Coli:cfs 31 a1 10N Ho aI. Ades CONTRACT#: 25300226 PROJECT #: BID/RFP/RFQ#: Project Name / Contract Description: Regional Pumping Impact and Regulatory Requirements Analysis Professional Services Contract Name of Contractor: Freese and Nichols, Inc. CONTRACT TOTAL VALUE: $ 240,000.00 Debarment Check ❑ Yes ❑ No❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # Grant Funded Yes ❑ No �■ If yes, what is the grant number:) Davis Bacon Wages Used ❑ Yes ❑ No* N/A Buy America Required ❑ Yes ❑ No* N/A Transparency Report ❑ Yes ❑ No ❑E N/A CHANGE ORDER # ❑ OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) FY24 Water Operating funds will be used for the completion of this study. (If required)* CRC Approval Date*: n/a Council Approval Date*: 1/23/24 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: Vou Performance Bond: n/a Payment Bond: n/a Info Tech: n/a SIGNATURES RECOMMENDING APPROVAL _'!" "Xq.� 1/3/2025 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE , A(L-v� 1/3/2025 ASST CITY MGR — CFO DATE 166-t , Q. kA�4t� 1/3/2025 LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE n/a MAYOR (ifapplicable) DATE n/a CITY SECRETARY (if applicable) DATE 9.12.23 UPDATED Page 104 of 270 City of College Station Architects & Engineering Professional Services Contract (without construction) This Contract is between the City of College Station, a Texas home -rule municipal corporation, (the "City") and Freese and Nichols, Inc. (FNI) . a Texas 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"): Regional Pumping Impact and Regulatory Requirements Analysis 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 the following: Two Hundred Forty Thousand and NO /100 Dollars ($ 240,000 ). ARTICLE III Time of Performance 3.01 The Consultant shall complete the professional services within the time(s) set forth in Sections 3.02 and 3.03. 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. 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. Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page I 1 Page 105 of 270 3.02 All work and professional services provided under this Contract must be completed by the following date(s): Data request — 15 days after NTP Receipt of requested data —15 days after request Presentation Summarizing Findings — 210 days from receipt of requested data Draft Technical Memorandum — 30 days after presentation summarizing findings Final Technical Memorandum — 15 days after City's comments on the draft report 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, if applicable. The time limits established by this schedule over which Consultant has absolute control shall not be exceeded without written approval from the City. In the event that a deadline provided in this Contract is not met by the Consultant, Consultant shall provide the City with a written narrative setting forth in a reasonable degree of detail a plan of recovery to overcome or mitigate the delay which may include (i) employing additional people, or (ii) accelerating the work by working longer hours on any portion of the Project that 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 sustain and shall be deducted by the City from current amounts owned 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 Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page 12 Page 106 of 270 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 subcontractors under the terms of this Contract. Such services include normal civil, structural, mechanical and electrical engineering services, data accumulation and analysis and any other services normally or customarily furnished and reasonably necessary for the Project. The Consultant shall contract and employ at its expense subcontractors necessary for the performance of the Project, and such subcontractors 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 all matters relating to Consultant's performance of services on the Project, including accumulation of data, data analysis and site visits as necessary and appropriate. Consultant shall be responsible for the completeness and accuracy of all work submitted by or through Consultant and for its compliance with all applicable codes, ordinances, regulations, laws and statutes. ARTICLE IV Performance of Work 4.01 Upon the Consultant's receipt of a letter of authorization from the City to commence its services, the Consultant shall meet with the City for the purpose of determining the nature of the Project which may include, but is not necessarily limited to coordinating Project goals, schedules, and deadlines; coordinating data collection; briefing City's management staff; documenting study assumptions and methodologies; devising the format for any interim reports; and preparing the final report to the City. The Consultant shall inquire in writing as to the information 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. Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page l3 Page 107 of 270 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 the availability, accumulation and analysis of data, tests, reports, site evaluations, surveys, comparisons with other municipal projects, review of budgetary constraints and other investigations necessary for the Project. 4.03 The Consultant shall perform in a manner that contemplates compliance with all applicable laws, statutes, ordinances, codes and regulations. 4.04 Upon City's request, the Consultant shall meet with City staff, the City Council and/or other City boards and commissions to make a presentation of its services on the Project. 4.05 Consultant's performance of services shall include evaluations of the City's project budget, including preliminary and detailed cost estimates. 4.06 Consultant shall keep the City informed of the progress of the services and shall guard against any defects or deficiencies in its services. 4.07 Any and all drawings, specifications and other documents prepared, furnished, or both prepared and furnished by or through Consultant pursuant to this Contract shall be the exclusive property of the City. 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. (a) 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. (b) 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 section 4.07 of the Contract. Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page l4 Page 108 of 270 ARTICLE V Additional Obligations of Consultant 5.01 The City may use documents prepared by Consultant for future projects. The City may elect to use the Consultant to perform such future project; however, if the City elects to use a different professional to perform such future project, that professional will be entitled to use, to the extent allowed by law, the Work Product, including the methodology, analysis or calculations used in performing the work hereunder. The Consultant will not be responsible for errors and omissions of a subsequent architect or engineer. The provisions of this section shall survive termination of this Contract. 5.02 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. 5.03 The Consultant may use portions of the Work Product relating to this Project on other projects, but Project work shall not be used as a whole without prior written authorization by the City. The Consultant shall not use City -furnished forms, conditions, and other documents on other projects. ARTICLE VI Change Orders, Documents & Materials 6.01 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, and the Scope of Services shall not be modified except 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. 6.02 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. 6.03 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 Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page 15 Page 109 of 270 orders totaling 25 percent following such council approval, must be approved by City Council. 6.04 Any request by the Consultant for an increase in the Scope of Services and an increase in the amount listed in Article Two of this Contract shall be made and approved by the City prior to the Consultant providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Consultant agrees to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute. ARTICLE VII Warranty, Indemnification & Release 7.01 As an experienced and qualified 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 services performed for the Project and the Work Product generated, including studies, reports, analyses, calculations, the designation or recommendation 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 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 work prepared by the Consultant, its employees, associates, agents, or subcontractors. 7.02 The Consultant shall promptly correct any defective Work Product, including any errors or deficiencies, 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. 7.03 In all activities or services performed hereunder, the Consultant is an independent contractor and not an agent or employee of the City. The Consultant and its employees are not the agents, servants, or employees of the City. As an independent contractor, the Consultant shall be responsible for the professional services and the final Work Product contemplated under this Contract. Except for materials furnished by the City, the Consultant shall supply all materials, equipment, and labor required for the professional services to be provided under this Contract. The Consultant shall have ultimate control over the execution of the services it is to provide under this Contract. The Consultant shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees or subcontractors, and the City shall have Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page l6 Page 110 of 270 no control of or supervision over the employees of the Consultant or any of the Consultant's subcontractors. 7.04 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 performing work on the Project including during any site visits. 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. 7.05 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 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) (this section intentionally left blank) (c) Consultant shall procure liability insurance covering its obligations under this section. (d) It is mutually understood and agreed that the indemnification provided for in this section 7.05 shall indefinitely survive any expiration, completion or termination of this Contract. There shall be no additional indemnifications other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 7.06 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 Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Pagel? Page 111 of 270 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. 7.07 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 7.05 and 7.06, 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 VIII Insurance 8.01 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 below: During the term of this Contract Consultant's insurance policies shall meet the minimum requirements of this section: 8.02 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. 8.03 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 or 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 Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page 18 Page 112 of 270 approved by the City before any letter of authorization to commence project will issue or any work on the Project commences. 8.04 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 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 company or its authorized agent on the most current State of Texas Department of Insurance -approved forms. 8.05 Commercial General Liability requirements. The following Commercial General Liability requirements shall apply: (a) Coverage shall be written by a carrier rated "AXIII" 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. 8.06 Business Automobile Liability requirements. The following Business Automobile 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 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. Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page l9 Page 113 of 270 (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. 8.07 Workers' Compensation/Employer's Liability Insurance requirements. The following Workers' Compensation/Employer's Liability Insurance shall include the following terms: (a) Employer's Liability limits of $1,000,000 for each accident is required. (b) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. (c) 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. 8.08 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 IX Termination 9.01 At any time, the City may terminate the Project for convenience, in writing. At such time, the City shall notify Consultant, in writing, who shall cease work immediately. Consultant shall be compensated for the services performed. In the event the City terminates this Contract for convenience, the City shall pay Consultant for the services performed and expenses incurred prior to the date of termination. 9.02 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 Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page 110 Page 114 of 270 until the exact amount of damages due the City from the Consultant is determined and paid. ARTICLE X Miscellaneous Terms 10.01 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. 10.02 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: Stephen Maldonado Jr., PE College Station, Texas 77842 Consultant: Freese and Nichols, Inc. Attn: Richard Weatherly, PE 11200 Broadway Street, Ste 2320 Pearland, TX 77854 10.03 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 parry 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. 10.04 This Contract represents the entire and integrated agreement between the City and the Consultant 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. Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page Ill Page 115 of 270 10.05 This Contract and all rights and obligations contained herein may not be assigned by the Consultant without the prior written approval of the City. 10.06 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. 10.07 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. 10.08 The Consultant, its agents, employees, and subcontractors 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. 10.09 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. 10.10 This Contract goes into effect when duly approved by all the parties hereto. 10.11 Notice of Indemnification. City and Consultant hereby acknowledge and agree this Contract contains certain indemnification obligations and covenants. 10.12 Verification no Boycott. To the extent applicable, this Contract is subject to the following: (a) Bovcott Israel. If this Contract is for goods and 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; (b) Bovcott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Consultant 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 Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page 1 12 Page 116 of 270 (c) Bovcott Enerizv 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. 10.13 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 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 maj eure. 10.14 Fraud Reporting. To reduce the risk of fraud and to protect the Contractor's financial information from fraud, the Contractor must report to the City in writing at VendorInvoiceEntrvncstx.izov if the Contractor reasonably suspects or knows if nay of their financial information has been subject to fraudulent activity or suspected fraudulent activity. Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page 1 13 Page 117 of 270 List of Exhibits A. Scope of Services B. Payment Terms C Certificates of Insurance FREESE AND NICHOLS, INC. By: ri&A4 Printed Name: Richard Weatherly Title: vice President Date: 1/2/202 5 Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 CITY OF COLLEGE STATION W. City Manager Date: APPROVED: -kL, g. Usw City Attorney Date: 1/3/202 5 Assistant City Manager/CFO Date:1/3/2025 Page 1 14 Page 118 of 270 Exhibit A Scope of Services Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page 119 of 270 Innovative a Practical res Outstanding 11200 Broadway Street, Suite 2320 • Pearland, Texas 77584 • 832-456-4700 • FAX 817-735-7491 www.freese.com Novembre 8, 2024 Stephen Maldonado Jr, PE Assistant Director of Water Services City of College Station, Texas CTTY OF COT 1601 Graham Road ,T,F.GF ST�TTOI� Home ofTexasA&M University" College Station, TX 77845 RE: CONTRACT PROPOSAL FOR REGIONAL PUMPING IMPACT AND REGULATORY REQUIREMENTS ANALYSIS; CITY OF COLLEGE STATION, TEXAS Dear Mr. Maldonado: Freese and Nichols, Inc. (FNI) is pleased to submit this proposal for engineering services to the City of College Station for the Regional Pumping Impact and Regulatory Requirements Analysis. We appreciate this opportunity to assist the City of College Station. If you are in agreement with the services described in the attached proposal and wish for us to proceed with this project, please return a final professional services agreement for execution. If you have any questions, please do not hesitate to call or e-mail me at: (713) 600-6824 or rawPfreese.com. Thank you for considering Freese and Nichols and we look forward to working with you on this project. Sincerely, Richard Weatherly, PE Vice President/Project Manager Freese and Nichols, Inc. Page 120 of 270 City of College Station Scope of Services for Regional Pumping Impact and Regulatory Requirements Analysis 1110812024 Attachment SC City of College Station Professional Services for Regional Pumping Impact and Regulatory Requirements Analysis Scope of Services PROJECT UNDERSTANDING ('- CI Gniit;i The City of College Station (City) recently completed a Wellfield Capacity Enhancement Plan project which included the development of a rehabilitation plan for the City's Simsboro wells based on groundwater modeling. The Wellfield Capacity Enhancement Plan evaluated existing and future groundwater usage scenarios within the region which may influence the production capacity of College Station's wells. Since the Wellfield Capacity Enhancement Plan, there have been additional transport permit applications which may impact College Station's wellfield CIP. The purpose of this Regional Pumping Impact and Regulatory Requirements Analysis (Study) is to evaluate the impacts of the proposed aggregated production by Upwell Brazos Valley Farm (UWBVF) and others from the Simsboro aquifer in Robertson County, Texas on the City of College Station's (City's) Simsboro wells. The impact of potential future regulatory requirements on the City's well production capacity will also be evaluated. The project tasks are shown in Table 1. The proposed transport permit applications referenced throughout this scope refer to the applications requesting to transport up to 100,000 acre-feet per year from the Simsboro aquifer in Robertson County, Texas: RH2O LLC (5 wells) (BVTP-002); Clifford A. (Trey) Skiles III (2 wells) (BVTP-003); James Brien (2 wells) (BVTP-004); L. Wiese Moore LLC (2 wells) (BVTP-005); Fazzino Investments LP (6 wells) (BVTP-006); Ely Family Partnership LP (8 wells) (BVTP-007); Cula d'Brazos LLC (7 wells) (BVTP-008); and Co -applicant: UWBVF (16 wells) (BVTP-001). Table 1: Wellfield Capacity Enhancement Plan Tasks B Regional Pumping Impact and CIP Update C Presentation Summarizing Findings and Technical Memorandum BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional services to the City of College Station (City) in connection with the development of the Project, described as: Regional Pumping Impact and Regulatory Requirements Analysis. A-1 Page 121 of 270 City of College Station IN Scope of Services for Regional Pumping Impact and Regulatory Requirements Analysis (*- ' 1110812024 0, 8 GIlII(,[ s,„ 1,,­ i, 11 1, ,If I b... TASK A: DATA EVALUATION Al. Project Kick-off Meeting and Communication FNI will meet with City staff to review the scenarios to be evaluated as part of this scope of work along with the project schedule. FNI will provide and review a data request memorandum outlining data needs to be requested from the City, the Brazos Valley Groundwater Conservation District (BVGCD), and Upwell Brazos Valley Farm (UWBVF). Throughout the project, monthly status updates will be submitted that summarize progress, key decisions, and document upcoming tasks. A2. Data Collection FNI team will request and review available information from the City, the BVGCD, and UWBVF. The information requested may include operating and transport permit applications, groundwater availability model (GAM) pumpage input files by UWBVF and BVGCD used in the evaluation of the proposed transport permit applications, the latest BVGCD-revised modified GAM, and district measured water level data from monitoring wells across Brazos and Robertson counties and adjacent counties as applicable. TASK B: REGIONAL PUMPING IMPACT AND CIP UPDATE 131. Groundwater Modeling and Analysis FNI team will review the historical data collected as part of Task A2 and utilize the data to evaluate the impacts of the proposed transport permit applications by Upwell and others from the Simsboro aquifer on pumping level projections, well -to -well interference, and overall long-term production capacity of the City's existing wells. Finite -difference modeling with the current GAM and the BVGCD- modified GAM will be utilized to assess the impacts of the proposed transport permit applications in the region and on the City's wellfield. The impact to compliance with the BVGCD's current approved DFC will also be evaluated. This task includes the analysis of up to six (6) model scenarios, including: 1. The baseline S-19 DFC model scenario with the current GAM, 2. The baseline S-19 DFC model scenario with the BVGCD-modified GAM, 3. The model scenario with pumpage from the proposed transport permits of up to 50,000 acre- feet/year provided by BVGCD with the modified GAM, 4. The model scenario with pumpage from the proposed transport permits of up to 80,000 acre- feet/year provided by BVGCD with the modified GAM, 5. The model scenario with pumpage from the proposed transport permits of up to 100,000 acre-feet per year provided by the BVGCD with modified GAM, and 6. The model scenario with pumpage from the proposed transport permits plus recently permitted production within BVGCD for a total of approximately 190,000 acre-feet/year. A-2 Page 122 of 270 City of College Station ` Scope of Services for Regional Pumping Impact and Regulatory Requirements Analysis (*— 1110812024 CITY OF COLLUGIi STATION Homy nfT A&M Uni_i9* B2. Regulatory Evaluation FNI team will review existing BVGCD rules and management plan, and planning efforts of GMA-12 to identify regulatory issues that may affect future groundwater production in the region and from the City's wellfield. The evaluation will include consideration for the potential future curtailment timeline for the five scenarios described in Task B1 based on thresholds defined within the BVGCD rules and to what degree of the City's production may be reduced. B3. Develop Rehabilitation Recommendations FNI will develop rehabilitation recommendations based on the updates to the projected pumping levels for up to five (5) scenarios considering curtailment. The rehabilitation recommendations will consider impacts of the proposed transport permit applications to College Station's wellfield including electrical equipment needs, depth of wells, and pump sizing. Planning level opinions of probable construction costs (OPCCs) will be developed in 2025 dollars for each of the scenarios and will be projected to future dollars where applicable. FNI will also evaluate the annual power costs for up to five (S) scenarios to be utilized in the water rate impact evaluation (Task 134). FNI will also identify additional future water supply needs based on the impact of curtailment and development projections from the 2021 Water and Wastewater Impact Fee Update. Evaluation of alternative water sources and development of OPCCs related to alternative water sources are not included as part of this scope of work. 134. Evaluate Water Rate Impacts FNI will work with City staff to plan, evaluate, and quantify the water rate impact for up to five (5) scenarios. This task includes an evaluation of the City's revenue sufficiency only and does not include changes to the City's rate structure. Both the capital and the annual power costs developed as part of Task 63 will be utilized as part of this task. It assumed the existing rate model will be used for the analysis working in collaboration with City staff. B5. Rehabilitation Capital Improvement Plan Review Meeting FNI will meet with the City to review hydraulic analysis results and capacity and rehabilitation improvement recommendations. The City's comments will be addressed. TASK C: PRESENTATION SUMMARIZING FINDINGS AND TECHNICAL MEMORANDUM C1. Presentation Summarizing Findings FNI team will prepare a presentation for City leadership summarizing the impacts of the proposed transport permit applications by Upwell and others from the Simsboro aquifer, and potential future regulatory curtailments on College Station's wellfield and CIR A-3 Page 123 of 270 City of College Station I ` Scope of Services for Regional Pumping Impact and Regulatory Requirements Analysis 1110812024 CITY OF COLI.F.GE STATION H ofT A&MU-9- C2. Technical Memorandum FNI will develop a technical memorandum that summarizes the impact of the proposed transport permit applications and potential future regulatory curtailments on College Station's wellfield. FNI will deliver one (1) electronic PDF copy of the draft technical memorandum to the City for review. Based on the City's review comments, FNI will revise the draft memorandum and deliver one (1) electronic PDF copy of the final technical memorandum. Schedule • Data request —15 days after NTP • Receipt of requested data —15 days after request • Presentation Summarizing Findings — 210 days from receipt of requested data • Draft Technical Memorandum — 30 days after presentation summarizing findings • Final Technical Memorandum —15 days after City's comments on the draft report Summary of Fee for Eneineerine Services FNI proposes to perform the basic services outlined in the above sections for a total lump sum project fee of Two Hundred and Forty Thousand Dollars ($240,000). Table 2: Breakdown of Basic Services Fee by Task B Regional Pumping Impact and CIP Update $186,400 C Presentation Summarizing Findings and Technical Memorandum $29,600 A-4 Page 124 of 270 Exhibit B Payment Terms SELECT ONE: 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 $ n/a 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 n/a percent (0 %) 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 ($ 240,000.00 �. 0 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. ❑ 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. Schedule of Payment for each phase: Data Evaluation $24,000.00 Regional Pumping Impact and CIP update $186,400.00 Presentation Summarizing Finds & Technical Memorandum $29.600.00 $240,000.00 Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page 125 of 270 Exhibit C Certificate(s) of Insurance Contract No. 25300226 A&E Professional Services without Construction Form 05-04-2023 Page 126 of 270 FREEAND-02 KSUTTON HLCJKLJ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12/16/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames & Gough PHONE FAX 8300 Greensboro Drive (A/C, No, Ext): (703) 827-2277 (A/C, No):(703) 827-2279 Suite 980 EMAIL ADDRESS: admin@amesgough.com McLean, VA 22102 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Fire Insurance Company of Hartford A(XV) 20478 INSURED INSURER B : Vallev Forqe Insurance Company A(XV) 20508 Freese and Nichols, Inc. INSURER C: Continental Insurance Company A(XV) 35289 801 Cherry Street, Suite 2800 INSURER D : Travelers Casualty and Surety Company A++. XV 19038 Fort Worth, TX 76102 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY 'AID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DDIYYYYI (MM/DDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 CLAIMS -MADE � OCCUR 7063394194 10/23/2024 10/23/2025 DAMAGE TO RENTED PREMISES (Ea 1,000,0001 $ X Contractual Liab. occurrence) MED EXP (Any one person) $ 15,0001 1,000,0001 PERSONAL & ADV INJURY $ GEN'L GENERAL 2,000,0001 AGGREGATE LIMIT APPLIES PER: POLICY X LOC AGGREGATE $ 2,000,000I PECOT- PRODUCTS - COMP/OP AGG $ OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,0001 $ X ANY AUTO 7063394177 10/23/2024 10/23/2025 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ AUTOS ONLY AUUTOS ONLY (Per accident) DAMAGE $ $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 10,000,0001 $ EXCESS LIAB CLAIMS -MADE 7063394180 10/23/2024 10/23/2025 AGGREGATE $ 10,000,0001 I X I 10,000 DED RETENTION $ $ C WORKERS COMPENSATION H X I STATUTE PER OER AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE 7063394213 10/23/2024 10/23/2025 1,000,0001 OFFICER/MEMBER EXCLUDED? X N / A E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,0001 If yes, describe under 1,000,0001 QFS(,,RIP�ION (2E ePLfRATIONS below E.L. DISEASE - POLICY LIMIT $ D Professional Llab. 107930947 10/23/2024 10/23/2025 Per Claim 5,000,0001 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROFESSIONAL LIABILITY AGGREGATE LIMIT: $10,000,000 General Liability, Auto Liability, Umbrella Liability and Workers Compensation policies include a Waiver of Subrogation in favor of the Additional Insured where permissible by state law and when required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of College Station, TX THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y 9 ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9960 College Station, TX 77842 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 127 of 270 January 23, 2025 Item No. 8.1. CIP Update Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action related to the Capital Improvement Projects (CIP) update. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): n/a Summary: Presentation and update related to on -going Capital Improvement Projects (CIP). Budget & Financial Summary: n/a Attachments: None Page 128 of 270 January 23, 2025 Item No. 8.2. Legislative Affairs Subcommittee Sponsor: Ross Brady, Assistant to the City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding the creation of a council subcommittee on legislative affairs. Relationship to Strategic Goals: Good Governance Recommendation(s): Summary: At the January 9th, 2025 meeting of the City Council, a future agenda item was requested to consider the creation of a council subcommittee for legislative affairs. Budget & Financial Summary: Attachments: None Page 129 of 270 January 23, 2025 Item No. 9.1. Budget Amendment #1 Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Public Hearing, presentation, discussion, and possible action on Budget Amendment Number 1 amending the budget for Fiscal Year 2024-2025 for $14,718,759. 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 Budget Amendment #1. Summary: The charter of the City of College Station provides for the City Council to amend the annual budget in the event there are revenues available to cover expenditures and after holding a public hearing on such budget amendment. The proposed budget amendment is to increase the FY25 budget appropriations by $14,718,759 primarily because of the annual encumbrance roll for goods budgeted and ordered in FY24 or prior and not yet received including a total of $12,271,372 of fleet purchases. Fire department preorder of two pumper trucks, one grass truck and one aerial truck totaling $6,042,905 make up 49% of the fleet purchases. The amendment also contains two interfund transfers for the advance purchase of four Fire Department vehicles and proceeds from the sale of land. Interfund transfers do not affect the budget. Budget & Financial Summary: The City has resources or can reasonably expect resources to cover the appropriations in this budget amendment. The attached summary has the complete description of the items included on the proposed budget amendment. If approved, the net revised 2024-2025 budget appropriations will be $556,169,443. Attachments: 1. FY25 Budget Amendment #1 Ordinance 2. FY25 Encumbrance Roll Summary Page 130 of 270 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2024-4539 AS BUDGET AMENDMENT NUMBER 1 AMENDING THE BUDGET FOR THE 2024-2025 FISCAL YEAR AND AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED. WHEREAS, on August 22, 2024, the City Council of the City of College Station, Texas, adopted Ordinance No. 2024-4539 approving its Budget for the 2024-2025 Fiscal Year: and WHEREAS, this amendment was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the College Station City Charter, after notice of said hearing having been first duly given; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Ordinance No. 2024-4539 is hereby amended by amending the 2024-2025 Budget adopted by a net amount of $14,718,759 as further detailed in Exhibit A. PART 2: That this Budget Amendment Number 1 shall be attached to and made a part of the 2024-2025 Budget. PART 3: That except as amended hereby, Ordinance No, 2024-4539 shall remain in effect in accordance with its terms. PART 4: That this ordinance shall become effective immediately after passage and approval. PASSED and APPROVED this day of 2025 ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Page 131 of 270 EXHIBIT A — FY24 BUDGET AMENDMENT #1 DETAIL LISTING 1. Encumbrance Roll — Various Funds - $7,637,854 (Budget Amendment). This item covers expenditures encumbered but not completed or expensed in FY24. Those goods and services were budgeted in FY24 but will not be received until FY25. This amendment increases the FY25 budget appropriation in each applicable fund for the eligible items. Vehicles and equipment represent $6,228,467 (82%) of the encumbrance roll, with supplies and professional services in progress representing the remaining balance. The Encumbrance Roll Summary (attached) gives a brief description and totals by fund, by department. 2. Fire Department preorder of 2 Pumpers, 1 Grass, and 1 Aerial trucks — $6,042,905 (Budget Amendment) and $6,042,905 (Interfund Transfer). Advanced purchase of four Fire Department vehicles. These vehicles are included on this Budget Amendment due to the long lead time to order and receive the required vehicles. The scheduled replacements are covered by funds set aside in the Fleet Replacement Fund. A total interfund transfer from Fleet Replacement to the other funds totals $6,042,905. 3. Prior Years 1x SLAs — General Fund and HOT Fund - $548,000 (Budget Amendment). This item covers approved FY24 Ix SLAs not encumbered and not expended in FY24. Departments expect to receive these goods and services in FY25. This item increases the FY25 budget appropriation in each applicable fund for the eligible items. 4. Regional Pumping Impact Analysis — Water Fund - $240,000 (Budget Amendment). This item will increase the budget in the Water Operating fund to pay for a Regional Pumping Impact Analysis. This Analysis is related to various groundwater issues in the Brazos Valley. The Water Fund has sufficient revenues to cover this one-time cost. 5. Sale of Land Proceeds to the Streets Capital Fund — $4,245,416 (Interfund Transfer). This item will add an interfund transfer from the General Fund to the Streets Capital Improvement Projects (CIP) fund. The transfer will move the College Station business park sale of land proceeds to the Streets CIP fund for future capital improvements. The proceeds included in this transfer are from the Caprock Development and Fera Diagnostics sales. This interfund transfer will not increase the net FY25 expense budget. 6. Plug and Play Funding Agreement -- General Fund — $250,000 (Budget Amendment). This item is to increase the budget in the Economic Development General Fund operating budget to cover the Funding Agreement dated October 9th, 2024. This payment is part of a three-year agreement of $750,000. These funds will be taken from the unassigned fund balance in the General Fund. Page 132 of 270 CITY OF COLLEGE STATION ENCUMBRANCE ROLL BUDGET AMENDMENT SUMMARY FY25 BUDGET AMENDMENT #1 ENCUMBRANCE FUND DEPARTMENT ROLLAMOUNT DESCRIPTION General Police $ 598,483 supplies, vehicle/equipment General Fire 26,847 supplies General Public Works 168,394 professional services, vehicle/equipment General Planning & Development 187,855 professional services General Information Tech. 95,361 professional services General Fiscal Services 102,173 supplies, professional services General CIP & Facilities 276,059 Rec Center Feasibility study, corrective maintenance General General Govt. 205,745 professional services, USA Track & Field General Non -Departmental 4,022,232 vehicle/equipment replacement, IT non -capital replacements General Fund Total $ 5,683,149 Drainage Public Works 160,521 vehicle/equipment Drainage Non -Departmental 2,700 IT non -capital replacements Drainage Fund Total $ 163,221 Electric Electric 241,340 professional services Electric Non -Departmental 358,316 vehicle/equipment replacement Electric Fund Total $ 599,656 Water Water 72,080 maintenance, professional service Water Non -Departmental 359,441 vehicle/equipment replacement Water Fund Total $ 431,521 Wastewater Wastewater 14,245 professional services Wastewater Fund Total $ 14,245 Solid Waste Public Works 420,071 professional services, vehicle/equipment Solid Waste Non -Departmental 325,991 vehicle/equipment replacement Solid Waste Fund Total $ 746,062 EXPENDITURE TOTALS $ 7,637,854 INTERNAL SERVICE FUNDS: Fleet Maintenance Non -Departmental 8,196 IT non -capital replacements Fleet Maintenance Fund Total $ 8,196 Property Casualty Non -Departmental 32,000 professional services Property Casualty Fund Total $ 32,000 Utility Customer Service Fiscal Services 3,093 supplies Utility Customer Service Fund Total $ 3,093 Workers Compensation Non -Departmental 46,494 professional services Workers Compensation Fund Total $ 46,494 INTERNAL SERVICE FUNDS EXPENDITURE TOTALS $ 89,783 sum of all vehicle purchases/replacements in progress city-wide across all All Funds $ 6,228,467 funds 0.81547343 Page 133 of 270 January 23, 2025 Item No. 9.2. Barracks West Ph 3 Comprehensive Plan Amendment Sponsor: Jeff Howell Reviewed By CBC: Planning & Zoning Commission Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Mixed Residential to General Commercial for approximately 1.047 acres at 3423 Cain Road and 3197 Holleman Drive South. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): This item was heard at the January 16th Planning and Zoning Commission meeting where the Commission voted 6-0 to recommend approval. Summary: The applicant is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map from Mixed Residential to General Commercial for approximately 1.047 acres, generally located east of the intersection of Holleman Drive South and Cain Road. General Commercial is defined as areas of commercial activities typically located along regionally significant roads. This Comprehensive Plan Amendment is in conjunction with a rezoning of a portion of the property to GC General Commercial to allow for additional commercial uses in the area. It is the applicant's intent to develop uses allowed within the proposed General Commercial zoning district on the subject property. REVIEW CRITERIA 1. Changed or changing conditions in the subject area of the City: The subject property and those directly abutting it have a future land use designation of Mixed Residential. The Mixed Residential land use designation is appropriate for moderate density residential development and may serve as an area of transition for development. The purpose of the Mixed Residential land use designation is to support neighborhoods with a mix of housing types, accommodate a well-connected street pattern and may be located near commercial centers. The adjacent properties are currently in the process of subdividing to be consistent with the T Townhouse zoning district. The immediate area is primarily developed as attached residential development (townhome and fourplexes). The properties to the south, east, and west are designated as Mixed Residential as well. The properties to the north are designated as Neighborhood Center. The Neighborhood Center areas are areas appropriate for a mix of uses, including both residential and commercial. Generally, these areas tend to be smaller than urban center areas and encourage commercial activity along major roadways. Due to their context, these areas tend to create walkable activity centers and support multi -family uses as well. This request to change the land use designation of the subject property to General Commercial would allow for the development of a largely undeveloped property with close proximity to Holleman Drive South. 2. Compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the City as a whole: The applicant is requesting an amendment to the Future Land Use & Character Map to General Commercial and has Page 134 of 270 also requested a rezoning to General Commercial for a portion of the property. The intent of General Commercial is to accommodate a wide range of commercial uses and concentrate commercial development near major intersections and thoroughfares. The subject property is located at the intersection of Holleman Drive South and Cain Road, about 1000 feet north of Deacon Drive. This area continues to experience a high amount of residential development as owners look to develop the remainder of the land between Deacon Drive and Cain Road. This property would be compatible with existing uses, development patterns, and character of GC General Commercial zoned properties in the area. The applicant held a neighborhood meeting on October 21, 2024. All property owners within 200 feet of the subject property were notified of the neighborhood meeting, and approximately zero members of the public were in attendance. Attendees were only the applicant, property owner and City Staff. The proposal is compatible with the character of the area as it allows for commercial development that is compatible with the surrounding area. 3. Impact on environmentally sensitive and natural areas: There is no FEMA designated floodplain on the property. While not within the subject property, there are existing waterbodies located in the general area. 4. Impacts on infrastructure including water, wastewater, drainage, and the transportation network: Water services will be provided by Wellborn Special Utility District. Wastewater services will be provided by College Station Utilities. There is adequate water and sanitary sewer capacity to support the proposed amendment. Drainage and all other infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. The subject property is located near the intersection of Holleman Drive South and Cain Road, as well as adjacent to Towers Parkway. Holleman Drive South is identified as a Minor Arterial on the Thoroughfare Plan. The property is also near Towers Parkway, which is identified as a Minor Collector on the Thoroughfare Plan. The proposed General Commercial designation may increase the potential traffic generated in comparison to the existing Mixed Residential designation, however a Traffic Impact Analysis with the rezoning was not required. The applicant states that commercial property is wanted on the west side of the railroad with the majority of the area being residential, there may be a need for commercial uses. 5. Consistency with the goals and strategies set forth in the Comprehensive Plan: The intent of College Station's Comprehensive Plan is to create distinctive places, vibrant districts, attractive neighborhoods, revitalized gateways and corridors, and conserved natural areas. The proposed amendment to General Commercial, defined as areas that accommodate a wide range of commercial uses, is appropriate for this property as it provides infill development along a major commercial corridor of the city. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Aerial and Small Area Map 3. Comprehensive Plan Exhibit 4. Background Information Page 135 of 270 Applicant's Supporting Information Comprehensive Plan Amendment Map Page 136 of 270 ORDINANCE NO. AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE OFFICIAL CITY OF COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN — FUTURE LAND USE & CHARACTER MAP FROM MIXED RESIDENTIAL TO GENERAL COMMERCIAL FOR APPROXIMATELY 1.047 ACRES OF LAND, GENERALLY LOCATED AT 3423 CAIN ROAD AND 3197 HOLLEMAN DRIVE SOUTH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the "Official City of College Station Comprehensive Plan" is hereby amended by adding new Subsection "E.l.j." of Exhibit "A" thereto as set out in Exhibit "A" attached hereto and made a part hereof; as set out in Exhibit `B" attached hereto and made a part hereof. PART 2: That if any provisions of any section of this Ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. PART 3: That this Ordinance shall take effect immediately from and after its passage. PASSED, ADOPTED and APPROVED this day of , 2025. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 137 of 270 ORDINANCE NO. EXHIBIT A Page 2 of 8 That Ordinance No.4303 adopting the "Official City of College Station Comprehensive Plan" as amended, is hereby amended by adding Subsection "E. l.j." to Exhibit "A" of said plan for Exhibit "A" to read in its entirety as follows: A. Comprehensive Plan The Official City of College Station Comprehensive Plan (Ordinance 4303) is hereby adopted and consists of the following: 1. Plan Foundation; 2. Distinctive Places; 3. Strong Neighborhoods; 4. A Prosperous Economy; 5. Engaging Spaces; 6. Integrated Mobility; 7. Exceptional Services; 8. Managed Growth; 9. Collaborative Partnerships; and 10. Plan Implementation B. Master Plans The following Master Plans are hereby adopted and made a part of the Official City of College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 5. Parks, Recreation, and Open Spaces Master Plan dated July 2011; 6. Medical District Master Plan dated October 2012; 7. Economic Development Master Plan dated May 2020; 8. The Water System Master Plan dated April 2017; and 9. The Wastewater System Master Plan dated April 2017; and 10. Northeast Gateway Redevelopment Plan dated September 2023; and 11. Wellborn District Plan dated October 2023. Page 138 of 270 ORDINANCE NO. C. Master Plan Amendments Page 3 of 8 The following Master Plan Amendments to the Official City of College Station Comprehensive Plan are as follows: 1. Expiring the East College Station Transportation Study dated May 2005 — Ordinance 4404, dated November 10, 2022. 2. Expiring the Central College Station Neighborhood Plan dated June 2010 — Ordinance 4404, dated November 10, 2022. 3. Expiring the Eastgate Neighborhood Plan dated June 2011 — Ordinance 4404, dated November 10, 2022. 4. Expiring the Southside Area Neighborhood Plan dated August 2012 — Ordinance 4404, dated November 10, 2022. 5. Expiring the South Knoll Neighborhood Plan dated September 2013 — Ordinance 4404, dated November 10, 2022. 6. Amended as shown in the Northeast Gateway Redevelopment Plan for Map 5.4 Proposed Bicycle Facilities and Map 5.5 Proposed Pedestrian Facilities within the Bicycle, Pedestrian, and Greenways Master Plan — Ordinance 4470, dated September 28, 2023. 7. Amended as shown in the Wellborn District Plan for Map 5.4 Proposed Bicycle Facilities and Map 5.5 Proposed Pedestrian Facilities within the Bicycle, Pedestrian, and Greenways Master Plan — Ordinance 4474, dated October 12, 2023. D. Text Amendments The following Text Amendments to the Official City of College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2. Distinctive Places by amending the text regarding the Neighborhood Center future land use description, intent, and generally appropriate zoning districts — Ordinance 4351, dated April 28, 2022. b. Chapter 2. Distinctive Places by amending the text regarding the Planning Areas description to remove expired plans — Ordinance 4404, dated November 10, 2022. c. Chapter 2. Distinctive Places by amending the text regarding the Planning Areas description to rename the Texas Avenue & University Drive (FM 60) Redevelopment Area to the Northeast Gateway Redevelopment Plan — Ordinance 4470, dated September 28, 2023. Page 139 of 270 ORDINANCE NO. Page 4 of 8 d. Chapter 2. Distinctive Places by amending the text regarding the Planning Areas description to update it to the Wellborn District Plan, to revise the Future Land Use & Character descriptions to remove the Wellborn future land use and incorporate it and the Wellborn -specific zoning districts into the Neighborhood Commercial, Suburban Residential, and Estate Residential future land use descriptions and generally appropriate zoning districts — Ordinance 4474, dated October 12, 2023. E. Map Amendments The following Map Amendments to the Official City of College Station Comprehensive Plan are as follows: Future Land Use & Character Map: a. Approximately 5 acres of land generally located at 2354 Barron Road from Suburban Residential to Neighborhood Commercial — Ordinance 4365, dated June 23, 2022. b. Approximately 17 acres of land generally located at 400 Double Mountain Road from Medical to Urban Residential — Ordinance 4378, dated August 11, 2022. c. Approximately 0.19 acres of land generally located at 106 Southland Street from Suburban Residential to Neighborhood Commercial — Ordinance 4388, dated September 8, 2022. d. Approximately 2.611 acres of land, generally located at 100 - 170 Graham Road from Business Center to Neighborhood Commercial — Ordinance 4435, dated May 15, 2023. e. Amended as shown in the Northeast Gateway Redevelopment Plan — Ordinance 4470, dated September 28, 2023.. f. Amended as shown in the Wellborn District Plan — Ordinance 4474, dated October 12, 2023. g. Approximately 3.25 acres of land generally located west of the intersection of Nantucket Drive and State Highway 6 S from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas — Ordinance 4520, dated May 23, 2024. h. Approximately 3 acres of land generally located at located at 116 and 120 Morgans Lane from Urban Residential to General Commercial — Ordinance 4525, dated June 27, 2024 i. Approximately 11 acres of land generally located at 3182 Holleman Drive South from Mixed Residential and Natural & Open Areas to Urban Residential — Ordinance 4566, dated December 12, 2024 j. Approximately 1.047 acres of land generally located at 3423 Cain Road and 3197 Holleman Drive South from Mixed Residential to General Commercial. Page 140 of 270 ORDINANCE NO. Page 5 of 8 2. Planning Areas Map: a. Removing the Central College Station Neighborhood Plan, Eastgate Neighborhood Plan, Southside Area Neighborhood Plan, and South Knoll Neighborhood Plan — Ordinance 4404, dated November 10, 2022. b. Renaming the Texas Avenue & University Drive (FM 60) Redevelopment Area to the Northeast Gateway Redevelopment Plan — Ordinance 4470, dated September 28, 2023. c. Renaming the Wellborn Community Plan to the Wellborn District Plan — Ordinance 4474, dated October 12, 2023. 3. Functional Classification & Context Class Map: a. Amended as shown in the Northeast Gateway Redevelopment Plan — Ordinance 4470, dated September 28, 2023. b. Amended as shown in the Wellborn District Plan — Ordinance 4474, dated October 12, 2023. F. General 1. Conflict. All parts of the Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its Extraterritorial Jurisdiction ("ETJ"). The Comprehensive Plan depicts generalized locations of proposed future land uses, including thoroughfares, bicycle and pedestrian ways, parks, greenways, and waterlines, and sewer lines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use. The Comprehensive Plan, in particular the Future Land Use & Character Map and any adopted amendments thereto, shall not be, nor be considered, a zoning map, shall not constitute zoning regulations or establish zoning boundaries, and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The Comprehensive Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the Page 141 of 270 ORDINANCE NO. Page 6 of 8 City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as thoroughfares, bikeways, pedestrian ways, greenways, waterlines, and sewer lines that are a part of the Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Comprehensive Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended. Page 142 of 270 ORDINANCE NO. Page 7 of 8 EXHIBIT B That the "Official City of College Station Comprehensive Plan" is hereby amended by amending a portion of the map titled "Future Land Use & Character" from Mixed Residential to General Commercial for the following property: Page 143 of 270 ORDINANCE NO. FIELD NOTES 1.047 ACRES Page 8 of 8 Being all that certain tract or parcel of land lying and being situated in the CRAWFORD 13URNETT LEAGUE, Abstract No. 7, in College Station, Brazos County, 'texas and being part of the called 2 acre tract described in the deed from John Daniel German and Barbara Joyce Hogan to Mark Golden recorded in Volume 12674, Page 186 of the Official Public Records of Brazos County, Texas (O.P.R.B.C.) and part of the called 8.181 acre tract described in the deed from Antioch Community Church of CS to Snoopaluke Holdings, LLC recorded in Volume 18910, Page 19 (O.P.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2-inch iron rod marking the common west corner of this herein described tract and the called 2 acre Golden tract, said iron rod also marking the south corner of the called 19.575 acre University Acres, LLC tract recorded in Volume 12870, Page 261 (O.P.R.B.C.), being in the southeast margin of Cain Road and being in the easterly right-of-way line of Holleman Drive South (based on a variable width); THENCE: N 42° 11' 20" E along the common line of this tract, the called 19.575 acre University Acres, LLC tract and the southeast margin of said Cain Road for a distance of 107.53 feet to a point for the north corner of this tract, to a found 3/8-inch iron rod marking the north corner of the called 2 acre Golden tract bears N 42' 11' 20" E at a distance of 189.95 feet for reference; THENCE: into and through the called 2 acre Golden tract and into the interior of the called 8.181 acre Snoopaluke Holdings, LLC tract for the following seven (7) calls: 1) S 47` 45' 43" E for a distance of 161.56 feet to an angle point, 2) S 42' 14' 17" W for a distance of 9.00 feet to an angle point, 3) S 47' 45' 43" E for a distance of 109.32 feet to a point for the east corner of this herein described tract, 4) S 42' 07' 49" W for a distance of 187.75 feet to the Point of Curvature of a curve to the right, 5) 13.37 feet along the arc of said curve having a central angle of 10° 13' 01", a radius of 75.00 feet, a tangent of 6.70 feet and long chord bearing S 47' 14' 19" W at a distance of 13.36 feet to the Point of Tangency, 6) N 70' 23' 26" W for a distance of 9.86 feet to an angle point, and 7) S 42° 10' 29" VV for a distance of 19.42 feet to a found 518-inch iron rod marking the common south corner of this tract and the called 2 acre Golden tract, said iron rod also marking the west corner of the called 8.181 acre Snoopaluke Holdings, LLC tract and being in the easterly right- of-way line of said Holleman Drive South; THENCE: N 22' 01' 51" W along the easterly right-of-way line of said Holleman Drive South for a distance of 289.61 feet to the POINT OF BEGINNING and containing 1.047 acres of land. I, Cody Karisch, Registered Professional Land ���=44�^� Surveyor No. 7004, State of Texas, do hereby certify vq� ' r� °STE °• to the best of my knowledge, information and belief, and in my professional opinion, that this survey is ti •°° �:°..°.°°oo.°; true and correct and agrees with a survey made on �:' ,Grab? KAPISCA the ground under my supervision on July, 2024. ��j�°rooa ee W, IkN -1IPV , Page 144 of 270 *�� City of College Station UNIVERSITY HEIGHTS PH 4 .; a E MA 4� E B RA KS \ FE' H 112 l A� s a S OMA r. Alf A' 00 y `4 / a 2 .. woo` ,<e• .f 1. G a c ` f N• ,� a In 0 105 210 BARRACKS WEST PH 3 Case: COMPREHENSIVE PLAN NORTH Feet CPA2024-000006 AMENDMENT I Z"a PC �0 City of College Station FUTURE LAND USE DISTRICTS (In Grayscale) Residential Urban Residential Mixed Residential Suburban Residential Estate Residential Rural Neighborhood Conservation Non -Residential General Commercial Neighborhood Commercial Business Center Medical Combined Centers Urban Center Neighborhood Center /►vuncu Resident al, 20OFT Notification \ \ Y '/ Other Institutional/Public TAM U Parks & Greenways Natural & Open Areas Redevelopment Areas - 0 140 280 BARRACKS WEST PH 3 Case: COMPREHENSIVE PLAN NORTH Feet CPA2024-000006 AMENDMENT_ A 3 2 N/F LAS PALOMAS SUBDIVISION 7367/53 ZONED: MIDDLE HOUSING - MH HIGH OCCUPANCY OVERLAY - H00 I N/F BCS MISSION RANCH TOWNHOMES LP CALLED 10.43 ACRES 14791 / 155 ZONED: PDD N/F SNOOPALUKE HOLDINGS LLC, TRACT 43.2, 8.818 ACRES 18910/019 ZONED: TOWNHOUSE - T 15 LEGEND LAND USE CHANGE LIMITS PROPERTY BOUNDARY PROPOSED PUBLIC UTILITY EASEMENT (P.U.E.) EXISTING PRIVATE DRAINAGE EASEMENT (Pr.D.E.) EXISTING PUBLIC UTILITY EASEMENT (P.U.E) EXISTING PUBLIC ACCESS EASEMENT (P.A.E.) LAND USE EXISTING MIXED RESIDENTIAL EXISTING NEIGHBORHOOD CENTER PROPOSED GENERAL COMMERCIAL N/F UNIVERSITY ACRES LLC CALLED 19.575 ACRES 12870/261 ZONED: RURAL - R CAIN ROAD 21' PAVEMENT ROW BY PRESCRIPTION W EXISTING LAND USE: N/F CM DELTA RIDGE LLC MIXED RESIDENTIAL CALLED 1.979 ACRES 19345/200 P-POP(ICRTI T ANN-) TTCF• ZONED: RURAL - R o+z ui ffu vv - 10/./D THREE BEARS DRIVE 50' ROW — 27' PAVEMENT PROPOSED o BARRACKS WEST o SUBDIVISION PHASE 1 o - - — I — O O 12 I 12 PROPOSED I 2 N �! BARRACKS WEST I �! D SUBDIVISION PHASE 2 �, m m 1 �+ 11 m z I LEGAL DESCRIPTION: BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT No. 7, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS AND BEING PART OF THE CALLED 2 ACRE TRACT DESCRIBED IN THE DEED FROM JOHN DANIEL GERMAN AND BARBARA JOYCE HOGAN TO MARK GOLDEN RECORDED IN VOLUME 12674, PAGE 186 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (O.P.R.B.C.) AND PART OF THE CALLED 8.181 ACRE TRACT DESCRIBED IN THE DEED FROM ANTIOCH COMMUNITY CHURCH OF CS TO SNOOPALUKE HOLDINGS, LLC RECORDED IN VOLUME 18910, PAGE 19 (O.P.R.B.C.). LINE TABLE LINE # LENGTH DIRECTION L1 9.00' S42° 14' 17"W L2 9.86' N70° 23' 26"W L3 19.42' S42' 10' 29"W N/F CM DELTA RIDGE LLC CALLED 1.476 ACRES 19345/200 ZONED: RURAL - R II II COMMON AREA A AND Pr.D.E. VICINITY MAP (Illllllll� ��IIIIIIIIIIII�11� 0 o� I I I P ILOMAJ2 pGFi DIjj��IIVFOn 1V RA II(( II PROJECT = (I I I I I I I I LOCATIONz—, IIIII I IIIII II IIIII �IIEIIII_ ' xV II I II I II l�l I l l l l l l l l . ��Illllllll�l 1 1 1 1 1 1 1 1 1 OLD IRONSIDES DRIVE �IIIIIIIIIIIIIIIIIU I �����IIIII Em 1 1 1111111111 �� N 30 15 0 30 SCALE IN FEET N 3 4 N/F THE BARRACKS II SUBDIVISION PHASE 112 13727/292 ZONED: MIDDLE HOUSING - MH, HIGH OCCUPANCY OVERLAY - H00 7 i g i i 9 i FA COMPREHENSIVE PLAN AMENDMENT THE BARRACKS WEST, PHASE 2 1.047 ACRES EXISTING LAND USE - MIXED RESIDENTIAL PROPOSED LAND USE - MIXED RESIDENTIAL & GENERAL COMMERCIAL EXISTING ZONING - RURAL AND TOWNHOUSE PROPOSED ZONING - TOWNHOUSE AND GENERAL COMMERCIAL COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1 "=30' OCTOBER 2024 OWNER/DEVELOPER: OWNER OF PROPOSED ENGINEER: CM Delta Ridge LLC COMMON AREA B: SE E g,,,eer,ng.I PO BOX 12236 Snoopaluke Holdings LLC 327 College Station, TX 77842 4100 Rock Briar Ct. TBPE WE T PK Y 911 SOUTHWEST PKWY E. (936) 545-6050 College Station, TX 77845 College Station, Texas 77840 (979) 217-1162 "' (979)764-3900 IF Page 147 of 270 NOTIFICATIONS Advertised Commission Hearing Date Advertised Council Hearing Date: BACKGROUND INFORMATION January 16, 2025 January 23, 2025 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: The Barracks at Rock Prairie Property owner notices mailed Contacts in support: Contacts in opposition: Inquiry contacts: ADJACENT LAND USES Direction Comprehensive Plan North Neighborhood Center South Mixed Residential East Mixed Residential West Mixed Residential DEVELOPMENT HISTORY Annexed: Zoning: Final Plat: Site Development: 10 None at the time of this report None at the time of this report None at the time of this report Zoning R Rural T Townhouse T Townhome PDD Planned Development District, MH Middle Housing, HOO High Occupancy Overlay Land Use Single-family attached, Cain Road (local street) Vacant, Three Bears Drive (local street) Vacant Duplexes, Vacant, Holleman Drive South (Minor Arterial) November 2002 A-O Agricultural -Open (upon annexation 2002) A-O Agricultural -Open renamed to R Rural (2013) 0.47 acre property o from R Rural to T Townhouse (2023) Unplatted 0.47 acre property: platted as Common Area B (Barracks West Phase 1 - recorded 10/31/2024) Single-family detached, Vacant Page 148 of 270 (*-COMP PLAN APPLICATION CITY °FC° GFST^TI°N SUPPORTING INFORMATION Home ofTexarAbM University' Name of Project: 3417 & 3423 CAIN ROAD, 3.252 AC PORTION (CPA2024-000006) Address: 3417 CAIN RD Legal Description: A000701, CRAWFORD BURNETT (ICL), TRACT 145, 1.476 ACRES Total Acreage: 1.047 Applicant: SCHULTZ ENGINEERING LLC Property Owner: CM Delta Ridge LLC What element of the Comprehensive Plan and at what location is requested to be amended? Land Use & Character Designation What is the amendment requested? 1.047 Acres of Mixed Residential land use to be amended to General Commercial land use. What is the reason for the amendment? Current land use designation does not allow for the property to be rezoned from Rural to General Commercial. How will this change be compatible with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the city as a whole? General Commercial is warranted adjacent to Holleman Drive South with the increasing residential development in the area. Explain the impact on environmentally sensitive and natural areas and infrastructure, including water, wastewater, drainage and transportation network. Properties adjacent to the subject property are currently Mixed Residential Land Use, and commercial property is wanted on the west side of the railroad. The majority of the surrounding area is residential, so there may be a need for commercial uses. Page 1 of 2 Page 149 of 270 Explain how this change will be consistant with the goals and strategies set forth in the Comprehensive Plan. Properties adjacent to the subject property are currently Mixed Residential Land Use, and commercial property is wanted on the west side of the railroad. The majority of the surrounding area is residential, so there may be a need for commercial uses. List any other reasons to support this zone change. N/A List any other additional properties. N/A Page 2 of 2 Page 150 of 270 I 1"e" 5-ntial si,a RIZZO January 23, 2025 Item No. 9.3. Barracks West Ph 3 Rezoning Sponsor: Jeff Howell 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 R Rural & T Townhouse to T Townhouse (2.253 acres) & GC General Commercial (1.047 acres) for approximately 3.30 acres at 3417 & 3423 Cain Road and 3197 Holleman Drive South, generally located east of the intersection of Holleman Drive South and Cain Road. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): This item was heard at the January 16th Planning and Zoning Commission meeting where the Commission voted 6-0 to recommend approval. Summary: This request is to rezone approximately 3.30 acres of land generally located south of the intersection of Holleman Drive South and Cain Road from R Rural and T Townhouse to T Townhouse and GC General Commercial. The tract proposed to be rezoned consists of two un- platted properties and a small portion of common area which was platted in October 2024 as part of Barracks West Phase 1 subdivision. The majority of the property was originally zoned R Rural upon annexation to the City in 2002, while a small portion was recently rezoned to T Townhouse in 2023. This zoning request is in effort to provide additional housing and residential density to this area, as well as commercial uses along the corridor. The applicant is requesting the zoning district change to allow for a proposed townhome development which would not be allowed on properties zoned R Rural. The applicant is also requesting the commercial zoning district for a proposed commercial development which would not be permitted within the R Rural or T Townhouse zoning districts. N*Ike]ZIIZ"VAT/IAvivEllV1194V/_1 1. Whether the proposal is consistent with the Comprehensive Plan: The subject tract is designated as Mixed Residential on the Comprehensive Plan Future Land Use & Character Map. For the Mixed Residential land use, the Comprehensive Plan provides the following: Areas appropriate for a mix of moderate density residential development including, townhomes, duplexes, small multifamily buildings (3-12 units), and limited small -lot single family. These areas are appropriate for residential infill and redevelopment that allows the 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 Mixed Residential land use is to accommodate a walkable pattern of small lots, small blocks, and well-connected street pattern that supports surrounding neighborhoods. Developments in this district should prioritize a mix of housing types and scales located near community facilities or adjacent to commercial or neighborhood centers. A portion of this development is aligned with that vision. Page 152 of 270 The zoning districts that are generally appropriate within the Mixed Residential land use include: Middle Housing, Duplex, Townhouse, and limited -scale single-family zoning. The applicant has submitted an amendment request for a land use change from a Mixed Residential portion of the property to General Commercial. The proposed General Commercial land use designation is appropriate for concentrated areas of commercial activities that cater to both nearby residents and to the larger community or region. Generally, these areas tend to be large and located along regionally significant roads. Due to their context, these areas tend to prioritize automobile mobility. The proposed rezoning request to GC General Commercial is consistent with the amendment to the Comprehensive Plan. The proposed rezoning request to T Townhouse is consistent with existing Comprehensive Plan land use designation. 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 townhouse uses which are located across Towers Parkway to the east. The area to the south was recently rezoned to allow for the continuation of townhouse uses as well. There is an existing single-family attached residential development also near the subject property to the north across Cain Road. To the north, there is also an existing residential development consisting of multi -family structures as well. Along Holleman Drive South to the northwest, there is an existing commercial development as well as further to the south which includes a convenience store as well. The proposed zoning district is appropriate in the context of the area as it would allow for infill with additional housing options and commercial uses located adjacent to a major thoroughfare. 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 townhouse and commercial 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 near the intersection of Holleman Drive South and Cain Road, as well as adjacent to Towers Parkway. Holleman Drive South is identified as a Minor Arterial on the Thoroughfare Plan. The property also is near Towers Parkway, which is identified as a Minor Collector on the Thoroughfare Plan. The existing use is 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 the existing rural zoning limits the development and rezoning will improve marketability. Rezoning the property to T Townhouse as well as to GC General Commercial will make the property more marketable in the future since, as stated by the applicant, there is a demand for higher density residential and commercial uses in the area. Budget & Financial Summary: N/A Attachments: Page 153 of 270 1. Ordinance 2. Aerial and Small Area Map 3. Rezoning Exhibit 4. Background Information 5. Applicant's Supporting Information 6. Rezoning Map 7. Existing Future Land Use Map Page 154 of 270 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 R RURAL & T TOWNHOUSE TO T TOWNHOUSE (2.253 ACRES) & GC GENERAL COMMERCIAL (1.047 ACRES) AFFECTING APPROXIMATELY 3.30 ACRES AT 3417 & 3423 CAIN ROAD AND 3197 HOLLEMAN DRIVE SOUTH, GENERALLY LOCATED EAST OF THE INTERSECTION OF HOLLEMAN DRIVE SOUTH AND CAIN ROAD CERTAIN PROPERTIES 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. Ordinance Form 08-27-19 Page 155 of 270 ORDINANCE NO. Page 2 of 5 PASSED, ADOPTED, and APPROVED this day of , 20. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Ordinance Form 08-27-19 Page 156 of 270 ORDINANCE NO. Page 3 of 5 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 R Rural & T Townhouse to T Townhouse (2.253 acres) & GC General Commercial (1.047 acres): FIELD NOTES 2 253 ACRES Being all that certain tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE, Abstract No. 7, in College Station, Brazos County, Texas and being part of the called 2 acre tract described in the deed from John Daniel German and Barbara Joyce Hogan to Mark Golden recorded in Volume 12674, Page 186 of the Official Public Records of Brazos County, Texas (0 P.R.B.0 ) and all ofthe called 1,476 acre tract described in the deed from B. Brent Sewell and Lori Beth Sewell to Mark Golden recorded in Volume 12886, Page 254 (O.P.R.B.C.) and being more particularly described by metes and bounds as follows: COMMENCING: at a found 112-inch iron rod marking the west corner of the called 2 acre Golden tract, said iron rod also marking the south comer of the called 19.575 acre University Acres, LLC tract recorded in Volume 12870, Page 261 (O.P.R.B.C.), being in the southeast margin of Cain Road and being in the easterly right-of-way line of Holleman Drive South (based on a variable width); THENCE: N 42' 11' 20" E along the southeast line of the called 19.575 acre university Acres, LLC tract and the southeast margin of said Cain Road for a distance of 107.53 feet to a point for the west corner of this herein described parcel and the POINT OF BEGINNING; THENCE: continue along the common line of this tract, the called 19.575 acre University Acres, LLC tract and the southeast margin of said Cain Road for the following two (2) calls: 1) N 42' 11' 20" E, at 189.95 feet, pass a found 318-inch iron rod marking the north corner of the called 2 acre Golden tract and the west corner of the called 1.476 acre Golden tract, continue for a total distance of 292,92 feet to a found 112-inch iron rod marking an angle point of this tract, and 2) N 42' 30' 11" E for a distance of 79.97 feet to a found 112-inch iron rod marking the common north corner of this tract and the called 1.476 acre Golden tract, said iron rod also marking the west corner of the 5-foot wide Right -of -Way Dedication recorded in Volume 2393, Page 911 of the Official Records of Brazos County, Texas (O, R. B. C.), THENCE S 47' 47' 35" E (DEED CALL: S 45' 12' 51" F -- 261 A a') along the common line of this tract, the said 5-foot Ode Right -of -Way Dedication, the 25.5-foot Right -of -Way Dedication for Cain Road, THE BARRACKS II SUBDIVISION, PHASE 112 according to the Final Plat recorded in Volume 13727, Page 292 (O.P.R.B.C.) and the called 0.173 acre Common Area 13 of said THE BARRACKS II SUBDIVISION, PHASE 112, at 5.20 feet, pass a found 112-inch iron rod marking the south comer of the said 5-foot wide Right -of -Way Dedication and the west corner of the said 25.5-foot Right -of -Way Dedication, continue for a total distance of 261.05 feel to a found 1/2-inch iron rod marking the common east corner of this herein described tract and the called 1.476 acre Golden tract, said iron rod also marking the north corner of the called 8.181 acre Snoopaluke Holdings, LLC tract recorded in Volume 1a910, Page 19 (O.P,R.8,C.), from whence a found 112-inch iron rod marking the most northerly east corner of the called 8,161 acre Snoopaluke Holdings, LLC tract bears S 47' 59' 37" E at a distance of 198.39 feet for reference, THENCE, along the common line of this tract and the called 8.181 acre Snoopaluke Holdings, LLC tract for the following two (2) calls. 1) S 42° 47' 33" W (DEED CALL: S 45' 00' 00" W) for a distance of 79,70 feet to a found 112-inch iron rod marking an angle point of this tract, and 2) S 42- 10' 29" W (DEED CALL: S 45' 00'00" W) for a distance of 302 34 feet to an angle point, THENCE: into and through the called 2 acre Golden tract for the following three (3) calls: 1) N 47° 45' 43" W for a distance of 99,18 feet to an angle point, 2) N 42° 14' 17" E fora distance of 9.00 feet to an angle point, and 3) N 47' 45' 43" W for a distance of 161.56 feet to the POINT OF BEGINNING and containing 2.253 acres of land. I, Cody Karisch, Registered Professional Land Surveyor No. 7004, State of Texas, do hereby certify to the best of my knowledge, information and belief, and in my professional opinion, that this survey is true and correct and agrees with a survey made on the ground under my supervision on July, 2024. Ordinance Form 08-27-19 Page 157 of 270 ORDINANCE NO. Page 4 of 5 FIELD NOTES 1.047 ACRES Being all that certain tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE, Abstract No. 7, in College Station, Brazos County, Texas and being part of the called 2 acre tract described in the deed from John Daniel German and Barbara Joyce Hogan to Mark Golden recorded in Volume 12674, Page 186 of the Official Public Records of Brazos County, Texas (O.P.R.B.C.) and part of the called 8.181 acre tract described in the deed from Antioch Community Church of CS to Snoopaluke Holdings, LLC recorded in Volume 18910, Page 19 (C.P.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 112-inch iron rod marking the common west corner of this herein described tract and the called 2 acre Golden tract, said iron rod also marking the south corner of the called 19.575 acre University Acres, LLC tract recorded in Volume 12870, Page 261 (O.P.R.B.C.), being in the southeast margin of Cain Road and being in the easterly right-of-way line of Holleman Drive South (based on a variabl4 width); THENCE: N 42° 11' 20" E along the common line of this tract, the called 19.575 acre University Acres, LLC tract and the southeast margin of said Cain Road for a distance of 107.53 feet to a point for the north corner of this tract, to a found 3/8-inch iron rod marking the north corner of the called 2 acre Golden tract bears N 42' 11' 20" E at a distance of 189.95 feet for reference; THENCE: into and through the called 2 acre Golden tract and into the interior of the called 8.181 acre Snoopaluke Holdings, LLC tract for the following seven (7) calls: 1) S 47` 45' 43" E for a distance of 161.56 feet to an angle point, 2) S 42' 14' 17" W for a distance of 9.00 feet to an angle point, 3) S 47' 45' 43" E for a distance of 109.32 feet to a point for the east corner of this herein described tract, 4) S 42' 07' 49" W for a distance of 187.75 feet to the Point of Curvature of a curve to the right, 5) 13.37 feet along the are of said curve having a central angle of 10° 13' 01", a radius of 75.00 feet, a tangent of 6.70 feet and long chord bearing S 47' 14' 19" W at a distance of 13.36 feet to the Point of Tangency, 6) N 70' 23' 26" W for a distance of 9.86 feet to an angle point, and 7) S 42° 10' 29" W for a distance of 19.42 feet to a found 518-inch iron rod marking the common south corner of this tract and the called 2 acre Golden tract, said iron rod also marking the west corner of the called 8.181 acre Snoopaluke Holdings, LLC tract and being in the easterly right- of-way line of said Holleman Drive South; THENCE: N 22' 01' 51" W along the easterly right-of-way line of said Holleman Drive South for a distance of 289.61 feet to the POINT OF BEGINNING and containing 1.047 acres of land. I, Cody Karisch, Registered Professional Land Surveyor No. 7004, State of Texas, do hereby certify OF rF �Q°°°°SrE °. to the best of my knowledge, information and belief, �,ov�� and in my professional opinion, that this survey is true and correct and agrees with a survey made on �:` ° CODY KARISCA the ground under my supervision on July, 2024. 11, ZA Ordinance Form 08-27-19 Page 158 of 270 ORDINANCE NO. Page 5 of 5 Exhibit B Ordinance Form 08-27-19 Page 159 of 270 City of College Station 00 0 AV� Ik QQ♦Oell L AL S 0 150 300 BARRACKS WEST PH 3 Case: NORTH Feet � I � REZ2024-000021 REZONING City of College Station UNI HA H T T T a DD THE. II 20OFT Notification 7 ix -\ x ZONING DISTRICTS (In Grayscale) Non -Residential Planned Districts Overlav Districts Retired Districts Residential MH Middle Housing NAP Natural Area Protected P-MUD Planned Mixed -Use Dist. OV Corridor Ovr. R-1 B Single Family Residential R Rural MF Multi -Family O Office PDD Planned Develop. Dist. RDD Redevelopment District R-4 Multi -Family WE Wellborn Estate MU Mixed -Use SC Suburban Commercial HOO High Occupancy Ovr. R-6 High Density Multi -Family E Estate MHP Manufactured Home Pk. WC Wellborn Commercial Desiqn Districts ROO Restricted Occupancy Ovr. C-3 Light Commercial WRS Wellborn Restricted Suburban GC General Commercial WPC Wolf Pen Creek Dev. Cor. NPO Nbrhd. Prevailing Ovr. RD Research and Dev. IRS Restricted Suburban CI Commercial Industrial NG-1 Core Northgate NCO Nbrhd. Conservation Ovr. M-1 Light Industrial GS General Suburban BP Business Park NG-2 Transitional Northgate HP Historic Preservation Ovr. M-2 Heavy Industrial D Duplex BPI Business Park Industrial NG-3 Residential Northgate T Townhome C—U College and University 0 170 340 Case: REZONING Feet BARRACKS WEST PH 3 REZ2024-000021 NORTH It 3 2 1 \1J N/F LAS PALOMAS SUBDIVISION 7367/53 ZONED: MIDDLE HOUSING — MH HIGH OCCUPANCY OVERLAY — H00 I N/F BCS MISSION RANCH TOWNHOMES LP CALLED 10.43 ACRES 14791 / 155 ZONED: PDD EXISTING ZONING: TOWNHOUSE PROPOSED ZONING: GENERAL COMMERCIAL .047 ACRES POINT OF BEGINNING S4Z 10' 2WW-19.42'- N70' 23' 26"W - N4Z 11' 20"E-107.53' / / \ _ ----I 20' E.E. / (6393/43 & 6393/53) / EXISTING ZONING: / RURAL PROPOSED ZONING: / GENERAL COMMERCIAL / / 1.000 ACRE / N4Z 14' 17"E - 9.00' 10' E. E. (6393/43 & 6393/53) bo 3 z / N4Z 10' 29E - 204.86 C1 842' 07' 49"W - 187.75 THREE BEARS DRIVE N/F SNOOPALUKE HOLDINGS LLC TRACT 43.2, 8.818 ACRES 18910/019 ZONED: TOWNHOUSE — T 15 LEGAL DESCRIPTION OF 2.253 ACRE TRACT: BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT No. 7 IN COLLEGE STATION, BRAZOS COUNTY, TEXAS AND BEING PART OF THE CALLED 2 ACRE TRACT DESCRIBED IN THE DEED FROM JOHN DANIEL GERMAN AND BARBARA JOYCE HOGAN TO MARK GOLDEN RECORDED IN VOLUME 12674, PAGE 186 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (O.P.R.B.C.) AND ALL OF THE CALLED 1.476 ACRE TRACT DESCRIBED IN THE DEED FROM B. BRENT DEWELL AND LORI BETH SEWELL TO MARK GOLDEN RECORDED IN VOLUME 12886, PAGE 254 (O.P.R.B.C.). LEGAL DESCRIPTION OF 1.047 ACRE TRACT: BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT No. 7, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS AND BEING PART OF THE CALLED 2 ACRE TRACT DESCRIBED IN THE DEED FROM JOHN DANIEL GERMAN AND BARBARA JOYCE HOGAN TO MARK GOLDEN RECORDED IN VOLUME 12674, PAGE 186 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (O.P.R.B.C.) AND PART OF THE CALLED 8.181 ACRE TRACT DESCRIBED IN THE DEED FROM ANTIOCH COMMUNITY CHURCH OF CS TO SNOOPALUKE HOLDINGS, LLC RECORDED IN VOLUME 18910, PAGE 19 (O.P.R.B.C.). 0 1 N J m m z 50' ROW - 27' PAVEMENT PROPOSED BARRACKS WEST SUBDIVISION PHASE 2 ZONING CHANGE BOUNDARY Lo T z N/F UNIVERSITY ACRES LLC CALLED 19.575 ACRES 12870/261 ZONED: RURAL — R CAIN ROAD 21' PAVEMENT ROW BY PRESCRIPTION N4Z 11' 20"E - 292.92' N/F CM DELTA RIDGE LI CALLED 1.979 ACRI 19345/200 ZONED: RURAL — LEGEND PROPOSED PUBLIC UTILITY EASEMENT (P.U.E.) PROPOSED PRIVATE DRAINAGE EASEMENT (Pr.D.E.) EXISTING PUBLIC UTILITY EASEMENT (P.U.E) EXISTING PUBLIC ACCESS EASEMENT (P.A.E.) O PROPERTY CORNER Curve Table CURVE # LENGTH RADIUS DELTA TANGENT CHORD CHORD DIRECTION C1 13.37' 75.00' 010°13'01" 6.70' 13.36' S47°14'19"W N4710' 29AE - 302.34' 45' 43'W - 10.14' PROPOSED BARRACKS WEST SUBDIVISION PHASE 1 �i 12 2 O EXISTING ZONING z i N J H K Fq z RURAL TOWNHOUSE MIDDLE HOUSING PLANNED DEVELOPMENT DISTRICT PROPOSED ZONING GENERAL COMMERCIAL TOWNHOUSE 7 NOTES: 1. THE BEARINGS OF THIS SURVEY ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD83(201 1) EPOCH 2010, AND BOUNDARY REFERENCED TO 1/2", 3/8", AND 5/8" IRON RODS AND MONUMENTS FOUND AS NOTED IN THE PREVIOUS RECORDED DEEDS. 2. SAID LOT DOES NOT APPEAR TO BE UNDER THE 100 YEAR FLOOD PLAIN, AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ON COMMUNITY PANEL NO.48041 CO31 OF EFFECTIVE DATE, APRIL 2, 2014. 3. ALL EXISTING STRUCTURES WILL BE DEMOLISHED. N4Z 30' 11'E - 79.97' �I II II 5' W. E. (1350/144) II N/F CM DELTA RIDGE LLC CALLED 1.476 ACRES 19345/200 ZONED: RURAL — R II II S4Z 47' 33"W - 79.70' 20' PUE (---/---) VARIABLE WIDTH PUE—= (13727/292) COMMON AREA A AND Pr.D.E. 0 VICINITY MAP (Illllllll� I J o� PALOMA R DGE DRIVE CAIN ROAD PROJECT = (IIIIIIIIIIIIIIIII) LOCATION IIIII I IIIII II IIIII y LA____I_E �IIIIII__ 71 z�lllllllll VIIIIIIIRfl IIIIII11) ��IIIIIIIII f llllllll) OLD IRONSIDES DRIVE �lLl I I I I I I I II I I I I I I I I� I I I I I I I I I I I Em NOT TO SCALE M W �=> w �Q o UN 1 AQ 3: N 1 2 30 15 0 30 SCALE IN FEET � 3 4 N/F THE BARRACKS II SUBDIVISION PHASE 112 13727/292 ZONED: MIDDLE HOUSING — MH, HIGH OCCUPANCY OVERLAY — H00 "p 0� '-'� - 9 � � �0ib `�0 i 8 ' 9 10 / / / REZONING EXHIBIT THE BARRACKS WEST SUBDIVISION PHASE 3 3.300 ACRES EXISTING ZONING - RURAL AND TOWNHOUSE PROPOSED ZONING - TOWNHOUSE AND GENERAL COMMERCIAL COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: I "=30' OCTOBER 2024 OWNER/DEVELOPER: SURVEYOR: ENGINEER: $dult7 Engmeenng. U C CM Delta Ridge LLC McClure & Browne PO BOX 12236 Engineering/Surveying, Inc. TBPE 12327 911 SOUTHWESTPKWY E. College Station, TX 77842 1008 Woodcreek Dr., Suite 103 College Station, Texas 77840 (936) 545-6050 College Station, TX 77845 4+4 (979)693-3838 (979)764-3900 01 Page 162 of 270 NOTIFICATIONS Advertised Commission Hearing Date Advertised Council Hearing Date: BACKGROUND INFORMATION January 16, 2025 January 23, 2025 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: The Barracks at Rock Prairie Property owner notices mailed Contacts in support: Contacts in opposition: Inquiry contacts: ADJACENT LAND USES Direction Comprehensive Plan North Neighborhood Center South Mixed Residential East Mixed Residential West Mixed Residential DEVELOPMENT HISTORY Annexed: Zoning: Final Plat: Site Development: 22 None at the time of this report None at the time of this report None at the time of this report Zoning R Rural T Townhouse MH Middle Housing, H00 High Occupancy Overlay, T Townhome PDD Planned Development District, MH Middle Housing, HOO High Occupancy Overlay Land Use Single-family attached, Cain Road (local street) Vacant, Three Bears Drive (local street) Townhomes Duplexes, Vacant, Holleman Drive South (Minor Arterial) November 2002 A-0 Agricultural -Open (upon annexation 2002) A-0 Agricultural -Open renamed to R Rural (2013) 0.47 acre property o from R Rural to T Townhouse (2023) Unplatted 0.47 acre property: platted as Common Area B (Barracks West Phase 1- recorded 10/31/2024) Single-family detached, Vacant Page 163 of 270 (*-REZONING APPLICATION CITY °FC° GFST^TI°N SUPPORTING INFORMATION Home ofTexarAbM University' Name of Project: 3417 & 3423 CAIN ROAD AND 3197 HOLLEMAN DRIVE (REZ2024-000021) Address: 3417 CAIN RD Legal Description: A000701, CRAWFORD BURNETT (ICL), TRACT 145, 1.476 ACRES Total Acreage: 3.299 Applicant:: SCHULTZ ENGINEERING LLC Property Owner: CM Delta Ridge LLC List the changed or changing conditions in the area or in the City which make this zone change necessary. With the increasing residential development in the area, general commercial is warranted adjacent to Holleman. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. A comprehensive plan amendment has been submitted for this tract, so that the zoning is compatible with the land use. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The current rural zoning severely limits developable uses and is not the highest and best use for the tract. Explain the suitability of the property for uses permitted by the rezoning district requested. The combination of general commercial along Holleman and residential at the rear of the tract provides nearby commercial development to serve the residence. Page 1 of 2 Page 164 of 270 Explain the suitability of the property for uses permitted by the current zoning district. The combination of general commercial along Holleman and residential at the rear of the tract provides nearby commercial development to serve the residence. Explain the marketability of the property for uses permitted by the current zoning district. The rural zoning limits the development of the tract, and rezoning the tract will greatly improve marketability. List any other reasons to support this zone change. n/a Page 2 of 2 Page 165 of 270 Occu n t I Ai occu, Mixed Residential / 9 0 Resid Mixed Residential Mixed Residential 0 N January 23, 2025 Item No. 9.4. Thomas Park Final Design Contract Amendment No. 1 Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on Amendment No. 1 to the professional services contract with The Broussard Group, Inc. dba TBG Partners, not to exceed $949,820 for the design and construction observation of Mabel Clare Thomas Park and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. Relationship to Strategic Goals: Core Services and Infrastrucure Recommendation(s): Staff recommends approval and award of the professional services contract Amendment No. 1with The Broussard Group, Inc. dba TBG Partners and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: This project was part of the November 2022 General Obligation Bond Election. The master plan was approved by the City Council on November 14, 2024. The proposed professional services contract amendment will include conceptual design, design development, final design and documentation, and construction services for Mabel Clare Thomas Park. Budget & Financial Summary: Budget in the amount of $3,000,000 is included for this project in the Parks Capital Improvement Projects Fund. A total of $85,741 has been expended or committed to date, leaving a balance of $2,914,259 for this design contract and future costs. This budget was approved via the City of College Station's November 2022 General Obligation Bond Election. The "Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt" is necessary for this project because all of the long-term debt projected to be issued for this project has not yet been issued. The debt for the project is scheduled to be issued at a later date. Additional budget in the amount of $2,400,000 is also available in the Parks Capital Improvement Projects Fund. A total of $428,322 has been expended or committed to date, leaving an additional balance of $1,971,677 for future construction costs. This budget was included in the Parks Capital Plan in FY19. Attachments: 1. Mabel Clare Thomas Park Redevelopment DRR 1-23-25 2. 23300656 Original Design Contract -Broussard Group -Thomas Park_Executed_8-22-2023 3. Mabel Clare Thomas Park TBG Amendment 1 Vendor Signed Page 168 of 270 17�Y�Z11 �JI�[�)��►[�a RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH PROCEEDS FROM DEBT WHEREAS, the City of College Station, Texas (the "City") is a home -rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $3,000,000, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. PASSED AND APPROVED THIS 23rd DAY OF January, 2025. ATTEST: Tanya Smith, City Secretary John Nichols, Mayor (Seal) Page 169 of 270 APPROVED: )Cabl,rkhurst & Horton L.L.P Bond Counsel Page 170 of 270 Exhibit "A" The project to be financed that are the subject of this Statement is: Mable Clare Thomas Park Redevelopment ($3,000,000) This project may include design and construction of pavilions, lighting, shade areas, irrigation, sidewalks, pathways, playgrounds/recreational areas, historical markers, and signage at Mabel Clare Thomas Park. This contract covers architectural, civil, structural, mechanical, and plumbing engineering services, including schematic design, design development, construction documents, bidding documents, and construction observation. The project was approved via the City of College Station's November 2022 General Obligation Bond Election. This project was approved as part of Proposition D. Page 171 of 270 CONTRACT & AGREEMENT ROUTING FORM CITY OF COLLEGE STATION CONTRACT#: 23300656 PROJECT#: PK2307 BID/RFP/RFQ#: RFQ23-013 Horne of Texas A&M University® Project Name / Contract Description: Mabel Clare Thomas Park Improvements Name of Contractor: The Broussard Group, Inc. dba TBG Partners (TBG) CONTRACT TOTAL VALUE: $ 67,500 Debarment Check ❑ Yes ❑ No ❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑ N/A ❑E NEW CONTRACT ❑ RENEWAL # Grant Funded Yes No ❑E If yes, what is the grant number: Davis Bacon Wages Used ❑ Yes ❑ No[:] N/A Buy America Required ❑ Yes ❑ No[:] N/A Transparency Report ❑ Yes ❑ No ❑ N/A CHANGE ORDER # ❑ OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) PK2307 - Design 41389971-6560 (If required)* CRC Approval Date*: N/A Council Approval Date*: N/A Agenda Item No*: N/A --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VVU Performance Bond: NSA Payment Bond: NSA Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL 8/21/2023 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE ((� 8/21/2023 ASST CITY MGR — CFO DATE 16LL Q. %WSV 8/22/2023 LEGAL DEPARTMENT DATE APPROVED & EXECUTED ia7V'�A I,, w661S 8/22/2023 CITY MANAGER DATE N/A MAYOR (if applicable) DATE N/A CITY SECRETARY (if applicable) DATE Onginal(s) sent to CSO on Scanned into Laserfiche on Original(s) sent to Fiscal on Page 172 of 270 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 The Broussard Group, Inc. dba TBG Partners , a Texas 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"): As described in Exhibit A, Mabel Clare Thomas Park Improvements (RFQ 23-013) 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 Sixty -Seven Thousand Five Hundred and NO /100 Dollars ($ 67,500.00 ). 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. Contract No. 23300656 A&E Professional Services with Construction Page 1 Form 3-06-23 Page 173 of 270 (a) Conceptual Design: 0 calendar days after the authorization to commence planning. (b) Preliminary Design: 0 calendar days after authorization to commence PPD. (c) Final Design: 0 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): Task One Site Inventory and Analysis Task Two Program Assessment and Analysis Task Three Conceptual Design Total number weeks 4 weeks from Notice to Proceed (NTP) 8 weeks after review of Task 1 12 weeks after authorization of Task 2 24 weeks 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 Contract No. 23300656 A&E Professional Services with Construction Form 3-06-23 Page 2 Page 174 of 270 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. Contract No. 23300656 A&E Professional Services with Construction Page 3 Form 3-06-23 Page 175 of 270 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 $ 2,600,000.00 . 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 Contract No. 23300656 A&E Professional Services with Construction Page 4 Form 3-06-23 Page 176 of 270 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 the Conceptual 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 Contract No. 23300656 A&E Professional Services with Construction Page 5 Form 3-06-23 Page 177 of 270 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 Contract No. 23300656 A&E Professional Services with Construction Page 6 Form 3-06-23 Page 178 of 270 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. Contract No. 23300656 A&E Professional Services with Construction Page 7 Form 3-06-23 Page 179 of 270 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 Contract No. 23300656 A&E Professional Services with Construction Page 8 Form 3-06-23 Page 180 of 270 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. Contract No. 23300656 A&E Professional Services with Construction Page 9 Form 3-06-23 Page 181 of 270 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. Contract No. 23300656 A&E Professional Services with Construction Page 10 Form 3-06-23 Page 182 of 270 (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. Contract No. 23300656 A&E Professional Services with Construction Page 11 Form 3-06-23 Page 183 of 270 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: Contract No. 23300656 A&E Professional Services with Construction Page 12 Form 3-06-23 Page 184 of 270 (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 Liability Insurance 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 must be 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: Contract No. 23300656 A&E Professional Services with Construction Page 13 Form 3-06-23 Page 185 of 270 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 Contract No. 23300656 A&E Professional Services with Construction Page 14 Form 3-06-23 Page 186 of 270 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 Contract No. 23300656 A&E Professional Services with Construction Page 15 Form 3-06-23 Page 187 of 270 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." 11.08 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) Contract No. 23300656 A&E Professional Services with Construction Page 16 Form 3-06-23 Page 188 of 270 ("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. Contract No. 23300656 A&E Professional Services with Construction Page 17 Form 3-06-23 Page 189 of 270 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 Atha: Rusty Warncke PO BOX 9960 1101 Texas Ave College Station, TX 77842 rwarncke (a,cstx.gov The Broussard Group, Inc. Attn: Meade Mitchell 3232 E Cesar Chavez Building 1, Ste 100 Austin, TX 78702 mjeade.mitchell@tbgpartners.com 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 Contract No. 23300656 A&E Professional Services with Construction Page 18 Form 3-06-23 Page 190 of 270 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 parry'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. The Consultant 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 the Consultant 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. Contract No. 23300656 A&E Professional Services with Construction Page 19 Form 3-06-23 Page 191 of 270 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, the Consultant 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. Contract No. 23300656 A&E Professional Services with Construction Page 20 Form 3-06-23 Page 192 of 270 List of Exhibits A. Scope of Services B. Payment Schedule C Certificates of Insurance THE BROUSSARD GROUP, INC. dba TBG PARTNERS By: NLt JL Atih& Printed Name: Meade Mitchell Title: Pri nci pal Date:8/21/2023 CITY OF COLLEGE STATION By: f° rua t-- (- (WAS City Mana er Date: 8/22/102 3 APPROVED: City Attorney Date: 8/22/2023 Assistant City Manager/CFO Date: 8/21/2023 Contract No. 23300656 A&E Professional Services with Construction Page 21 Form 3-06-23 Page 193 of 270 EXHIBIT A SCOPE OF SERVICES Contract No. 23300656 A&E Professional Services with Construction Form 3-06-2023 Page 194 of 270 4ell' 05/19/2023 TBG Rev. 1- 06/13/2023 Rusty Warncke Project Manager, Capital Projects City of College Station I cstx.aov P.O. Box 9960 1 College Station, TX 77842-9960 Desk: 979-764-3731 1 Main: 979-764-3500 Proposal for Professional Design Services Client: City of College Station Project Name: Mabel Clare Thomas Park Redevelopment Project Location: 1300 James Parkway, College Station, TX TBG Project Number: H23163 Dear Mr. Warncke The Broussard Group, Inc. dba TBG Partners (TBG) is pleased to submit this Proposal for Professional Design Services (the Proposal) for the above referenced Project. TBG will work in collaboration with your team of professional consultants (the Design Team) to achieve your overall Project goals. Once executed, the Proposal with attached Terms and Conditions, incorporated herein by reference, will serve as the parties' agreement for TBG's Scope of Services for the Project (the Agreement). We look forward to the opportunity of working with you. Please do not hesitate to call if you have any questions or need additional information. Sincerely, 1416AW( Meade Mitchell PLA Principal TBG 1333 west loop south suite 1450 houston, texas 77027 [7131 439 0027 tbgpartners.com Page 195 of 270 Mabel Clare Thomas Park Redevelopment 05/19/2023 The Project This project consists of redevelopment of Mabel Clare Thomas Park. Our approach includes a particular level of design service required to realize the unique opportunities presented by the Project and the associated site, taking into account design of amenities as well as fixtures and finishes commensurate with the exclusive nature of the neighborhood and people within the community that use the park. TBG will prepare and develop the site design and implementation documents to include the following: 01_ Develop a design program within the capital improvement budget that may include a new pavilion with restroom, historical/ memorial elements, additional lighting, shade areas, and unique playscapes/recreational elements for a wide range of ages 02_ Related pedestrian circulation to integrate improvements into the existing park amenities and neighborhood 03 Do related earthwork design to improve the relationship of uses to the natural existing drainage pattern and help establish necessary separation of different functional spaces Design Approach Our design approach requires a thorough understanding of the Project in relation to its social, economic and environmental context to fully realize the unique opportunities and constraints revealed by the Property. The intent of TBG's design approach will result in a conceptual plan that integrates the following elements: 04_ Existing natural and man-made systems, allowing for the appropriate preservation, enhancement and/or integration into the plan. 05_ Consideration for open space and recreational amenity systems along with supporting infrastructure systems. 06_ Siting of the proposed park programs in relation to the systems noted above. Page 196 of 270 3 Mabel Clare Thomas Park Redevelopment 05/19/2023 Reference Exhibit 'A' below for our understanding of the current program and site (prepared by Design Workshop) which serves as the basis for this Proposal. In the event that the Project scope changes significantly from Exhibit'A', TBG reserves the right to revise the Scope of Services and associated fee allocations to align with the scope modifications. Exhibit'A' Plan(s) shown above represents our best understanding of the scope and extent of the Project at the time of preparing this Proposal. Substantive changes may require consideration of Additional Services Scope of Services Page 197 of 270 4 Mabel Clare Thomas Park Redevelopment 05/19/2023 TBG will provide this Scope of Services based on the Proposal Assumptions that follow. Additional Services may be available, per the terms described later in the Agreement. TBG's design process divides the Scope of Services into three distinct phases: Discovery, Development, and Delivery. By adhering to these three phases in our design process, projects move seamlessly from an idea to implementation. Discovery To research, analyze and understand the site context as well as programmatic opportunities and constraints. Critical tasks within Discovery include: — Task One: Site Inventory and Analysis — Task Two: Program Assessment and Analysis Development To develop the Project vision and craft its form and function, from design through documentation, including these ongoing tasks: — Task Three: Conceptual Design Discovery Task One Site Inventory and Analysis Description of Services TBG will work with the Project team to study and evaluate the existing conditions of the site and to organize opportunities and constraints that will impact potential design solutions. Efforts within this task may include: — Site visit — Tree and topographic survey analysis (surveys by others) — Context analysis — Site analysis — Precedent studies — Shade studies — Entitlement compliance Deliverables — Inventory and analysis drawings and diagrams — Site visit report/summary Task Two Program Assessment and Analysis Description of Services Page 198 of 270 Mabel Clare Thomas Park Redevelopment 05/19/2023 TBG and the project consulting team will participate in a series of community engagement events that will be facilitated by the City, as well as communicating with stakeholder groups to determine critical social, environmental and economic performance expectations for the Project. From the performance summary, TBG will assess with the Design Team optimum approach(es) for landscape/open space/spatial amenities and site elements. Deliverables — Performance inventory and assessment, including written narrative(s) — Program inventory, including additional recommendations, to respond to performance assessment above — Project comp assessment, including evaluation of other developments of a similar nature and context Development Task Three Conceptual Design Description of Services TBG will develop a conceptual design package for the Project, accommodating the program based on the Client's and Design Team's objectives, as determined above. Concept design will serve to organize the site with program elements, optimize spatial and performance objectives and begin to establish an overall design framework/design approach. Deliverables — Functional use diagram(s), illustrating program/performance summary and optimal site and user utilization — Conceptual Design Options with a maximum of three (3) concepts for Client to review — Image boards to communicate character, look and feel for proposed design themes, materials, finishes and uses/activities — Illustrative sections/elevations to convey design intent — Conceptual design grading plan for site limits of work, to be coordinated with team civil engineer. — Preliminary construction budgets, in coordination with the Owner -selected Construction Manager and/or general contractor — Production and issuance 50% Conceptual Design and 100% Conceptual Design package with associated cost projections at 100% set — Three (3) perspectives — We have assumed three (3) meetings in College Station, TX during this task. Proposal Assumptions TBG's Proposal assumes and is contingent upon the following: Page 199 of 270 6 Mabel Clare Thomas Park Redevelopment 05/19/2023 — Client shall provide the following information or services as required for performance of the work. TBG assumes no responsibility for the accuracy of such information or services and will not be liable for errors or omissions therein or the effect of same on TBG's work. Should TBG be required to obtain or compile this information, such services will be charged as Additional Services. Legal descriptions of property and record drawings Market or demographic studies and reports Traffic Impact Analysis Topographic and boundary surveys Existing site engineering and utility base information Site environmental information required for planning processing Arborist consultation services. — Client will review and provide comments on drawings and outline criteria provided by TBG. — TBG will NOT participate in zoning and entitlement efforts, these services if requested will be provided on a time and materials basis as an Additional Service — The following tasks are not included in our Scope of Services: Civil engineering of public streets, Environmental engineering/assessment services Legal and land use attorney services for zoning entitlements Market research and demographic studies and reports Marketing level renderings and/or graphics — TBG shall not be required to sign any documents that would result in it having to certify, guaranty, or warrant the existence of conditions that it cannot independently ascertain. Schedule Services described herein are contingent upon schedule requirements provided by the Client or assumed by TBG. Following are specific assumptions contained herein that are the basis for fees and services proposed. Any changes to the assumptions provided wil I require written acknowledgement and approval of the Client and TBG prior to proceeding. Should the Project schedule change or modify after contract authorization, the Project will be subject to Additional Services. Significant deviations, delays or pauses to the schedule may also be grounds for Additional Services. Schedule Assumptions Task Description Time Units Discovery Task One Site Inventory and Analysis 4 Weeks Task Two Program Assessment and Analysis 8 Weeks Development Page 200 of 270 Mabel Clare Thomas Park Redevelopment 05/19/2023 Task Three Conceptual Design Total TBG Time 12 Weeks 24 Weeks Page 201 of 270 8 Mabel Clare Thomas Park Redevelopment 05/19/2023 Fees for Professional Services Each task has been written on a fee basis as noted below. The fee for this basic Scope of Services will be billed monthly: Task Description Discovery Task One Site Inventory and Analysis Task Two Program Assessment and Analysis Development Task Three Conceptual Design Task Four Preliminary Design Task Five Final Design Delivery Task Six Bidding and Negotiation Assistance Task Seven Pre -Construction Services Task Eight Construction Observation TBG Scope of Services Total Fees Fee Fee Basis $ 12,500 Hourly NTE $ 20,000 Hourly NTE $ 35,000 Hourly NTE Future Contract Future Contract Future Contract Future Contract Future Contract $ 67,500 Hourly NTE Note: The Total TBG Scope of Services fee includes fees for landscape architectural, ecological consulting, civil engineering, and architectural design services only. This proposal excludes any and all state and local taxes associated with the project site. Any such taxes required by law will be added to the project fee. Fees for Additional Services Additional Services not covered by the Scope of Services outlined above, but requested in writing by the Client, will be billed on an hourly basis, unless otherwise agreed. Fees for other sub -consultants, such as referenced in Proposal Assumptions, including Structural Engineering, MEP , and Geotechnical Engineering, are not included in the Total TBG Scope of Services Fee for this portion of the contract. Hourly Rates for Landscape Architecture Level Hourly Rate Staff 1 $ 60-100 Staff 2 $ 115-130 Staff 3 $ 140-160 Staff 4 $ 170-185 Staff 5 $ 190-205 Staff 6 $ 210-250 Page 202 of 270 9 Mabel Clare Thomas Park Redevelopment 05/19/2023 Hourly Rates for Architecture Level Hourly Rate Staff 1 $ 80 Staff 2 $ 85 Staff 3 $ 130 Staff 4 $ 160 Staff 5 $ 190 Staff 6 $ 215 Staff 7 $ 240 Staff 8 $ 265 Staff 9 $ 315 Staff 10 $ 365 Hourly Rates for Ecological Consulting Level Hourly Rate Staff 1 $ 65 Staff 2 $ 110 Staff 3 $ 120 Staff 4 $ 130 Staff 5 $ 135 Staff 6 $ 150 Staff 7 $ 165 Staff 8 $ 180 Staff 9 $ 195 Staff 10 $ 210 Staff 11 $ 225 Staff 12 $ 245 Staff 13 $ 275 Hourly Rates for Civil Engineering Level Hourly Rate Staff 1 $ 65 Staff 2 $ 75 Staff 3 $ 80 Staff 4 $ 90 Staff 5 $ 100 Staff 6 $ 125 Staff 7 $ 140 Staff 8 $ 175 Staff 9 $ 185 Page 203 of 270 10 Mabel Clare Thomas Park Redevelopment 05/19/2023 Reimbursables The following costs shall be reimbursed at cost plus ten percent and are not included in the fee for professional services: — Cost of copies for drawings, specifications, reports, cost estimates, xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract — Cost of digital scanning — Cost of printing for small and large format plots furnished or prepared in connection with the work of this contract — Travel associated with the Project, including, but not limited to, mileage (current IRS rate), airfare, automobile rental, hotel and meals — Cost of postage, shipping and delivery expenses other than first class mail — Cost of models, special renderings, promotional photography, special process printing, document mounting, special equipment, special printed reports or publications, maps and documents approved in advance by the Client — Photographic services and processing: drone aerial flights, drone insurance, videos and still photos — Fees for additional consultants retained with the approval of the Client — TAS Plan Review and Inspection Cost — Cost for bid advertisement(s) — PlanGrid charges If the Proposal, fee of $67,500 . APPROVED and agreed: Allax A/��7 Meade Mitchell PLA Principal APPROVED and agreed: BY Authorized Agent The Broussard Group, Inc. City of College Station 05/19/23 Date DATE The Texas Board of Architectural Examiners, 505 E. Huntland Dr., Ste. 350, Austin, Texas 78752, telephone [512] 305 9000, has jurisdiction over individuals licensed under the Architects Registration Law, Article 249.a, and the Landscape Architects Registration Law, Article 249.c, Vernon's Texas Civil Statutes. Proposal copyright ©2023 by TBG Partners. No portion of this proposal may be copied or distributed without the written permission of TBG Partners. Page 204 of 270 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: ($ 1. 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- 0 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: Total not to exceed amount of $67,500.00 see attached scope of work for additional information. Contract No. 23300656 A&E Professional Services with Construction Form 3-06-2023 J Page 205 of 270 EXHIBIT C CERTIFICATE(S) OF INSURANCE Contract No. 23300656 A&E Professional Services with Construction Form 3-06-2023 Page 206 of 270 DATE (MM/DD/YYYY) A� " CERTIFICATE OF LIABILITY INSURANCE 7/10/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Pat Slen Higginbotham Insurance Agency, Inc. I PHONE FAx 1221 South MoPac Expy, Suite 160 (A/C. No. Ext): 817-710-8350 (A/C, Nor 817-347-6981 Austin TX 78746 I ADDRESS: psien&higginbotham.com INSURER(S) AFFORDING COVERAGE NAIC # License#:2081754 INSURERA: Massachusetts Bay Insurance Company 22306 INSURED TBGPART-01 INSURERB: The Hanover American Insurance Company 36064 TBG Partners 3232 East Cesar Chavez I INSURER C : Arch Insurance Company 11150 Building 1, Suite 100 I INSURERD: Allmerica Financial Alliance Insurance 10212 Austin TX 78702 I INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:204763648 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER (MM/DD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY ODDA227618 4/8/2023 4/8/2024 EACH OCCURRENCE $ 1 000 000 CLAIMS -MADE � OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PE LOC OTHER: D AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB I X I OCCUR EXCESS LIAB H CLAIMS -MADE DED I X I RETENTION $ ,, B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRI ETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NI N/A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liability DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 AWDA227637 4/8/2023 4/8/2024 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) ODDA227618 4/8/2023 4/8/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 WZD-D787789-09 4/8/2023 4/8/2024 X I PER STATUTE OERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 PAAEP0148101 4/8/2023 4/8/2024 Limit - $3,000,000 Aggr - $5,000,000 Retro Date: 3/27/19 Ded - $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Automobile Liability policies include a blanket automatic additional insured endorsement that provides additional insured status and General Liability, Automobile Liability and Workers' Compensation policies include a blanket waiver of subrogation endorsement when required by written contract. The General Liability policy has a blanket Primary & Non -Contributory endorsement that affords that coverage to certificate holders when required by written contract. See Attached... CERTIFICATE HOLDER CANCELLATION 30 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of College Station 1101 Texas Avenue AUTHORIZED REPRESENTATIVE College Station TX 77842 i ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 207 of 270 AGENCY CUSTOMER ID: TBGPART-01 LOC #: ACOR" AGENCY Higginbotham Insurance Agency, Inc. POLICY NUMBER CARRIER ADDITIONAL REMARKS SCHEDULE NAMED INSURED TBG Partners 3232 East Cesar Chavez Building 1, Suite 100 Austin TX 78702 NAIC CODE I EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 The General Liability, Automobile Liability and Professional Liability policies include a blanket notice of cancellation to certificate holders' endorsement, providing for 30 days' advance notice if the policy is canceled by the company other than for nonpayment of premium, 10 days' notice after the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation. Umbrella is Follow Form. Certificate holder is additional insured as noted above and complete to include: City of College Station ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 208 of 270 Hanover Insurance Group.. AWDA227637 1609013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Designated Entity Mailing Address or Email Address Number g ty g Days Notice BLANKET 30 WHERE REQUIRED BY WRITTEN CONTRACT (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) If we cancel this policy for any reason other than nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 401-1235 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 209 of 270 Policy Number: ODDA227618 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Designated Entity Mailing Address or Email Address BLANKET WHERE REQUIRED BY CONTRACT Number Days Notice 30 (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) If we cancel this policy for any reason other than nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 401-123512 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 210 of 270 Hanover Insurance Group.. ODDA227618 1609013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM injury and advertising injury". A. Additional Insured by Contract, Agreement or Permit (2) To any person or organization included The following is added to SECTION II - as an Insured by another endorsement issued by us and made part of this LIABILITY, C. Who Is An Insured: Coverage Part. Additional Insured by Contract, Agreement or (3) To any lessor of equipment: Permit a. Any person or organization with whom you (a) After the equipment lease expires; agreed in a written contract, written or agreement or permit that such person or (b) If the "bodily injury", "property organization to add as an additional insured damage", or "personal and on your policy is an additional insured only advertising injury" arises out of sole with respect to liability for "bodily injury", negligence of the lessor "property damage", or "personal and (4) To any: advertising injury" caused, in whole or in (a) Owners or other interests from part, by your acts or omissions, or the acts whom land has been leased if the or omissions of those acting on your behalf, but only with respect to: "occurrence" or offense takes place or the offense is committed after (1) "Your work" for the additional insured(s) the lease for the land expires; or designated in the contract, agreement "bodily (b) Managers or lessors of premises if: or permit including injury" or "property damage" Included in the i The takes lace or (i) p "products -completed operations hazard" the offense is committed after only if this Coverage Part provides such you cease to be a tenant in that coverage. premises; or (2) Premises you own, rent, lease or occupy; (ii) The "bodily injury", "property or damage", "personal injury" or (3) Your maintenance, operation or use of "advertising injury" arises out of structural alterations, new equipment leased to you. construction or demolition b. The insurance afforded to such additional operations performed by or on insured described above: behalf of the manager or lessor. (1) Only applies to the extent permitted by (5) To "bodily injury", "property damage" or law; and "personal and advertising injury" arising (2) Will not be broader than the insurance out of the rendering of or the failure to which you are required by thecontract, render any professional services. agreement or permit to provide for such This exclusion applies even if the claims additional insured. against any insured allege negligence (3) Applies on a primary basis if that is or other wrongdoing in the supervision, required by the written contract, written hiring, employment, training or agreement or permit. monitoring of others by that insured, if the "occurrence" which caused the (4) Will not be broader than coverage "bodily injury" or "property damage" or provided to any other insured. the offense which caused the "personal (5) Does not apply if the "bodily injury", and advertising injury" involved the "property damage" or "personal and rendering of or failure to render any advertising injury" is otherwise professional services by or for you. excluded from coverage under this d. With respect to the insurance afforded to Coverage Part, including any these additional insureds, the following is endorsements thereto. added to SECTION II - LIABILITY, D. Liability c. This provision does not apply: and Medical Expense Limits of Insurance: (1) Unless the written contract or written The most we will pay on behalf of the agreement was executed or permit was additional insured for a covered claim is the issued prior to the "bodily injury", lesser of the amount of insurance: "property damage", or "personal 391-1586 08 16 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 1 of 2 Page 211 of 270 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations B. Aggregate Limits of Insurance per Project or per Location The following changes are made to SECTION II - LIABILITY: 1. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, paragraph 4: The Aggregate Limits of Insurance apply separately to each of "your projects" or each "location" listed in the Declarations. 2. For the purpose of coverage provided by this endorsement only, the following is added to SECTION II - LIABILITY, F. Liability And Medical Expenses Definitions: 1. "Your project' means: a. Any premises, site or "location" at, on, or in which "your work" is not yet completed; and b. Does not include any "location" listed in the Declarations. 2. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1586 08 16 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 2 Page 212 of 270 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit 2. Additional Insured - Broad Form Vendors 3. Alienated Premises 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) 6. Personal and Advertising Injury - Broad Form 7. Product Recall Expense Product Recall Expense Each Occurrence Limit Product Recall Expense Aggregate Limit Product Recall Deductible 8. Unintentional Failure to Disclose Hazards 9. Unintentional Failure to Notify Limits Page Included 1 Included 2 Included 3 Included 3 Included 3 Included 4 Included 4 $25,000 5 Occurrence $50,000 5 Aggregate $500 5 Included 6 Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit to add such person or organization as an additional insured on your policy is an additional insured only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. (3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury"is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6 Page 213 of 270 c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", "personal and advertising injury" arises out of sole negligence of the lessor. (4) To any: (a) Owners or other interests from whom land has been leased if the "occurrence" takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The "occurrence" takes place or the offense is committed after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: Hanover Insurance Group.. ODDA227618 1609013 The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations e. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured - Broad Form Vendors The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured - Broad Form Vendors a. Any person or organization that is a vendor with whom you agreed in a written contract or written agreement to include as an additional insured under this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. b. The insurance afforded to such vendor described above: (1) Only applies to the extent permitted by law; (2) Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor; (3) Will not be broader than coverage provided to any other insured; and (4) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto c. With respect to insurance afforded to such vendors, the following additional exclusions apply: The insurance afforded to the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6 Page 214 of 270 (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained within the exclusion in subparagraphs (4) or (6) above; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance: 1. Required by the contract or agreement described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. Alienated Premises SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage k. Damage to Property, paragraph (2) is replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods, Use of Elevators a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to Property: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. For the purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 5. Incidental Malpractice - Employed Nurses, EMT's and Paramedics d. With respect to the insurance afforded to SECTION II - LIABILITY, C. Who Is An Insured, these vendors, the following is added to paragraph 2.a.(1)(d) does not apply to a nurse, SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6 Page 215 of 270 Hanover Insurance Group.. ODDA227618 1609013 emergency medical technician or paramedic o. Recall of Products, Work or Impaired employed by you if you are not engaged in the Property is replaced by the following: business or occupation of providing medical, o. Recall of Products, Work or Impaired paramedical, surgical, dental, x-ray or nursing Property services. 6. Personal Injury - Broad Form Damages claimed for any loss, cost or expense incurred by you or others for a. SECTION II - LIABILITY, B. Exclusions, 2. the loss of use, withdrawal, recall, Additional Exclusions Applicable only to inspection, repair, replacement, "Personal and Advertising Injury", paragraph adjustment, removal or disposal of: e. is deleted. (1) "Your product"; b. SECTION II - LIABILITY, F. Liability and "Personal (2) "Your work"; or Medical Expenses Definitions, 14. and advertising injury", paragraph b. is (3) "Impaired property"; replaced by the following: If such product, work or property is b. Malicious prosecution or abuse of withdrawn or recalled from the market or process. from use by any person or organization c. The following is added to SECTION II - because of a known or suspected defect, LIABILITY, F. Liability and Medical Expenses "Personal deficiency, inadequacy or dangerous condition in it; but this exclusion does Definitions, Definition 14. and not apply to product recall expenses" advertising injury": that you incur for the "covered recall" of "Discrimination" (unless insurance thereof is "your product". prohibited by law) that results in injury to the However, the exception to the exclusion feelings or reputation of a natural person, "discrimination" does not apply to "product recall but only if such is: expenses" resulting from: (1) Not done intentionally by or at the (4) Failure of any products to accomplish direction of: their intended purpose; (a) The insured; (5) Breach of warranties of fitness, (b) Any officer of the corporation, quality, durability or performance; director, stockholder, partner or member of the insured; and (6) Loss of customer approval, or any cost incurred to regain customer (2) Not directly or indirectly related to an approval; "employee", not to the employment, (7) Redistribution or replacement of prospective employment or termination "your product" which has been of any person or persons by an insured. recalled by like products or d. For purposes of this endorsement, the substitutes; following definition is added to SECTION II - (8) Caprice or whim of the insured; LIABILITY, F. Liability and Medical Expenses Definitions: (9) A condition likely to cause loss of 1. "Discrimination" means the unlawful which any insured knew or had reason to know at the inception of treatment of individuals based upon race, this insurance; color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" (10)Asbestos, including loss, damage or does not include the unlawful treatment clean up resulting from asbestos or of individuals based upon developmental, asbestos containing materials; or physical, cognitive, mental, sensory or (11)Recall of "your products" that have emotional impairment or any no known or suspected defect solely combination of these. because a known or suspected e. This coverage does not apply if liability defect in another of "your products" coverage for "personal and advertising has been found. injury" is excluded either by the provisions of b. The following is added to SECTION II - the Coverage Form or any endorsement LIABILITY, C. Who Is An Insured, paragraph thereto. 7. Product Recall Expense "Product recall expense" arising out of any a. SECTION II - LIABILITY, B. Exclusions, 1. withdrawal or recall that occurred before you Applicable To Business Liability Coverage, acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6 Page 216 of 270 c. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance: Product Recall Expense Limits of Insurance a. The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and the rules stated below fix the most that we will pay under this Product Recall Expense Coverage regardless of the number of: (1) Insureds; (2) "Covered Recalls" initiated; or (3) Number of "your products" withdrawn. b. The Product Recall Expense Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c. The Product Recall Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d. All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". e. Any amount reimbursed for "product recall expenses" in connection with any one 'occurrence" will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. f. If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g. Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each "covered recall". The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. d. The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. For the purposs of this endorsement, the following definitions are added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". 2. "Product recall expense(s)" means a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 5 of 6 Page 217 of 270 (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees"; (5) Expenses incurred by "employees" including transportation and accommodations; Hanover Insurance Group.. ODDA227618 1609013 (1) If the "products - completed operations hazard" is excluded from coverage under this Coverage Part including any endorsement thereto; or (2) To "product recall expense" arising out of any of "your products" that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. 8. Unintentional Failure to Disclose Hazards (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are 9. required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product"; and b. Your lost profit resulting from such "covered recall". f. This Product Recall Expense Coverage does not apply: The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions: Representations We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. Unintentional Failure to Notify The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice of an 'occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6 Page 218 of 270 (3) This Extension provides an additional amount of insurance. SECTION II - LIABILITY Paragraphs 2. through 8. amend coverage provided under SECTION II - LIABILITY. 1. Additional Insured by Contract, Agreement or Permit - Amended For purposes of the coverage provided by this endorsement, Coverage 1. Additional Insured by Contract, Agreement or Permit, subparagraph c. (5) of the Businessowners Liability Special Broadening Endorsement is replaced by the following: This provision does not apply to: (5) All professional liability as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acting on any insured's behalf provides or provided service, advice, expertise or work. Construction includes, but is not limited to, the plan, conception, design, build, construct, assembly, development, safety, erection, formation, reconstruct, rehabilitation, repair, or any improvement made to real property. Construction also includes the hiring, supervision or management of any of these activities. However, this exclusion does not apply to liability arising out of an insured's presence at a jobsite that was not caused by professional activities listed in the above paragraph. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved professional liability as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acting on any insured's behalf provides or provided service, advice, expertise or work. 2. Additional Insured by Contract, Agreement or Permit - Primary and Non-contributory a. The following is added to SECTION III - COMMON POLICY CONDITIONS (APPLICABLE TO SECTION I - PROPERTY AND SECTION II - LIABILITY), paragraph H. Other insurance: Additional Insured - Primary and Hanover Insurance Group.. ODDA227618 1609013 Non -Contributory If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II - LIABILITY, C. Who is an Insured, is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss covered under SECTION II - LIABILITY of this Coverage Part, our obligations are limited as follows: (1) Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (a) For the sole negligence of the Additional Insured; (b) When the Additional Insured is an Additional Insured under another primary liability policy; or (c) When b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. (2) Excess Insurance (a) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (iii) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, 391-1448 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 15 of 17 Page 219 of 270 a. Prior to a loss to your Covered Property. b. After a loss to your Covered Property only if, at time of loss, that party is one of the following: (1) Someone insured by this insurance; (2) A business firm: (a) Owned or controlled by you; or (b) That owns or controls you; or (3) Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. 2. Applicable to SECTION II - LIABILITY Coverage: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair such rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. Hanover Insurance Group.. ODDA227618 1609013 We waive any right of recovery we may have against any person or organization with whom you have a written contract, permit or agreement to waive any rights of recovery against such person or organization 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 condition does not apply to Medical Expenses Coverage. L. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while that legal representative is acting within the scope of their duties as your legal representative. Until your legal representative is appointed, anyone with proper temporary custody of your property will have your rights and duties but only with respect to that property. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 81 of 81 Page 220 of 270 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: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Person or Organization Location of Covered Operations (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) For the purpose of coverage provided by this endorsement, the following changes are made to SECTION II — LIABILITY: A. The following is added to SECTION II — LIABILITY, C. Who is an Insured: Any person or organization shown in the Schedule above is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured at the location designated C. above. However: c. The insurance afforded to such additional insured only applies to the extent permitted by law; and d. 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. The following is added to SECTION II — LIABILITY, B. Exclusions: This insurance does not apply to "bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. The following is added to SECTION II — LIABILITY, D. Liability and Medical Expenses 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: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1937 08 16 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 1 of 1 Page 221 of 270 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: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Person Or Organization Location And Description Of Completed Operations (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) For the purpose of coverage provided by this endorsement, the following changes are made to SECTION II — LIABILITY: A. The following is added to SECTION II — LIABILITY, C. Who Is An Insured: Any person or organization shown in the Schedule above is also an additional insured, 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 above, 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. The following is added to SECTION II — LIABILITY, D. Liability And Medical Expenses 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. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. 391-1602 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 222 of 270 Hanover Insurance Group- WZDD787789 1609013 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 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 4/8/2023 - 4/8/2024 Policy No. WZDD787789 Endorsement No. Insured Premium Insurance Company Countersigned by WC 42 03 04 B (Ed. 6-14) Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Page 1 of 1 Page 223 of 270 Hanover Insurance Group- WZDD787789 1609013 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 CO, KS, LA THIS ENDORSEMENT APPLIES AS A BLANKET WAIVER OF SUBROGATION FOR THOSE PARTIES HAVING A WRITTEN CONTRACT WITH THE POLICYHOLDER REQUIRING A WAIVER OF SUBROGATION FOR WORKERS COMPENSATION COVERAGE OF THE POLICYHOLDERS EMPLOYEES. 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 4/8/2023 - 4/8/2024 Effective Policy No. WZDD787789 Endorsement No. Insured Premium Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. Page 224 of 270 w/o'_ CONTRACT & AGREEMENT ROUTING FORM crrr or• colj c Is 3rjrc0_N CONTRACT#: 23300656 PROJECT #: PK2307 BID/RFP/RFQ#: RFQ23-013 Project Name / Contract Description: Mabel Clare Thomas Park Improvements Name of Contractor: The Broussard Group, Inc. dba TBG Partners (TBG) CONTRACT TOTAL VALUE: $ 949,820.00 Grant Funded Yes ❑ No ❑■ If yes, what is the grant number:) Debarment Check ❑ Yes ❑ No 0 N/A Davis Bacon Wages Used ❑ Yes ❑ NoN N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A Buy America Required ❑ Yes ❑ No* N/A Transparency Report ❑ Yes ❑ No ❑E N/A ❑E 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) PK2307 - Design 41389971-6560 Reimbursables for this project $65,000 (If required) * CRC Approval Date*: 12/19/24 Council Approval Date*: 01 /23/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: n/a Performance Bond: n/a Payment Bond: n/a Info Tech: n/a SIGNATURES RECOMMENDING APPROVAL 1In . DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER n/a MAYOR (if applicable) n/a CITY SECRETARY (if applicable) 1/17/2025 DATE DATE DATE DATE DATE DATE 9.12.23 UPDATED Page 225 of 270 CITY OF COLLEGE STATION Home of TexasA&M University' December 12, 2024 Attn: Meade Mitchell 3232 E. Cesar Chavez Building 1 Ste 100 Austin, TX 78702 RE: Contract No. 23300656, Mabel Clare Thomas Park Improvements (RFQ 23-013) ("Contract") — Amendment No. 1 Dear Mr. Meade Mitchell, The City of College Station ("City") and The Broussard Group, Inc. dba TBG Partners (TBG) (collectively the "parties") agree to make certain changes to the above -referenced Contract to prepare and develop the site design and implementation for the Mabel Clare Thomas Park Improvements (the "Amendment"), as shown in TBG's revised "Proposal for Professional Design Services", dated November 20, 2024, and attached as Attachment "A" to this Amendment. The original authorization to commence design/notice to proceed was given by the City to TBG on August 22, 2023. The City will issue a second authorization to commence design/notice to proceed for the work covered by this Amendment, once this Amendment is authorized and executed by the parties. The parties have negotiated and agree that additional design work, site development and implementation are need. The parties have negotiated an updated fee of Nine Hundred Forty-nine Thousand Eight Hundred Twenty ($949,820), of this Sixty -Five Thousand ($65,000) will be for reimbursement expenses. The parties hereby agree to amend the following sections of the Contract as follows: A. Article II (Payment), Section 2.01. The dollar amount listed in this Section 2.01 is amended from "Sixty -Seven Thousand Five Hundred ($67,500.00)" to "Nine Hundred Forty-nine Thousand Eight Hundred Twenty ($949,820) of this Sixty -Five Thousand ($65,000) will be for reimbursement expenses". B. Article III (Time of Performance and Construction Cost), Section 3.01. subpart (a-c) of the Contract is amended in its entirety to read as follows: 3.01(a) Conceptual Design: 22 Weeks after the second authorization to commence design/notice to proceed is issued. Page 226 of 270 (*0Fq" CITY OF COLLEGE STATION Home of Texas Ae'rM University® 3.01(b) Final Design: 18 Weeks after the second authorization to commence design/notice to proceed is issued. 3.01(c) Delivery of Task 6, 7 and 8: 56 Weeks after the second authorization to commence design/notice to proceed is issued. C. Article III (Time of Performance and Construction Cost), Section 3.02 of the Contract is amended in its entirety to read as follows: 3.02 All design work and other professional services provided under this Contract must be completed by the following date: 96 Weeks after the second authorization to commence design/notice to proceed is issued. D. List of Exhibits. The List of Exhibits contained in the Contract is amended by adding a new Exhibit "D" "Additional Scope of Services" which shall consist of TBG's revised "Proposal for Professional Design Services" dated November 20, 2024. Both parties agree that all other terms and conditions as set forth in the Contract remain unchanged. By signature below, both parties indicate their written mutual acceptance of this amendment in accordance with the terms of the Contract. List of Attachments: Attachment "A" — New Exhibit to Contract (Exhibit "D " "Additional Scope of Services') AGREED: THE BROUSSARD GROUP, INC. DBA TBG PARTNERS (TBG) By:ht, u1, Printed Name: Meade Mitchell Title: Principal Date: 1/17/202 5 CITY OF COLLEGE STATION By: City Manager Date: APPROVED: City Attorney Date: Assistant City Manager/CFO Fiscal Services P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 TEL. 979.764.3555 • FAX. 979.764.3899 cstx.gov Page 227 of 270 Date: (*0Fq" CITY OF COLLEGE STATION wow 00 Home of Texas A&M University® Attachment "A" New Exhibit to Contract (Exhibit "D " "Additional Scope of Services ") Fiscal Services P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 TEL. 979.764.3555 • FAX. 979.764.3899 cstx.gov Page 228 of 270 veoo, 10/31 /24 T B G Rev 2 11 /20/24 Rusty Warncke Project Manager, Capital Projects City of College Station I cstx.ciov P.O. Box 9960 1 College Station, TX 77842-9960 Desk: 979-764-3731 1 Main: 979-764-3500 Proposal for Professional Design Services Client: City of College Station Project Name: Mabel Clare Thomas Park Redevelopment Project Location: 1300 James Parkway, College Station, TX TBG Project Number: H23163 Dear Mr. Warncke The Broussard Group, Inc. dba TBG Partners (TBG) is pleased to submit this Proposal for Professional Design Services (the Proposal) for the above referenced Project. TBG will work in collaboration with your team of professional consultants (the Design Team) to achieve your overall Project goals. Once executed, the Proposal with attached Terms and Conditions, incorporated herein by reference, will serve as the parties' agreement for TBG's Scope of Services for the Project (the Agreement). We look forward to the opportunity of working with you. Please do not hesitate to call if you have any questions or need additional information. Sincerely, 1416AZ��( Meade Mitchell PLA Principal TBG 1333 west loop south suite 1450 houston, texas 77027 [7131 439 0027 tbgpartners.com Page 229 of 270 2 Mabel Clare Thomas Park Full Services 11/20/2024 The Project The purpose of this project is to enhance Mabel Clare Thomas Park, located at 1300 James Parkway, and maintain its existing charter. Improvements include a new pavilion and restroom, historical/ memorial elements, additional lighting, shade areas, and unique playscapes/recreational elements for a wide range of ages. TBG and the Design Team will prepare and develop the site design and implementation documents. The Project consists of adding amenities and improving existing amenities to include, but not limited to: 01_ Improving of trail and pedestrian circulation throughout the park 02_ Improve and add unique play areas for a wide range of play types and age ranges 03_ Rede existing drainage way to create a natural area for exploration and provide native habitat. 04_ Design a pavilion and restroom building to serve the park spaces 05_ Design resurfacing for the basketball and tennis court areas 06_ Provide interpretive sign The consultant team consists of professional services from the following: 01_ Landscape Architecture services a. Design of the park amenities and pedestrian circulation b. Design of the planting 02 Architecture services a. Design of pavilion and restroom building 03_ Civil Engineering services a. Site/grading plans for drainage 04_ Structural Engineering services a. Provide foundation design b. Specification and design for pavilion and restroom building 05_ Geotechnical Engineering services a. Earthwork requirements for foundation b. Foundation recommendations 06_ Mechanical Electrical Plumbing Services a. Site electrical b. Pavilion Building electrical 07_ Ecological services 08 Construction Contractor Preconstruction Cost estimation Services Reference Exhibit 'A' below for our understanding of the current program and site (prepared by [if credit is needed, insert name of engineer or architect here]) which serves as the basis for this Proposal. In the event that the Project scope changes significantly from Exhibit 'A', TBG reserves the right to revise the Scope of Services and associated fee allocations to align with the scope modifications. Page 230 of 270 3 Mabel Clare Thomas Park Full Services 11/20/2024 Exhibit'A' ICED Copt D—Ie p—nt TBG ...,.,,.� Plan(s) shown above represents our best understanding of the scope and extent of the Project at the time of preparing this Proposal. Substantive changes may require consideration of Additional Services. Scope of Services TBG will provide this Scope of Services based on the Proposal Assumptions that follow. Additional Services may be available, per the terms described later in the Agreement. TBG's design process divides the Scope of Services into three distinct phases: Discovery, Development, and Delivery. By adhering to these three phases in our design process, projects move seamlessly from an idea to implementation. Conceptual Design Phase To research, analyze and understand the site context as well as programmatic opportunities and constraints. Critical tasks within Discovery include: — Task One: Site Inventory and Analysis — Task Two: Program Confirmation — Task Three: Schematic Design Final Design Phase To develop the Project vision and craft its form and function, from design through documentation, including these ongoing tasks: — Task Four: Design Development — Task Five: Construction Documentation Page 231 of 270 4 Mabel Clare Thomas Park Full Services 11/20/2024 Bid Preparation and Evaluation Phase To consult in the implementation of the Project's vision through the construction phase, ensuring compliance with the intent of the overall design and its accompanying story. Tasks include: — Task Six: Bidding and Negotiation Assistance — Task Seven: Pre -Construction — Task Eight: Construction Observation Conceptual Design Phase Task One Site inventory and Analysis Description of Services TBG will work with the Project team to understand more thoroughly the constraints and requirements of the existing site amenities and conditions. The Project team will use the established Concept design to focus some more discovery towards the development areas planned in the approved Concept. Survey of existing site and an understanding of the overall health of the existing trees will be established. Efforts within this task may include: - Tree health review - Site survey - Drainage/ Detention analysis requirements - Sport court and sport fencing assessment - Coordinating with adjacent roadway improvements project adjacent to the park Deliverables — Site Survey Task Two Program Confirmation Description of Services Design team will review the additional discovery information assembled and compare the approved Concept Design Program will function and preform as intended in the concept phase. Design Team with consultation from the City will determine the beast Program for the park with a focus on critical social, environmental and economic performance expectations for the Project. TBG will assess with the Design Team optimum approach for landscape/open space/spatial amenities and site elements. Deliverables — Program inventory, including additional recommendations, to respond to performance assessment — Project comp assessment, including evaluation of other developments of a similar nature and context Task Three Schematic Design Page 232 of 270 Mabel Clare Thomas Park Full Services 11/20/2024 Description of Services TBG will develop a schematic design package for the Project, accommodating the program based on the advancement of the approved Concept Design to take into account the additional information from City and stakeholder feedback, in-depth analysis of specific site constraints, and adjusted program requirements developed in the previous phase. Schematic design will provide the complete design solution for the entire park. This task will result in the solution for site program, the program arrangement and buildablility within the constraints of the park. Deliverables — Overall color -rendered schematic design plan — Image boards to communicate character, look and feel for proposed design themes, materials, finishes and uses/activities — Illustrative sections/elevations to convey design intent — Schematic design grading plan for site limits of work, to be coordinated with team civil engineer — Preliminary construction budgets, in coordination with the Design Team cost estimation consultant — Production and issuance 100% SD package with associated cost projections at 100% set — Up to three (3) perspectives — We have assumed one (1) meetings in College Station, Tx during this task. Final Design Phase Task Four Design Development Description of Services TBG will work with the Client and consultant team to further develop the design concepts for the Project based on Client and Design Team review and comment to the schematic design package and associated project budgets. This task will serve to finalize the site plan and selection of materials for the Project. It is intended that the DD documents will be advanced to the level that allows the City to understand the overall project materials, products and detail design solutions. The project scope and cost will be finalized to a complete level. Deliverables — Plan enlargements, sketches, sections, elevations and material images to communicate design direction and intent — Image compilation and presentation of recommended materials selections (to communicate design intent, character, mood, look and feel), including hardscape, softscape and landscape elements — Production and issuance of a 50% DD package and 100% DD package. Set will be issued to the City. Page 233 of 270 6 Mabel Clare Thomas Park Full Services 11/20/2024 — Cost estimates will be refined to determine a complete and overall budget for construction — We have assumed one (1) meetings in College Station, Tx during this task Task Five Construction Documentation Description of Services TBG will prepare construction drawings and specifications to properly describe the scope of the Project. These documents will be suitable for review and for competitive bidding purposes. Deliverables — Plan layout of all site hardscape, planting, irrigation and site amenities. — Detailing that supports the hardscape, planting, irrigation and landscape/pedestrian design. This work will be coordinated with the Client's design consultant team as required. — Final grading coordination based on Design Team civil engineer's and architect's established grades for the site. — TBG will prepare technical specifications to describe the quality of craftsmanship and materials for the Project. — TBG will submit a 60% and 90% progress review set of the construction document package for the Client's review and comment prior to final submission of the Issue for Bid and/or Issue for Construction Sets — We have assumed up to two (2) meetings in College Station, Tx during this task. Page 234 of 270 Mabel Clare Thomas Park Full Services 11/20/2024 Bid Preparation and Evaluation Phase Task Six Bidding and Negotiation Assistance Description of Services TBG will work with the Contractor and Design Team to issue supplemental instructions and clarifications as needed during this task. We will also assist the Client and Contractor in reviewing bid tabulations and make recommendations regarding qualified subcontractors. TBG will provide the following services during this task: — Respond to questions during the bidding and/or contract negotiations Deliverables — Clarification of addenda and/or supplemental drawings as required — Attendance at one (1) pre -bid meeting — Meeting with the Client and Design Team to review and comment on bid tabulations and Contractor recommendations — maximum of one (1) meeting Task Seven Pre -Construction Description of Services TBG will review, mark-up and return submittals, shop drawings and RFI's related to landscape scope for the above -mentioned site/project elements. Included within this scope will be: — Attend construction meetings and visit the site with the Design Team (to the extent noted below) — Review submittals and RFIs — Attend nursery visits for tree/plant selection - maximum of one (1) visit Deliverables — For the scope of this Proposal, we have allocated a maximum of six (6) meetings with the Design Team to coordinate outstanding items — Review and prepare responses to Contractor RFIs. — Review, mark-up and return of shop drawings and submittals Task Eight Construction Observation Description of Services TBG will visit the site during construction and be present for the Client's meetings as indicated below. We will observe the work of the Contractor to generally determine performance and quality of the construction as related to the intent of the construction documents and specifications. We will observe grading, hardscape, planting and soil placement as well as irrigation installation. TBG will assist in the determination of the Contractor's substantial completion and prepare a punch list initiating the contractor's maintenance and warranty obligation. Included within this scope will be: Page 235 of 270 Mabel Clare Thomas Park Full Services 11/20/2024 — Attend construction meetings and visit the site with the Design Team (to the extent noted below) Deliverables — For the scope of this proposal, we have allocated a maximum of twelve (12) construction meetings / site visits — Provide field reports based on site observations Proposal Assumptions TBG's Proposal assumes and is contingent upon the following: — Client shall provide the following information or services as required for performance of the work. TBG assumes no responsibility for the accuracy of such information or services and will not be liable for errors or omissions therein or the effect of same on TBG's work. Should TBG be required to obtain or compile this information, such services will be charged as Additional Services. Legal descriptions of property _ Traffic Impact Analysis _ Topography and boundary surveys Existing engineering and utility base information ACAD preparation of approved concept. Fees will be proposed upon Client's request. — TBG understands that the Project will be delivered as one (1) construction document package. Client understands and agrees that division of documents into multiple phases or releases will result in compensation for additional services. — TBG understands that this project will be developed and delivered within an AutoCAD format and platform. Additional formats, such as Revit, can be provided for additional services. If Revit is the required format, the client must notify TBG prior to the Project entering the Design Development phase of services. — This proposal includes design fees for [example: irrigation design based on water supply from a domestic city source]. — TBG will not provide irrigation design and documentation for systems supplied by reclaimed or auxiliary water systems, e.g. well water, rainwater/condensate harvesting, and Type 1 reclaimed water. — TBG will coordinate with Client's other consultants in the design team, to the extent their scope of work relates to the landscape architectural design elements within the Project. No fees for these consultants have been included in Scope of Services. As schematic design and design development progress, we will make recommendations for additional sub -consultants, as needed, at an additional fee. — The following engineering tasks are not included in our Scope of Services: Aquatic, MEP, or structural services associated w/ swimming pools or fountain features. These services are the responsibility of the contractor and will only be reviewed by TBG for design intent during construction Page 236 of 270 Mabel Clare Thomas Park Full Services 11/20/2024 — Rough grading and storm drainage systems will be designed and documented by Client's civil engineer, including utility rough ins, and site area drainage maps. TBG will coordinate with this consultant for its design requirements. — Client's architect will lead and manage the building permits submittal and may include documentation or designs by TBG for the site and terrace amenity development. — Although no rooftop amenities are included in this proposal at this time, any waterproofing, drainage mat, and storm drainage systems will be designed, documented and specified by Client's architect or engineer. Rooftop amenities such as green roofs, roof gardens, rooftop pools or rooftop terraces may be added with an Additional Service, at which time, TBG will coordinate with these consultants as needed. — Client will provide surveys, record drawings, and geotechnical and other investigations that TBG may request to execute the work properly. — Client will review and provide comments on drawings and outline criteria provided by TBG. — TBG will not provide as -built documentation. — TBG will not participate in zoning efforts. — TBG may provide LEED documentation only as Additional Services. — TBG shall not be required to sign any documents that would result in its having to certify, guaranty, or warrant the existence of conditions that it cannot independently ascertain. Page 237 of 270 10 Mabel Clare Thomas Park Full Services 11/20/2024 Budget TBG will work with the Client's Contractor and/or construction manager (CM) in preparing and managing the development budget related to TBG's work, starting at schematic design. TBG will only proceed with each subsequent task of service upon receipt of Client's authorization, based upon design documents and contractor/CM prepared budget. TBG will maintain conformance of all documents with the budget within each task of service. TBG has assumed a landscape construction budget of $5,940,000 for the Scope of Services identified above. Should the budget be reduced or increased in excess of 10% between the time of completion of schematic design and construction documents, TBG will be entitled to compensation for the Additional Services involved. Drive $2,000,000.0� RED Concept development Landscape Construction Budget Assumptions Landscape Type 01_ North Francis Gen. Improvements 02_ South Francis Gen. Improvements 03_ Unique Play Area 04_Nature Exploration Zone 05_Sport Court Improvement 06 Architecture Landscape Cost 640,000 2,000,000 1,200,000 600,000 200,000 1,300,000 Total Park Cost $5,940,000 Page 238 of 270 11 Mabel Clare Thomas Park Full Services 11/20/2024 Schedule Services described herein are contingent upon schedule requirements provided by the Client or assumed by TBG. Following are specific assumptions contained herein that are the basis for fees and services proposed. Any changes to the assumptions provided will require written acknowledgement and approval of the Client and TBG prior to proceeding. Should the Project schedule change or modify after contract authorization, the Project will be subject to Additional Services. Significant deviations, delays or pauses to the schedule may also be grounds for Additional Services. Schedule Assumptions Task Description Time Units Discovery Task One Site Inventory and Analysis 2 Weeks Task Two Program Assessment and Analysis 2 Weeks Task Three Schematic Design 4 Weeks Development Task Four Design Development 14 Weeks Task Five Construction Documents 18 Weeks Delivery Task Six Bidding and Negotiation Assistance 4 Weeks Task Seven Pre -Construction Services Weeks Task Eight Construction Observation 52 Weeks Total TBG Time 96 Weeks Page 239 of 270 12 Mabel Clare Thomas Park Full Services 11/20/2024 Fees for Professional Services Each task has been written on a fee basis as noted below. The fee for this basic Scope of Services will be billed monthly: Task Description Fee Fee Basis Concept Design $ 186,832 Lump Sum Task One Site Inventory and Analysis $ Included above Task Two Program Assessment and Analysis $ Included Task Three Schematic Design $ above Final Design Task Four Design Development $ 219,915 Lump Sum Task Five Construction Documents $ 360,750 Lump Sum Delivery Task Six Bidding and Negotiation Assistance $ 12,582 Lump Sum Task Seven Pre -Construction Services $ 26,549 Lump Sum Task Eight Construction Observation $ 78,192 Lump Sum TBG Scope of Services Total Fees $ 884,820 Lump Sum NTE Note: The Total TBG Scope of Services fee includes fees for landscape architectural, architecture, civil engineering, structural engineering, MEP engineering, ecological services, geotechnical engineering, construction cost consulting and irrigation design services only. This proposal excludes any and all state and local taxes associated with the project site. Any such taxes required by law will be added to the project fee. Page 240 of 270 13 Mabel Clare Thomas Park Full Services 11/20/2024 Fees for Additional Services Additional Services not covered by the Scope of Services outlined above, but requested in writing by the Client, will be billed on an hourly basis, unless otherwise agreed. Fees for other sub -consultants, such as referenced in Proposal Assumptions, including architectural, structural, MEP or civil engineering, are not included in the Total TBG Scope of Services Fee. TBG Hourly Rates Level Hourly Rate Staff 1 $ 70-115 Staff 2 $ 120-145 Staff 3 $ 150-175 Staff 4 $ 180-220 Staff 5 $ 225-240 Staff 6 $ 250-275 Reimbursables The project reimbursables would be estimated to be a sum of $65,000. The following costs shall be reimbursed at cost plus ten percent and are not included in the fee for professional services: — Cost of copies for drawings, specifications, reports, cost estimates, xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract — Cost of digital scanning — Cost of printing for small and large format plots furnished or prepared in connection with the work of this contract — Travel associated with the Project, including, but not limited to, mileage (current IRS rate), airfare, automobile rental, hotel and meals — Cost of postage, shipping and delivery expenses other than first class mail — Cost of models, special renderings, promotional photography, special process printing, document mounting, special equipment, special printed reports or publications, maps and documents approved in advance by the Client — Photographic services and processing: drone aerial flights, drone insurance, videos and still photos — Cost for bid advertisement(s) Page 241 of 270 14 Mabel Clare Thomas Park Full Services 11/20/2024 Additional Fees — Technology Fee - This fee is a partial offset to the significant and increasing costs of delivering our service to clients through technology as well as maintaining an ever more secure and resilient technology platform to mitigate growing data risks — TAS Plan Review and Inspection Cost — Certified Playground Safety Inspector (CPSI) Review and Inspection Cost. — Fees for additional consultants retained with the approval of Client If the Proposal, fee of $884,820and the Terms and Conditions that follow, which are incorporated herein by reference, meet with your approval, please sign below and return a copy to TBG for our files. TBG must receive a signed copy of the Agreement in order to proceed with the Scope of Services. APPROVED and agreed: 49 /�W� Meade Mitchell PLA Principal APPROVED and agreed BY Authorized Agent The Broussard Group, Inc. City of College Station 11 /20/2024 Date DATE The Texas Board of Architectural Examiners, 505 E. Huntland Dr., Ste. 350, Austin, Texas 78752, telephone [512] 305 9000, has jurisdiction over individuals licensed under the Architects Registration Law, Article 249.a, and the Landscape Architects Registration Law, Article 249.c, Vernon's Texas Civil Statutes. Proposal copyright 02024 by TBG Partners. No portion of this proposal may be copied or distributed without the written permission of TBG Partners. Page 242 of 270 Mabel Clare Thomas Park College Station, Texas TBG Partners- Landscape Architecture/ Prime Consultant 11 /20/2024 TASK DESCRIPTION Concept Desiqn Phase Inventory and analysis Program Assessment and Analysis Schematic Design TOTAL HOURS CONTRACT RATE PER HOUR LABOR COSTS SUB -TOTALS Final Design Phase Design Development Construction Documents TOTAL HOURS CONTRACT RATE PER HOUR LABOR COSTS SUB -TOTALS Bid Preparation and Evaluation Phase Bidding and Negotiation Assistance Pre -Construction Services Construction Observation TOTAL HOURS CONTRACT RATE PER HOUR LABOR COSTS SUB -TOTALS N cQ N N W O IV v O STAFF 6 STAFFS STAFF 4 STAFF 3 STAFF 2 STAFF 1 TOTAL LABOR HRS. $251 $235.00 $200.00 $165.00 $135.00 $101 & COSTS 5 4 5 0 10 15 39 5 2 5 0 10 15 37 20 8 30 80 100 238 30 14 40 0 100 130 314 $250.00 $235.00 $200.00 $165.00 $135.00 $100.00 $7,500.00 $3,290.00 $8,000.00 $0.00 $13,500.00 $13,000.00 $45,290.00 60 24 90 0 176 200 550 135 28 270 0 350 450 1233 195 52 360 0 526 650 1783 $250.00 $235.00 $200.00 $165.00 $135.00 $100.00 $48,750.00 $12,220.00 $72,000.00 $0.00 $71,010.00 $65,000.00 $268,980.00 4 0 4 0 3 4 15 20 0 20 0 30 35 105 30 0 30 0 50 70 180 54 0 54 0 83 109 300 $250.00 $235.00 $200.00 $165.00 $135.00 $100.00 $13,500.00 $0.00 $10,800.00 $0.00 $11,205.00 $10,900.00 $46,405.00 Mabel Clare Thomas Park College Station, Texas Mitchell & Morgan, LLP 11/20/2024 TASK DESCRIPTION PRINCIPAL SENIORPE SENIORPE JUNIOR PE PROJECTMGR EIT ADMIN SUPPORT STAFF LABOR TOTAL & COSTS $185.00 $140.00 $140.00 $100.00 $90.00 $80.00 $65.00 $65.00 Concept Design Phase Inventory and analysis 20 18 18 8 10 0 5 10 89 Program Assessment and Analysis 8 18 12 0 10 0 0 48 Schematic Design 35 34 42 6 20 20 10 10 177 55 60 78 26 30 30 15 20 314 TOTAL HOURS CONTRACT RATE PER HOUR $185.00 $140.00 $140.00 $100.00 $90.00 $80.00 $65.00 $65.00 LABOR COSTS SUB -TOTALS $10,175.00 $8,400.00 $10,920.00 $2,600.00 $2,700.00 $2,400.00 $975.00 $1,300.00 $39,470.00 $3,947.00 Final Design Phase Design Development 40 90 120 26 42 42 10 10 360 Construction Documents 70 120 100 40 130 130 20 20 590 TOTAL HOURS 110 210 220 66 172 172 30 30 950 CONTRACT RATE PER HOUR $185.00 $140.00 $140.00 $100.00 $90.00 $80.00 $65.00 $65.00 LABOR COSTS SUB -TOTALS $20,350.00 $29,400.00 $30,800.00 $6,600.00 $15,480.00 $13,760.00 $1,950.00 $1,950.00 $120,290.00 Management Fee $12,029.00 Bid Preparation and Evaluation Phase Bidding and Negotiation Assistance 12 0 0 15 0 0 5 5 37 Pre -Construction Services 10 0 35 8 0 0 0 10 63 Construction Observation 20 0 35 0 0 0 10 10 75 TOTAL HOURS 42 0 70 23 0 0 15 25 135 CONTRACT RATE PER HOUR $185.00 $140.00 $140.00 $100.00 $90.00 $80.00 $65.00 565.00 LABOR COSTS SUB -TOTALS $7,770.00 $0.00 $9,800.00 $2,300.00 $0.00 $0.00 $975.00 $1,625.00 $22,470.00 Management Fee $2,247.00 TOTAL • ' 1 I 1 1 cn CD N O IV 4 O Mabel Clare Thomas Park College Station, Texas Biohabitats 11/20/2024 TASK DESCRIPTION CB MLIJC JN/SS CH SS/ED HH $245.00 $235.00 $190.00 $140.00 $140.00 $125.00 LABOR HRS. x. rncrc Concept Design Phase Inventory and analysis 1 31 4 36 61 9 142 Program Assessment and Analysis 0 0 0 0 0 0 0 Schematic Design 0 32 4 37 65 4 142 TOTAL HOURS 1 63 8 73 126 13 284 CONTRACT RATE PER HOUR $245.00 $235.00 $190.00 $140.00 $140.00 $125.00 LABOR COSTS SUB -TOTALS $245.00 $14,805.00 $1,520.00 $10,220.00 $17,640.00 $1,625.00 $46,055.00 Mana ement Fee $4,605.50 FinaDesign Phase Design Development 0 38 5 49 83 2 177 Construction Documents 0 34 2 9 23 0 68 TOTAL HOURS 0 72 7 58 106 2 245 CONTRACT RATE PER HOUR $245.00 $235.00 $190.00 $140.00 $140.00 $125.00 LABOR COSTS SUB -TOTALS $0.00 $16,920.00 $1,330.00 $8,120.00 $14,840.00 $250.00 $41,460.00 Management Fee $4,146.00 Bid Preparation and Evaluation Phase Bidding and Negotiation Assistance 0 6 0 8 10 0 24 Pre -Construction Services 0 4 0 4 6 0 14 Construction Observation 0 41 0 35 39 0 115 TOTAL HOURS 0 51 0 47 55 0 153 CONTRACT RATE PER HOUR $245.00 S235.00 $190.00 $140.00 $140.00 S125.00 LABOR COSTS SUB -TOTALS $0.00 $11,985.00 $0.00 $6,580.00 $7,700.00 $0.00 $26,265.00 Management Fee $2,627.50 TOTAL• •' $125,159.00 N (Q N N V1 O IV 4 O Mabel Clare Thomas Park College Station, Texas Studio Red Architects 11 /20/2024 TASK DESCRIPTION PRINCIPAL IN I PROJECT PROJECT STAFF 1 CONSULTANT N/A TOTAL CHARGE I MANAGER ARCHITECT S LABOR HRS. $220.00 $150.00 $150.00 $100.00 $0.1 $100.00 & COSTS Concept Desiqn Phase ■ Inventory and analysis 0 0 0 0 0 0 0 Program Assessment and Analysis 0 0 0 0 0 0 0 Schematic Design 5 20 89 97 0 0 211 TOTAL HOURS 5 20 89 97 0 0 211 CONTRACT RATE PER HOUR $220.00 $150.00 $150.00 $100.00 $0.00 $100.00 LABOR COSTS SUB -TOTALS $1,100.00 $3,000.00 $13,350.00 $9,700.00 $6,000.00 $0.00 $33,150.00 Man ement Fee $3,315.00 ina Fl Design Phase • Design Development 5 20 89 97 0 0 211 Construction Documents 10 40 178 194 0 0 422 TOTAL HOURS 15 60 267 291 0 0 633 CONTRACT RATE PER HOUR $220.00 $150.00 $150.00 $100.00 $0.00 $100.00 LABOR COSTS SUB -TOTALS $3,300.00 $9,000.00 $40,050.00 $29,100.00 $18,000.00 $0.00 $99,450.00 Management Fee $9,945.00 Bid Preparation and Evaluation Phase Bidding and Negotiation Assistance 1 8 18 0 0 0 0 Pre -Construction Services 0 0 0 0 0 0 0 Construction Observation 6 30 100 22.1 0 0 0 TOTAL HOURS 7 38 118 22 0 0 185 CONTRACT RATE PER HOUR $220.00 $150.00 $150.00 $100.00 $0.00 $100.00 LABOR COSTS SUB -TOTALS $1,540.00 $5,700.00 $17,700.00 $2,210.00 $6,000.00 $0.00 $33,150.00 Management Fee $3,315.00 TOTAL• RED ARCHITECTS LABOR $182,325.00 N cQ N N O� O IV v CD Mabel Clare Thomas Park College Station, Texas Fourney Construction- Cost Consulting 11 /20/2024 STAFF 6 I STAFF 5 STAFF 4 STAFF 3 STAFF 2 STAFF 1 TASK DESCRIPTION I LABOR HRS. $250.00 1 $235.00 $200.00 $165.00 $135.00 $100.00 P. ran Concept Desiqn Phase Inventory and analysis 0 0 0 0 0 0 0 Program Assessment and Analysis 0 0 0 0 0 0 0 Schematic Design 8 5 0 5 0 0 18 TOTAL HOURS 8 5 0 5 0 0 18 CONTRACT RATE PER HOUR $250.00 $235.00 $200.00 $165.00 $135.00 $100.00 LABOR COSTS SUB -TOTALS $2,000.00 $1,175.00 $0.00 $825.00 $0.00 $0.00 $4,000.00 10% Management Fee $400.00 Final Design Phase Design Development 8 5 0 5 0 0 18 Construction Documents 10 11 0 10 0 0 31 TOTAL HOURS 18 16 0 15 0 0 49 CONTRACT RATE PER HOUR $250.00 $235.00 $200.00 $165.00 $135.00 $100.00 LABOR COSTS SUB -TOTALS $4,500.00 $3,760.00 $0.00 $2,475.00 $0.00 $0.00 $10,735.00 Management Fee $1,073.00 Bid Preparation and Evaluation Phase Bidding and Negotiation Assistance 0 0 0 0 0 0 0 Pre -Construction Services 0 0 0 0 0 0 0 Construction Observation 0 0 0 0 0 0 0 TOTAL HOURS 0 0 0 0 0 0 0 CONTRACT RATE PER HOUR $250.00 $235.00 $200.00 $165.00 $135.00 $100.00 LABOR COSTS SUB -TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Management Fee $0.00 TOTAL• •' $16,208.00 N c10 N N v O IV v CD January 23, 2025 Item No. 9.5. Texas Independence Ballpark Construction Contract Closeout Change Order Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a deductive closeout change order with Vaughn Construction for $10,960,655.48 for the cancelled construction contract on the Texas Independence Ballpark project. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: This is the closeout change order for the remainder of the construction contract with Vaughn Construction since this project was cancelled. Budget & Financial Summary: A budget of $16,300,000 is included in the Parks and Recreation Capital Improvement Projects Fund. A total of $7,082,778 has been expended to date. The proposed deductive change order will reduce the committed amount by $10,960,655.48. Attachments: 1. TIBP Vaughn Closeout Change Order Page 248 of 270 CHANGE ORDER NO.8 DATE: November 12, 2024 Contract No. 23300022 PO No.23200242 PROJECT: HM-1607 Texas Independence Ballpark Bid No.: CSP 22-067 OWNER: CONTRACTOR: City of College Station J.T. Vaughn Construction, LLC P.O. Box 9960 10355 West Park Dr Ph: College Station, Texas 77842 Houston TX 77042 Fax: PURPOSE OF THIS CHANGE ORDER: A. Close out Change Order with Vaughn Construction for the remaining balance on the Purchase Order. B. C. ITEM UNIT ORIGINAL REVISED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY I 1 LS Remaining Balance on PO after cancelling project. ($10,960,655.48) 0 1 I 2 0 0 I 3 0 0 I 4 0 0 I TOTAL i I THE NET AFFECT OF THIS CHANGE ORDER IS 0.36% INCREASE. LINES 1-17(41389971-6561) ($10,960,655.48) TOTAL CHANGE ORDER (10,960,655.48) ORIGINAL CONTRACT AMOUNT $16,631,810.48 CHANGE ORDER NO. 1 $60,360.00 CHANGE ORDER NO. 2 ($10,960,655.48) REVISED CONTRACT AMOUNT $5,731,515.00 ORIGINAL CONTRACT TIME 327 Days Time Extension No. 1 0 Days Time Extension No. 2 117 Days Time Extension No. 3 161 Days Time Extension No 4 0 Days Time Extension No. 5 41 Days Time Extension No. 6 0 Days Time Extension No. 7 0 Days Time Extension No. 8 0 Days Revised Contract Time 646 Days SUBSTANTIAL COMPLETION DATE 18-Oct-23 REVISED SUBSTANTIAL COMPLETION DATE 2-Sep-24 APPROVED a I �wtA.S A!*RACTOR 12/12/2024CONSTRUCTION I Date CITY ATTORNEY 12/12/2024 (r t. PROJE T MANAGER Date CITY MANAGER IMAA —r ��v" 12/12/2024 DEPARTMEN DIRECTOR Date CITY MANAGER ADDED COST ($10, 960, 655.48) I $0.00 I $0.00 I $0.00 I ($10, 960, 655.48) I i I i 12/12/2024 Date 12/12/2024 Date Date Page 249 of 270 INVOICE Invoice No.: 303801-024 RET Date: 10/31 /2024 NET 30 To: Rusty Warnke City of College Station PO Box 9960 College Station, TX 77842 Project: CoCS - Texas Independence Ballpark at Midtown COCS PO No. 23200242-00 Vaughn Project No.: 3038-01 Item Description 1. Total Completed and Stored to Date 2. 5% Retainage 3. Total Earned Less Retainage 4. Less Previous Certificates for Payment Please remit payment to: Vaughn Construction 10355 Westpark Drive Houston, TX 77042 Payment is due within 30 days If you have any questions concerning this invoice, please contact: Josh Saldivar 713-252-2837 jsaidivar@vaughnconstruction.com VaughnConstruction,com VAUGUN C G N S T N U C T I U N 10355 Westpark Drive Houston, Texas 77042-5312 Telephone: (713)243-8300 Facsimile: (713)243-8350 Amount $5,731,504 $0 $5,731,504 $5.444.929 Total Amount Due: $286,575 Page 250 of 270 APPLICATION AND CERTIFICATE FOR PAYMENT Rusty Warnke To: City of College Station PO Box 9960 College Station, TX 77842 COCS PO No. 23200242-00 CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Total of Changes Approved in previous months by Owner Approved this Month Number Date Approved 1 4/24/2023 2 ADDITIONS DEDUCTIONS $0.00 $33,360.00 -$1 U,933,666.UU TOTAL-10,900,306.00 O.Uo Net Change by Change Orders-$10,900,3 6.00 The undersigned Contractor certifies that to the best of his knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: J.T. VAUGHN CONSTRUCTION LLC. ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site observations and the data comprising the above application, the Architect certifies to the Owner that the Work has progressed to the point indicated; that to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents; and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. Project : CoCS - Texas Independence Ballpark at Midto Contract For : General Construction J.T. Vaughn Construction LLC. 10355 Westpark Houston, Texas 77042 Invoice No.: 303801-024 PERIOD FROM: 10/1/2024 TO: 10/31 /2024 Vaughn Project No.: 3038-01 Application is made for Payment, as shown below, in connection with the agreement. Continuation Sheet is Attached. The present status of the account for this agreement is as follows ORIGINAL CONTRACT SUM $16,631,810 NET CHANGE BY OCOs-$10,900,306 CONTRACT SUM TO DATE $5,731,504 TOTAL COMPLETED AND STORED TO DATE $5,731,504 RETAINAGE $0 TOTAL EARNED LESS RETAINAGE $5,731,504 LESS PREVIOUS CERTIFICATES FOR PAYMENT $5,444,929 CURRENT PAYMENT DUE $286,575 Jan Robertson�� t Notary Public 7 STATE OF TEXAS t ■ Notary ID# 10842494 i State of :Texas County of osJ31 v ley C°mm'E�av'— — - � Subscribed and sworn to before me this f day of ' , 20— V AMOUNT CERTIFIED (Attach explanation if amount certified differs from the amount applied for.) ARCHITECT: N/A By: Date : This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Page 2 of 17 Page 251 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, containinc Contractor's signed Certification is attached In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply A - B DESCRIPTION OF WORK bl IF, VW URK Site Prep, Clearing, and Grubbing (fields 1-4. perking and detention; S Excavation (cut) S Embankment (GllI S Temporary Sediment Control Fence (Install $ Temporary Sediment Control Fence (Remove. $ Stahllixed Construdion Entrance (IY•1) (Install 5 StabiI Lzed COnstrucGon Entrance (Remove $ Concrete Washout $ Install, Maintaln, and Remove Sloum Water Pollullon Prevention Plar $ Wet Protection $ Install Rock Filter Dam (TY-3) $ Remove Rock Filter parrs (lY-3) $ Remove garbed Wire Fence (throughout site, inside LOC $ Remove Wood Picket Fence tat forestry building fenced storage area $ Remove Gravel Drive & Misc. Gravel Areas $ Remove Cattle Guards $ SITE ELECTRIC/COMMUNICATIONS Primary Site Electric Service (from street to the transformer) $ Secondary Site Electric Service (from the transformer to bu iding electrical roGfn) $ Branch Circuits (includes bldg. electrical roomlpanels, scoreboards, shade structures, parkir $ Fixture N2 - Wall Mounded Uplight Fixture (Spectator Shade Lighting, 4 Gelds) S Fixture N3 - Architectural Wati Mounted Fixture (8peclator Shade Lighling, 4 fields) $ Fixture P1 - Pole Mounted LED Pedestrian Area Fixture (Pedestrian Pole Lighting) $ Fixture N1 - Compact Floodlight (Playground Lighting) $ Fixture T4 - 4' Linear LED &gn Llght (Entry Sign Lighting) $ Fiber Optic Pull Box $ 4" PVC Conduit (for fiber) $ Fixture S1 - Pole Mounted LED Parking Area Fixture (Single Fixture, includes pole base) $ UTILITIES Sewer 4-IN PVC Pipe $ 6-IN PVC Pipe $ 8-IN PVC Pipe $ Remove and Abandon Existing OSSF I $ 6 IN PVC WW Cleanout $ 4-FT Dia. Precast Manhole $ Waste Water Service Connection $ 14-IN Steel Encasement (for 6-IN PVC) (w/ Concrete Open Cut) $ 16-IN Steel Encasement (for 8-IN PVC) $ Connection to Exist. Manhole $ Trench Protection i $ CoCS - Texas Independence Ballpark at Midtown 303801-024 10/1 /2024 10/31/2024 3038-01 C D E F G H I J WORK C"PLETED TOTAL SCHEDULED MATERIALS COMPLETED % BALANCE RETAINAGE VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5 % of APPLICATION PERIOD STORED TO DATE Total Completed 99,375 S 99.375 3 $ 5 99.375 100°4) $ 0 $ 4.969 182,013 S 45.504 S $ 5 45.504 250° S 136.609 $ 2.275 125.667 S - 5 S 5 - 0$ 126,667 S - 4,875 $ 4,875 S $ 5 4,875 100°) $ 0 $ 244 4,875 1,073 $ $ - 1.073 S $ $ $ $ £ 1;973 0%I S 100%) $ 4.875 0 S $ - 54 1.073 $ $ $ 5 - 0°°� $ 1,073 S 590 $ $ $ - $ 0%!. $ 590 S 1,374 538 S $ - 538 $ $ $ $ $ 5 538 01.j $ 100% $ 1,374 0 $ $ 27 6,951 S - $ $ $ - 0%J $ 6,951 S 6,951 $ - $ $ $ 0%J $ 6,951 $ - 25.360 $ 21,770 $ $ $ 21,770 86°f� $ 3,590 $ 1.069 7.265 $ 7,265 $ $ $ 7.265 100% $ 0 S 363 28,084 $ 15.500 $ $ $ 15,500 55°° $ 12,584 $ 775 1,073 $ 537 $ $ $ 537 50% S 536 $ 27 101.978 $ 101,978 $ $ - $ 101'978 1DO 5 0 S 5,099 97,094 $ 97,094 $ $ - $ 97,094 100% $ � 0 $ 4,855 299,621 $ 299,621 $ $ - $ 299,621 100°°f $ 0 $ 14,981 29,198 $ 28,510 $ $ $ 28,510 98% $ 688 $ 1,426 30,057 $ 15,028 $ $ $ 15,028 50%� $ 15,029 5 751 58,546 $ 29.273 $ $ - $ 29,273 50/ $ 29,273 $ 1,464 2,791 $ - $ - $ - $ - 0% $ 2,791 $ 18,421 $ - $ - $ - $ - 0% $ 18,421 $ 2,254 $ 1,127' $ $ - $ 1,127 50% $ 1,127 $ 56 44,871 $ - $ - $ S - 0% $ 44,871 $ - 200,780 $ 100,390 $ - $ S 100,390 50% $ 100,390 $ 5,021) 1,758 $ 1,758 ' $ $ $ 1,758 100% $ 0 $ 88 21.303 $ 21,303 $ $ - $ 21,303 100% $ (0) $ 1,065 84,631, $ 84,631 $ $ - $ 84.631 100% $ 0 $ 4,232 1,288 $ 1,288 $ - $ - $ 1,288 100% S 0 $ 64 2,576 $ 2,576 $ - $ - $ 2,576 100% $ 0 S 129 18,893 $ 18,893 $ - $ $ 18,893 100%J $ (0) $ 945 1,610 $ - $ - $ $ 0°° $ 1,610 $ - 24,351 $ 24,351 $ $ $ 24,351 100°° $ 0 $ 1,218 78,216 $ 78,216 $ $ $ 78,216 100% $ 0 $ 3,911 1.288 $ 1,288 $ $ $ 1,288 100%0 $ 0 $ 64 1,914 $ 1,914 $ 5 $ 1,914 10D% $ (0) 5 96 Page 3 of 17 Page 252 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, contaminc CoCS -Texas Independence Ballpark at Midtown 303801-02A 1/2024 Contractor's signed Certification is attached 10/3/31/2024 In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply 3038-01 A B C D E F G H I J WORK CO PLETED TOTAL DESCRIPTION SCHEDULED MATERIALS COMPLETED % BALANCE RETAINAGE OF WORK VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5%of APPLICATION PERIOD STORED TO DATE Total Completed Water $ 223,082 5 223,06t $ 223.082 100 / S 0 $ 11,153 8-IN PVC Pipe $ 1,127 $ - $ $ $ - 0 / $ 1,127 $ 4-IN PVC Pipe $ 10,981 $ - $ - $ - 0 / S 10,581 $ - 2-IN Copper Pipe $ 29,949 $ 29,949 $ - $ 29,949 100/a $ 0 $ 1,497 8-IN Gate Valve $ 3,757 $ 2,450 $ $ 2,450 65% S 1.307 S 123 Air Release Valve S 48,373 S 46,373 $ $ 416,373 100% $ 0 $ 2,319 Fire Hydrant Assembly $ 4,723 S 4,723 $ s $ 4,723 100% $ 0 $ 236 Water Service Tap Connect 10 Exist: 18-up Water (wl Full Bodied Stainless Steel Tepptng Saddle- W x 18") $ 2,576 $ 2.576 $ $ $ 2,576 100% $ 0 S 129 Ductile Iron Fittings $ 698 $ 698 $ S 698 100% $ (0) $ 35 I Steel Encasement (16-IN) S 135,759 S }- .;v : $ $ 44,140 33% $ 91,619 $ 2,207 Water Meter (2-IN) (pomesft) $ 4,831 $ $ $ $ - 0 / $ 4,831 $ Water Meter (4•IN) (irrigation) $ 38,644 $ - $ $ - $ 0% $ 38,644 $ - Water Meter Vault (Paris DMC-053) $ 7,085 $ - $ - $ - $ - 0% 5 7,085 $ Double Check Backflow Preventer (Watts 007) $ 34,243 $ $ $ $ - 0% $ 34,243 $ Drainagetaorm $ 147,950 $ 15,07-1 $ - $ - $ 15,071 10°la $ 132,879 5 754 Detention Pond Excavation $ 3.485 $ 3,435 $ S - $ 3,435 100% $ 0 $ 172 41 SETP-PD 24" $ 15,748 $ 15,748 $ - $ - $ 15,748 100% $ (0) $ 78T 4:1 SETP-PD 36" $ 5.249 $ 5,249 $ - $ - $. 5,249 100% S 0 $ 262 4:1 SETP-CD 36" Precast Junction Box 4.5'x4.5' $ 13,204 $ 13,204 $ $ $. 13,204 100% $ (0) $ 660 Precast Junction Box 5'x5' $ 8,158 $ 8,158 $ $ S 8,158 100% $ 0 $ 408 Pond A Outfall Structure 5'X5' Concrete Box w/ PAZD WX4' FG) (Extra Opening Grate) $ 9,124 $ 9,124 $ $ - $ 9,124 100 / $ 0 $ 456 Pond C Outfall Structure 5'X5' Concrete Box w/ PAZD (4'X4' FGl $ 10,198 $ 10,198' $ $ - $ 10,19E 100% $ (0) S 510 TxT Grate Inlet $ 2,791 $ 2,791 $ $ $ 2,791 100% $ (0) S 140 4.5'x4.5' Grate Inlet $ 13,096 $ 13,096. $ $ $ 13,096 100% $ 0 $ 655 5' Curb Inlet $ 13,311 $ 13,311 $ $ S 13,311 100% $ (0) $ 666 Concrete Headwall (PW-0) $ 18,249 $ 18,249 $ $ - $ 18,249 100%. $ (0) $ 912 Conc, Box Culvert (3ft x 3ft) $ 92,158 $ 92,158 $ $ - S 92,158 100 / $ 0 $ 4,608 Conc, Box Culvert (3ft x 3ft) (By Bore) 3 46,695 $ 46,695 $ $ - $ 46,695 100 / $ 0 $ 2,335 Conc. Box Culvert (4ft x 3ft) S 91.433 $ 91,433' $ $ - $ 91,433 100% $ (0:) $ 4,572 Conti. Bog Culvert (4ft x 3R) (By Bore) $ 53,426 $ 53,426 $ $ $ 53,426 100% $ (0) $ 2,671.� RC Pipe (CL III)(24 IN) $ 94,078 $ 63,920 $ $ $ 63,920 68% $ 30,158 $ 3,196 RC Pipe (CL 111)(30 IN) $ 106.487 $ 86.800 $ $ $ 86,800 82 % $ 19,687 $ 4,340 RC Pipe (CL III)(30 IN).(By Bore) $ 18,678 $ 18,678 $ $ $ 18,678 100% $ 0 $ 9341 RC Pipe (CL III)(36 IN) $ 344,129 ..$ 244,500 $ $ $ 244,500 71/n $ 99,629 $ 12,225 RC Pipe (CL III)(36IN) (By Bore) $ 20,288 $ 20,288 $ $ $ 20.289 100% $ 0 S 1,014 10' Backless Inlet $ 8,051 $ 8,051 $ $ - $ 8,051 100% $ (0) $ 403 15' Backless Inlet $ 9,124 $ 9,124 $ $ $ 9,124 100%/ $ 0 $ 456 15' Open Back Inlet $ 9.124 $ 9,124 $ - $ 'is 9,124 100% $ 0 $ 456 Conermle Riprap (6•1N) $ 12.839 $ 12.839 $ - $ $ 12,839 100% $ (0) $ 642 Concrete Flume $ 28,677 $ 28,677 $ - $ - $ 28,677 1009G $ 0 $ 1.434 Page 4 of 17 Page 253 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, containinc Contractor's signed Certification is attached In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply A - B DESCRIPTION OF WORK PAVEMENT Rock Prairie Rd. Imrpovements Barricades, Signs and Traffic Hand€Ing Excavation Embankment Base: 8" Flexible Crushed Rock Subgrade., 8" Lime Treated Subgrade Chemically Stabilized Subgrade Asphalt: TY C HMA- 2" Asphalt: TY D HMA- 2" Seal Coat Remove Existing.Rais Pav Mark Rais. Pav Mark TY Y-2 (For Traffic Control) Rais Pav Mrk Ty II -A -A Rais Pav Mrk Ty I-C Fire Hydrant Relocation 3:1 SETP-PD 18" 3:1 SETP-PD 24" RC Pipe (CL III)(18 IN) RC Pipe (CL III)(24 IN) Sign and Pole Assembly Fence Removal Pipe Removal Metal Beam Guard Fence Transition Metal Beam Guard Fence Safety Guardrail Treatment Mailbox Relocation Raft Pav Mrk Typ I & II (W) (Sldj (4-) Re# Pav Mrk Typ I & II (W) (SId) (S") �efl Pav Mrk Typ I & II (W) (SId) (24") Refl Pav Mrk Typ I & II (Y) (SId) (4") Refl Pav Mrk Typ I & II (W) (Arrow) Refl Pav Mrk Typ € & li (W) (Word) CoCS - Texas Independence Ballpark at Midtown 303801-024 1011 /2024 10/31 /2024 3038-01 C D I E F G H I J WORK CO PLETED TOTAL SCHEDULED MATERIALS COMPLETED % BALANCE RETAINAGE VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5 % of APPLICATION PERIOD STORED TO DATE Total Completed $ - $ $ $ #DIV/0! $ - 5 $ 4,901 $ $ $ 0% d. 4,901 $ - $ 4,025 5 - $ - $ $ - 0% $ 4,025 $ $ 4,621 $ - $ - $ S 0°/a $ 4,621 5 $ 57,753 $ - $ $ - $ 0 % $ 57,753 5 $ 13,031 $ - $ - $ - $ 0% $ 13,031 5 $ 13,257 $ $ - $ - $ - 0% $ 13,257 S $ 49,460 $ $ - $ $ - 0% $ 49,460 $ $ 49,460 5 $ - $ - $ - 0% $ 49,460 $ $ 50,907 $ $ - $ $ 0%, $ 50,907 $ $ 1,288 $ - $ - $ - $ - 0% $ 1.288 $ $ 3,220 $ - $ - $ - $ 0/ $ 3,220 5 $ 2,004 $ - $ - $ $ - 0 / $ 2,004 $ $ 449 $ - $ $ - $ - 0% S 449 $ $ 3,757 $ $ - $ $ - 0% $ 3,757 $ $ 7,720 $ $ $ $ - nq4 $ 7,729 $ $ 7,514 $ - $ $ $ 0% $ 7,514 $ - $ 13,089 $ - $ $ $ 0% 5 13,089 $ - $ 11,471 $ $ $ $ - 0% $ 11,471 $ - $ 3,980 $ $ $ $ 0% $ 3,980 $ $ 4,251 $ 2,126 $ $ $ 2,126 50% $ 2,125 $ T06 $ 2,727 $ - $ $ $ - 0%, $ 2,727 $ $ 4,831 $ $ $ $ - 0% S 4,831 $ $ 6,827 $ $ $ $ 01% $ 6,827 $ $ 4.831 $ - $ $ $ 0% $ 4,831 $ $ 188 $ - $ $ $ - 0 -/� $ 188 $ $ 1,876, $ - $ - $ $ - 0°� $ 1,876 $ $ 1,224 $ - $ $ $ 0% $ 1,224 $ $ 145 $ - $ $ $ 0% $ 145 $ $ 4,092 $ - $ $ $ 0% $ 4,092 $ $ 2,254 $ - $ $ $ - 0% $ 2,254 $ - $ 2,576 $ - $ $ $ - 0/ 5 2,576 S Page 5 of 17 Page 254 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, containinc CoCS - Texas Independence Ballpark at Midtown 303801-024 Contractor's signed Certification is attached 1/2024 10/3/31 /2024 In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply 3038-01 A B C D 1 E F G H I J WORK COMPLETED TOTAL DESCRIPTION SCHEDULED MATERIALS COMPLETED BALANCE RETAINAGE OF WORK VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5% of APPLICATION PERIOD STORED TO DATE Total Completed Driveway Entry Section $ 0 / $ 26,262 5 Subgrade- 8" Lime Treated Subgrade $ 26,262 $ 0% $ 25,189 $ Chemrcally$tabllizedSubgrade S 25,189 $ s $ - 0% $ 310,390 $ - Concrete: 5' Drive with Monalitttic Curb S 310,390 $ 0 % :$ 2.031 $ Concrete Ribbon Curb $ 2,931 $ $ $ 0`/ $ 902 $ Concrete Curb Saffles $ 902 $ $ $ 0 % $ 294 $ Raised Pav Mrk Ty 11-A-A $ 294 5 0% $ 3,025 S ) Sign and Pole Assembly $ 3,025 5 $ 0% S 400 $ Refi Pav Mrk Typ I & 11 (W) (Sid) (24") $ 400 $ Re8 Pav Mrk Typ I & II (W) (Arrow) $ 535 $ $ 0% 5 535 $ Refl Pav Mrk Typ I & II (W) (Word) S 588 $ $ i - 0% 5 588 363 $ $ - Rell Pav Mrk Typ I & II (W) (Sid) (W) $ 363 $ 5 $ $ 0%; $ 0 % $ 459 $ Rd Pav Mrk Typ I & II (Y) (SId) (4") S 459 $ $ $ Vehicular Entry Double Swing Gate at Drives (including but not limited to footings) $ 13,580 $ $ $ - 0% $ 13,580 S Monument Sign Structure $ 77,210 $ 3,500 $ $ 3,500 5% $ 73,710 $ 175 Concrete Pipe Soffard5 (At power poles in medians) $ 3,381 5 - $ 0% $ 3,381 S Drivino_ Section South Subgrade: 8" Lime Treated Subgrade S 22,709 $ $ 0% $ 22,709 24,128 $ $ - Chemically Stabilized Subgrade $ 24,128 $ $ $ $ 0`/ $ - Concrete: 6" Drive with Monolithic Curb $ 258,456 $ $ $ $ 0% $ 258,456 2,705 $ '$ Concrete Curb Baffles $ 2,705 $ $ $ $ 0% $ Parking Space Striping ( $ 1.415 $ - $ $ $ 0% $ 1,415 $ Concrete Walkways (d" Depth) $ 8,427 $ - $ $ $ 0%$ 8,427 $ - harking Lot Bumper Curbs (6-Concrete) $ 1,275 $ - $ - $ - $ 0% $ 1,275 $ Parking Lot 1 Base: 6" Flexible Crushed Rock $ - $ - $ $ $ #DIV/0! $ $ - Subgrade: 6" Lime Treated Subgrade $ 6,094 $ - $ $ $ 0% $ 6,094 $ - Subgrade: 8" Lime Treated Subgrade $ 3,794 $ - $ $ - $ 0% S 3,794 $ - I ChertriGafty Stabilized Subgrade $ 13,028 $ - $ $ 5 0% $ 13.028 $ - ASphall;.TY D HMA- 1.5" $ - $ - $ $ $ #DIV/0! $ - $ Asphalt: TY D HMA- 2.5" $ - $ - $ $ $ #DIV/01 $ - 5 Concrete Curb &Gutter S 1,856 $ $ $ $ 0/. $ 1,856 5 Concrete Ribbon Curb $ 57 $ $ $ $ 0% $ 57 S Accessible Parking Space Sign and Pale Assembly S 1,050 $ $ $ $ 0% $ 1.050 $ Accessible Parking Space Striping (4")/Symbol (2 spacesl S 1,125 $ - $ $ $ 0% S 1,125 $ Parking Space Striping (41) $ 4,806 $ - $ $ $ 0% $ 4,806 $ Concrete Walkways (4" Depth) $ 14,331 $ - $ $ $ 0% $ 14,331 $ - Parking Lot Bumper Curbs (6-Conerele) $ 2,671 $ - $ $ $ 0% 5 2,671 $ - Alternate 1 $ 162,396 $ $ $ $ 0% $ 162.a% S Page 6 of 17 Page 255 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, contaminc CoCS -Texas Independence Ballpark at Midtown 303801-024 1/2024 Contractor's signed Certification is attached 10/3/31/2024 In tabulations below, amounts are stated to the nearest dollar Use Column 1 on Contracts where variable retainage for line items may apply 3038-01 , A S C D ( E F G H 1 J WORK COMPLETED TOTAL DESCRIPTION SCHEDULED MATERIALS COMPLETED % BALANCE RETAINAGE OF WORK VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5 % of APPLICATION PERIOD STORED TO DATE Total Completed Parking Lot 2 S - $ $ $ $ #DIV/0! S S Base: 6' Flexible Crushed Rack $ 78,185 $ $ $ $ 0%, $ 78,185 $ Subgrade: 6" Lime Treated Subgrade $ 0 /. 19,572 $ Subgrade: 8" Lime Treated Subgrade $ 19,572 $ $ $ $ .$ 0°/ $ 127.269 $ ' Chemically Stabilized Subgrade $ 127.269 $ $ $ $ $ Asphalt-,TY D HMA- 1.5" $ S $ $ $ - #DIV/0! $ Asphalt: TY D HMA- 2.5" $ - $ $ $ $ $ - #DIV/01 $ 0% S 9,064 $ - Concrete Cufb & Gutter $ 9,064 $ $ $ $ $ 0% $ 425 $ Concrete Ribbon Curb $ 425 ' $ $ $ $ - 0°/� $ 3,723 $ - Accessible Parking Space Sign and Pole Assembly $ 3,723 $ $ 0 % $ 1,125 $ - Accessible Parking Space Striping (4'V$ymbeis (8 spaces) $ 1,125 $ $ $ $ - Parking Space Striping (4"} $ 59,744 $ $ $ $ 0 / $ 59,744 $ Speed Humps (6" Depth Concrete, includes thickened walkway in parking lot) $ 49,873 $ $ $ $ 0% $ 49,873 46,663 $ $ Cot3Clele Walkways [4" Depth] $ 46,663 $ $ $ $ 0./,. S ' $ Parking Lot Bumper Curbs (6-CQnerete) $ 11,183 S $ $ $ - 0% $ 11,183 - Aitemale2 $ 1,622,369 $ $ $ $ - 0%1 $ 1,622,369 $ - Forestry Building Site Improvements 1,288 $ Remove Curb & Gutter $ 1,286 $ $ $ 5 0% Remove Existing Dumpster Concrete Pad $ 4,809 $ $ $ $ - 0% $ 4,809 $ - Curb & Gutter: concrete 5 2,125 $ $ $ $ - 0% $ 0 / $ 2,125 20,718 $ $ - Paving: Reinforced 6" Concrete $ 20,718 $ $ $ $ 0 ./., $ 1,297 S - Striping & Signage Allowance.11 % of WW) S 1,297 $ $ $ $ Entry Sliding Gate $ 32,498 $ $ $ $ 0% $ 32.498 $ - Vehicular Entry Double Swing Gate at Drives {including but not limited to footings) $ 6,956 $ - $ $ $ 0% $ 6,956. $ 4' CMU Block Wall (enclosure around material storage areas) $ 25,817 $ - $ - $ $ - 0% $ 25,817 63,605 $ $ - 6' Ht. Brick Style Fencecrete Fence (perimeter enclosure around dumpster area and parking $ 63,605 $. - $ - $ $ 0% $ Conereta Pipe Bollards (At forestry bullti t7g dumpster/maleriai area) S 2,029 $ 150 $ - $ $ 150. 7% $ 1,879 $ 8 Page 7 of 17 Page 256 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, containinc CoCS - Texas Independence Ballpark at Midtown 303801-024 1/2024 Contractor's signed Certification is attached 10/3/31/2024 In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply 3038-01 A 13 C D ( E F G H I J WORK COMPLETED TOTAL DESCRIPTION SCHEDULED MATERIALS COMPLETED % BALANCE RETAINAGE OF WORK VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5 % of APPLICATION PERIOD STORED TO DATE Total Completed BASEBALL FIELD 1 ArOliicial Turf (InfieldlOutfteld): includes subgrade prep, drainage system, turf, & infill (Shaw - $ 393,748 5 500 $ $ $ 500 0% $ 393,248 5 S 25 Chemically Stabilized Suogred e (8 in) (for Artiffdal Turf Infield &Outfield; $ 15,783 $ S 5 $ $ 15,783 Ume for Subgrade Treatmertt $ 14,672 $ - $ $ $ - 250 OT6 ° J $ 0 % $ 14,672 74,381 $ $ 13. Sod outfield: Big Rolled Sod Bermuda Latitude 36 Bermuda Grass $ 74,631 $ 250 $ $ $ 116,662 S - Topsoil (8" Depth, Custom Sand Mix) $ 116,662 5 - $ $ - 0% S 13 Sod outfield: Spray Irrigation (Full Coverage) $ 37,521 S 250 $ S S 250 1 % $ 37,271 Decarrrpmed Granite Warning Strip $ 49,042 S 100 $ $ $ 100 0% S 48,942 $ 51 8' Outfield and Foul Line Chain Link Fence w/Mow Strip $ 93,606 $ 1,000 $ $ 5 1,000 1 % $ 92,606 $ 50 4' Chain Link Single Gates: 4 ft, leaves (Entry to Field) (8' height) $ 3,231 $ 100 $ $ 5 100 3 % $ 3,131 $ 5 6' Chain Link Single Gates: 6 ft. leaves (8' height) $ 3,345 $ 100 $ $ $ 100 3% $ 3,245 $ 5 12 Chain Link Double Gates: 6 ft. leaves (8' height) $ 6,140 $ 100 $ - $ - $ 100 2%, $ /. 6,040 $ $ 5 5 16' Batter's Eye Fence w/Mow Strip $ 14,298 $ 100 $ - $ - $ 10o 1 $ 14,198 25' Backstop Net: 25 ft- h x 210 LF (Burbank Sports Net) $ 14,533 $ $ $ - $ - 0' . $ 14,533 S - Hackslop Railing $ 1,275 $ - $ $ - $ - 0% $ 1,275 5 Poly -Cap Fence Guard (guard on top of outfield fencing) $ 6.709.1 $ 150 $ $ - 5 150 2% $ 6,559 $ 8 Windscreen (Per Field. 8' height fence) $ 14,037 $ 100 $ - $ $ 100 1 % $ 13,937 $ t3 Windscreen (Gates Per Field, 8' height) $ 584 $ 100 $ - $ $ 100 179°J $ 484 $ 5 Wndscrean (Batters Eye Per Field, 50' L x 1fi' ht) $ 8,462 $ 100 $ - $ $ 100 1 $ 8.362 $ 5 6" Wide DuraTrench Drain System, Complete in Place $ 26,863 $ 250 $ $ $ 250 1 % $ 26,613 $ 13 Grandstand Scorekeeper Stand: Assemblyllnsialiallon (Product provided by owner) $ 30,108 $ - $ - $ $ - 0% $ 30,108 $ - Foul Poles (2) (20' above ground, 12' wing) S 3,757 $ 350 $ $ $ 350 900j $ 3,407 $ 18 11 Wireless Sooreboard: OfflaadlStruclural Supports & FcolingslAssemblyflnstallatian by Contr $ 12,881 $ - $ $ $ - 0°0$ 12,881 $ - 1 Spectator Structure Spectator Shade Struatm Offtood/AssemblyAnstawativn by Contractor(SMclure materials p $ 56,970 $ 9.550 $ $ $ 9,550 17% $ 47,320 $ 478 Spectator Shade Structure: Foundation Piers S 24,346 $ - $ - $ S - 0°/0 $ 24,346 $ Spectator Shade Structure: Flatwork S 29,456 $ - $ - $ $ 0°a $ 29,456 S Bullpen &Ilpen: Artificial Turf (irsGudea pad A turf. Shaw Elevate l58) $ 9,320 $ 100 $ - $ $ 100 1 % $ 9,220 $ 5 Bullpen: B' Bullpen Fence $ 38,009 $ - $ - $ $ - 0% $ 38,009 $ Bullpen: Flatwork (4" Depth) S 22,926 $ 75 $ $ - $ 75 0% $ 22,651 $ 4 Bullpen: 4' Chain Link Single Gates: 4 ft. leaves (Bullpens) (V height) $ 3,231 $ 50 $ $ $ 50 2 % $ 3,181 $ 3 Bullpen: 10' Chain Link Double Gates: 5 ft. leaves (Bullpens) (8' height) $ 6,027 $ 50 $ - $ - $ 50 1 % $ 5,977 $ 3 Dugout (Two per Field] Dugout: Assembtyllastaliation (Structure provided by owner) S 20,539 $ - $ - $ $ - 0% $ 20,539 $ Dugout: Foundation Piers S 8,588 $ - $ - $ $ - 0°° $ 8,588 $ Dugout Flatwork $ 5,874 $ - $ $ $ - 0% S 5.874 $ Dugout: Masonry Backwall 5 18,678 $ 1.650 $ - $ $ 1,650 9% $ 17,028 $ 83 Dugout: FencinglGate S 20.145 $ 75 S - S $ 75 fl ., S 20,070 S 4 l Page 8 of 17 Page 257 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, containinc CoCS - Texas Independence Ballpark at Midtown 303801-024 1/2024 Contractor's signed Certification is attached 10/3/312024 In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply 3038-01 , A B C D E F G H i WORK C"PLETED TOTAL DESCRIPTION SCHEDULED MATERIALS COMPLETED BALANCE RETAINAGE OF WORK VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5 % of APPLICATION PERIOD STORED TO DATE Total Completed BASEBALL FIELD 2 Artificial Turf (Infield/Outfield): includes subqrade prep, drainage system, turf, & infill (Shaw $ 393.748 $ 500 $ a 500 S 393.248 $ 25 Chemically stabilized Subgrade (8-1n) (for Artificial Turf Infield & Outfield) 5 15,783 5 - $ $ - S 10j, 15.783 $ S Lime for Subggrade Treatment $ $ 14.672 74,631 5 5 - 250 $ $ - $ S 250 5 5 14.672 74.381 $ 13 Sod outfield: Big Rolled Sod Bermuda Latitude 36 Bermuda Grass 0%J 5 116,662 $ Topsoil (8" Depth, Custom Sand Mix) $ 116,662 5 - 1 $ $ S $ - 250 1%J $ 37,271 S 13 I Sad outfield: Spray Inigatian (Full Coverage) $ 37,521 S 250 $ - $ - 0%J $ 48,942 $ 5 j Oeeam %sed Granite Waning Strip $ 49,042 93,606 $ S 100 1,000 $ $ $ $ $ $ 100 1,000 1°fiI $ 92,606 $ 50 !`l 8' Cutflald and Foul Line Chain Link Fence w1Mow Strfn $ 3 %) $ 3.131 $ 5 4' Chain Link Single Gales: 4 h- leaves (Entry to Field) (8' height) $ 3,231 $ 100 $ $ $ 100 ��/% 5 111 y 6' Chain Link Single Galas: 611 leave8 (8' height) $ 3,345 S 100 $ $ $ 100 3 $ 3,245 $ y 12' Cnaln L)nk Double GaieSr 6 ft. leaves (V height) $ 6,140 $ 100 $ $ $ 100 2°° $ 6,040 $ 5 16' Batter's Eve Fence w/Mow Sth Snorts Net) $ $ 14.298 14,533 S $ 100 $ $ $ S - $ $ 100 - 1 %J $ 0°°} $ 14.198 14.533 $ $ 5 25'Backstop Net: 25 ft. h x 210 L (Burbank $ 0°f $ 1,275 $ Backstop Railing S 1.275 5 $ $ - 2% 8,438 $ B Poly -Cap Fence Guard (guard on too of outfield renting) $ 8,588 S 150 $ $ - $ 150 $ i Windscreen PerFieid.8' height fence $ 14.037 $ 100 $ $ $ 100 1% $ 13,937 $ 5 Windscreen (Gates Per Fteid, 6' hee ttit} $ $ 584 8.462 S $ 100 100 $ $ $ $ $ $ 100 100 17% $ 1°/aJ $ 362 8,362 $ $ 5 5 Windscreen (Raite�a Eve Per Fiekd, 0` L x 16' ht) 6" Wide Dura rench Drain System, Complete in Place $ 26,863 S 250 S $ - $ 250 1 P, $ 25,613 $ 13 Grandstand Scorekeeper Stand: Assemht !Installation (Product provided by owner) $ 30.108 5 $ $ - $ - 0'..J $ 30,108 $ Fauf Poles (2l (20` above round, 12' wl, 1 S 3,757 $ 350 $ $ - $ 350 9 /°°J $ 0'�OI 3,407 12,881 $ $ 18 Wireless Scoreboard: OfflaadIStructural Suonorts & FoollnoslAssemblvllnstalla0on bN $ 12,881 S - $ $ $ - $ Spectator structure Spectator Shade Structure: Offload/Assembly/Installation by Contractor $ 56.870 $ 9,550 $ S $ 9,550 J 17°° $ 47.320 S 478. Spectator Shade Structure: Foundation Piers $ 24,346 $ $ $ $ 0 1 $ 24,346 $ - Spectator Shade Structure: Flatwork $ 31,055 $ - $ $ $ 0% $ 31,055 $ Bultnen ButJy�m Artificial Turf flWudes pad & Wrf. Shaw Elevate 68) $ 9,320 $ 100 $ - $ - $ 100 1 ° °J $ 9.220 $ 5 Bu i/ert: B' Bullpen Fence $ 38,009 S - $ $ $ - 0%J $ 38,009, $ I Bullpen: Flatwork 14' pq?th) $ 22.926 $ 75 $ $ $ 75 0°° $ 22,851 $ 4 Bullpen: 4' Chain Link Stnq a hates: 4 ft. leaves (Suilpens) (& heht $ 3,231 $ 50 $ - $ - $ 50 2% $ 3,181 $ 3 I Bullpen: 10' Chain Link Double Gates: 5 ft. leaves (Sulioens) fe` tteioq $ 6-_027 $ 50 $ - $ - $ 50 1 % S 5.977 $ 3 Dugout ITwo nor Fieldj $ Dugout: ABsembyllnsta lailon (Structure provided by owner] $ 20,539 $ $ - $ $ 0% S 20,539 4 Dugout: Foundation Piers $ 8,588 $ - $ - $ - $ - 00 $ 8,588 S Dugout: Flatwork S 5,874 $ - $ - $ - $ 0% $ 5.874 $ - Dugout: Masonry Backwall $ 18,678 $ 1,650 $ $ - $ 1,650 90 l .$ 17,028 $ 83' Uua_out Fencmq_IGate $ 20,145 $ 75 $ $ $ 75 0 % S 20,070. $ 4 Page 9 of 17 Page 258 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, containinc CoCS -Texas Independence Ballpark at Midtown 303801-024 Contractor's signed Certification is attached 1/2024 10/3/31/2024 In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply 3038-01 1 A B C D ( E F G H I J WORK COMPLETED TOTAL DESCRIPTION SCHEDULED MATERIALS COMPLETED % BALANCE RETAINAGE OF WORK VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5 % of APPLICATION PERIOD STORED TO DATE Total Completed BASEBALL FIELD 3 Artificial Turf (Infield/Outfield): includes subprade p drainage system, turf, & (mill [Shaw $ 393.748 $ 500 $ :• $ 500 0% $ 0% S 393,248 15.783 $ $ 251 Chemically Stabilized Subgrade MAO (for Artifciat Turf infield & Oulfie]d) S 15.783 S 5 $ - 0% $ 14,672 $ j Lime for Sub,�(ade Treatment 1 Sod outfel 1: ip�Ralled Sod Bermuda Latitude 36 Bermuda Grass $ $ 14.672 74,631 $ $ - 250 $ $ _ $ $ $ S - 250 0%i $ 74,381 $ 13 1 Topsoil [8" Dept ,Custom Sand Mix] S 116.662 S - $ $ $ 0°1 $ °��� 116,662 $ 13 I' I Sod outfield: Spray trr�gption (Full Coverage] $ 37.521 $ 250 $ _ $ 250 100 1 $ 0%J $ 37,271 48,942 $ S 5 I Deepmposed Granite amirlg Strip $ 49,042 $ 100 $ $ $ $ a $ 1,000 1°° $ 93,131 $ 50 1 8' Outfield and Foul Line Chain Link Fence wfMow Strip $ 93,606 $ 1,000 3% $ 5 4' Chain Link Single Gates 4 ft- leaves Entry to Feld) W helnht) $ 3,231 $ 100 $ $ $ 100 $ 3,131 6' Chain Link Single Gales; S ft. leaves V height) $ 3,345 $ 100 $ $ S 100 3 % $ 3,245 $ 5 12' Chain Link Double Gates; 6 ft. leaves (8' heighl) $ 6,140 $ 100 $ $ - $ 100 2 % $ 6,040 $ 5 16' Batter's Eye Fence wfMow Strip $ 14,298 $ 100 $ $ S 100 1'. $ 14,198 $ 5 25, Backstop Net: 25 fL h x 210 LF (Burbank Sports Net) $ 14,533 $ $ $ $ - 101. J $ 14,533 $ BackstopRailinp $ 1,275 $ $ $ $ 0°° $ 1,275 $ Poly -Cap Fence Guard (guard on lop of outfield fendng) $ 8,588 $ 150 $ $ $ 150 2% $ 8,438 $ 8 Windscreen Field, 8' height fence) $ 14,037 $ 100 $ - $ $ 100 1 % $ 13.937 S 5 (Per Windscreen Gates Per Field. & height) $ 584 $ 100 $ - $ $ 100 17 % S $ 5 Windscreen [ alters Eye Per Field. 54' L x IV tit) $ 8,462 $ 100 $ - $ $ 100 1 °01 $ 362 6.362 $ 5 6- Wide Dura ranch Drain System, Complete in Place $ 26,863 $ 250 $ $ $ 250 1 % $ 26,613 $ 13 j Built -In Aluminum Bench Seating $ 20,267 S - $ $ $ - 0°° $ 20.267 S Concrete Bumper Wall at Steps: masonry 24" wide x varying ht (see plans for ht) $ 8,051 $ - $ $ $ - 0% $ 8,051 $ Foul Poles (2) (20' above ground, 12' wing) $ 3,757 $ 350 $ $ $ 350 9 % $ 3,407 $ 18 1 Grandstand Scorekeeper Stand: Assemblv/Installation (Product provided by owner) $ 537 $ $ $ - $ 0% S 537 $ l Wireless Scareboard_ Offload/Structural Supports & Footinos/Assembly/Installation by $ 1L881 $ $ $ - $ 01 $ 12.881 $ - Spectator Structure J Spectator Shade Structure; Offload/Assemblyllnslallaiion by Conlraetor $ 58.496 $ 9.550 $ $ $ 9,550 16°oJ $ 48.946 $ 478 Spectator Shade Slruclure; Foundation Piers $ 35,102. $ $ - $ - 0°° $ 35,102 $ Spectator Shade Structure: Flatwork $ 37,528 5 - $ $ $ - 0% $ 37,528 S Spectator Area, Sealwalls: Masonry 24" Wide x 18' Fit. $ 4.058 $ 843 , $ $ $ 843 2f% $ 3,215 $ 42 Spectator Area: Bleacher Guard Railing $ - $ - $ 5 $ - #DIV/0! $ - $ Bullpen Bullpen: Artificial Turf (Includes pad & turf. Shaw- Elevate68) S 9,320 $ 100 $ $ $ 100 1"/o) $ 9,220' $ 5 SuApen; 8' Bullpen Fence $ 38.009 $ - $ - $ $ - 0 % $ 38,009 $ Bullpen: Flatwork K' Depth) $ 22,926 $ 75 $ $ $ 75 0 $ 22.851 $ 41 Bul��en: 4' Chain Link Single Gates: 4 ft, leaves (Bullpensl (8' heJ' ht) $ 3,231 $ 50 $ $ $ 50 2 % $ 1 % $ 3,181 5,977 $ $ 31 3 1 Bullpen: 10' Chain link Double Gates: 5 ft. leaves (Bullpens) (8' height) $ 6.027 $ 50 $ $ $ 50 Du.pout (Two per Field) i Dugout: Assembly/Installation (Structure provided by owner) $ 20,539 $ $ $ S 0% $ 20,539 $ 1 Dugout: Foundation Piers $ 8,588 $ - $ $ $ 0%, $ 8,588 $ 1 Dugout: Flatwork $ 5,874 $ - $ $ $ - 0% $ 5,874 $ 1 Dugout: Masonry Backwall $ 18,678 $ 1,650 $ $ $ 1,650 9%� $ 17,028 $ 83 Dugout: FencingiGate $ 20,145 $ 75 : 3.' 5 $ 75 U% $ 20,070 $ 4 Page 10 of 17 Page 259 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, containing CoCS -Texas Independence Ballpark at Midtown 303801-024 1/2024 Contractor's signed Certification is attached 10/31/2024 0/3 In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply 3038-01 A B C D E F G H I J WORK CO PLETED TOTAL DESCRIPTION SCHEDULED MATERIALS COMPLETED % BALANCE RETAINAGE OF WORK VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5 % of APPLICATION PERIOD STORED TO DATE Total Completed BASEBALL FIELD 4 Artificial Turf [InfieldlOufield 1: includes subgrade 0(an. drainage system, turf. & InfilI (Shaw $ 303.748 S Soo 5 - S - $ $ S 500 Q9G 5 0%J 5 393,248 15.783 $ $ 25 Chemically StahiBzetl Subgrade (Bin) (for RrNCcfal Turf Infield & Outflaid) $ i5,763 5 $ 0°° $ 14,672 $ Lime for Su rade Treatment Sod outfield: Rolled Sod Bermuda Latitude 36 Bermuda Grass $ S 14.672 74.631 S S - 250 $ S - S S S S 250 0% $ 74.381 $ S 13 1 Topsoil {8" Depi�, Custom Sand Mix] S 116.662 S - $ S $ $ S - 250 71 $ S 116.662 37,271 $ 13 Sod outriold : Spray Irriilagon (Full Coverage) S 37.521 S 250 $ S S 100 0� $ 48.942 $ 5 Decomposed Granite Warning Strip 5 49.042 S 100 $ 5 5 1,100 1 ° � S 93.131 S 50 8' Outfield and Foul Line Chain Link Fence w1Mow shr �eldS heiphS] $ $ 93.606 3,231 S $ 1,000 100 $ - $ - S S T00 3q°J/ 5 3.131 $ 5 4' Chain Lints Single Gates: d fL leaves (Entry to (8' $ S 100 03 l� S 3,245 $ 5 I 6' Chain Link Single Gates: 6 ft- leaves (8' height] I 12' Chain Link Double Gates: 6 ft- leaves i8 he ghtj 5 $ 3.345 6.140 S 5 too 100 $ - $ $ S 100 2°�°I S 1q%l S 6.040 14,533 $ S 5 5 I t6' Batter's Eye Fence wlMow Strlp re: 5 S 14,298 14,533 $ S 100 $ $ 5 $ $ $ 100 0 J S 14,533 5 I 26 Backstop 26 fL h x 210 LF [Burbank Sports Net) 0 S 1.275 $ 1 Backstoo Raillnk Fence Guard (guard lop outfield fencing} S $ 1.275 8.588 S S 150 $ $ $ S $ $ - 150 29 1 S 8.438 $ 8 Poly -Cap on of $ 14,037 5 100 $ S $ 100 $ 13.484 $ 5 Windscreen (Per Field, 8' height Fence) 5 584 $ 100 $ 5 $ 100 17°k $ 7% 464 5 5 Windscreen ates Per Field, 8' he' h6 r, I Windscreen atter's Eye Per Field, 0 L x 16' ht) S SA62 $ 100 $ 5 $ $ $ 100 250 1 , 5 g� 1 ° 5 S,362 26.613 5 $ 5 13 6" Wide Dura rench Drain System, Complete in Place 5 26,863 $ 250 $ Built -In Aluminum Bench Seating S 20.267 S - $ $ $ - 0% 0 5 S 20.267 8.568 $ S Concrete Bumper Wall at Steps; s�aSonr jl 24- wide x varying hl (see plans for ht) S 8.538 S - 100 S $ 5 $ $ $ 100 #DIV/01 $ (100) S 5 Grandstand Scorekeeper Stand: ssern ly/Installation Pro uct provided by owner) $ $ Foul Poles (2) c20' above ground, 12' wing) $ 3,757 $ 250 $ - $ $ 250 7 % O 5 3.507 $ 131 Wireless Scoreboard: OHloadl5tructural Supports & FoolinoslAssemblvIinstaltaflon by $ 12.881 $ $ $ $ - I S 12.681 $ Spectator Structure Spectator Shade Struckpe: OfflpadlAssembiylinstallasign by Contractor $ 58,496 $ 9,550 S 5 - $ 9,550 16 q 1 S 178 I Spectator Shade Structure: Foundation Piers $ 35,102 $ - $ - $ . 0° ° S 35.102 35.102 37,528 $ $ $ Spectator Shade Structure: Flatwork $ 37,528 $ - $ $ 5 0% 5 I Spectator Area: Seatwalls: Masonry 24" Wide x 18" Hl. $ 4,058 $ 843 $ $ $ 843 21 °° 5 3.215 $ 42 Soectator Area: Bleacher Guard Railing S - $ - $ $ $ #DIV/O! S $ Bullpen Bullpen: Artificial Turf (Includes pad &turf, Shew • Elevate 68) $ 9.320 S 100 $ 5 - $ 100 1% 5 9220 S 5 Bogen: W Bullpen Feriae $ 38.009 S $ $ S - 0% S 38.009 $ - Bu:j w Flatwork (4' Depth) $ 22,926 S 75 $ - $ $ 75 0% $ 2°/J 22,851 $ $ 4 3 I Bullpen: 4' chain Link Si Gates: 4 ft. leaves [Bullpens) [8' height} $ 3,231 $ 50 $ $ $ 50 S °�^ 3.181 3 Bullpen: 10' Chain Link Double Gates: 5 ft. leaves (Bulloens) (8' heiaht) $ 6.027 $ 50 $ $ 50 1 5 5,977 $ Duaout (Two per Field $ $ $ 0°°I S 20,539 5 Dugoul; ssemblyllnsta talion (Structure provided by owner) S 20,539 $ - Dugoul• Foundation Piers $ 8.568 $ - $ - $ $ 0% S 8.583 $ Dugout: Flatwork $ 5,874 $ - $ - $ - $ - 0°0 $ 5,874 S Dugout: Masonry Backwall $ 18.678 $ 1,650 $ - $ $ 1,650 9%J $ 17,028 $ 83 Dugout: F•encing)G3te $ 20,145 $ 75 $ - $ - $ 75 O $ 20.070 $ 4 Page 11 of 17 Page 260 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, containinc CoCS -Texas Independence Ballpark at Midtown 303801-024 Contractor's signed Certification is attached 1/2024 10/3/31/2024 In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply 3038-01 A 8 C D [ E F G H 1 J WORK COMPLETED TOTAL DESCRIPTION SCHEDULED MATERIALS COMPLETED % BALANCE RETAINAGE OF WORK VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5 % of APPLICATION PERIOD STORED TO DATE Total i Completed COMMON AREA SITE IMPRFVEMErTS Concession/Restroom/Office (2,400 sf., entire structure and FFE perplan8)` $ 1,318,772 5 1,318,772 $ $ S 8.772 100/J $ 10j $ 65,939 Concrete Walkway Plaza (with aggre4atefinish, 5' Depth) $ 225,941 5 - 5 5 $ a9 1 S 0%J 225,9 1 5,528 5 $ - Concrete Trickle Channel S 5.528 S S $ $ I Concrete Fire Lane (6' Depth] $ 99,039 5 $ $ $ $ $ - 0% $ 0°0 $ 99.039 4,941 $ 5 I Concrete Fire Lane: ubgrade - 8" Llme Treated Sudgrade S 4,941 $ $ 0% 6,597 $ I Concrete Fire lane: Lime for Subgrade Treatment S 6.597 $ $ $ $ $ 0%) $ I Bronze Fire Lane Marker (18" x 6' x 0.25" cast bronze, inset into Fire Lane) $ 35,961 $ $ $ $ $ 38.11 _ Concrete S(eps with Handrail (3 sets of ate s $ 8,115 $ $ $ $ $ - 0°`°J $ 0%J $ 8.115 11,593 $ $ I Concrete Bumper Wall at Steps: masonry 4 wide x varying. ht (see plans for ht) $ 11.593 $ $ $ j 8' Perimeter Chain Link Fence wf Mow Strip $ 42.449 5 200 $ $ $ 200 0°°J $ 42,249 $ 10 12' Chain Link Double Gates: 6 ft. leaves (8' hel0t) S 9.211 $ 200 $ $ $ 200 2°/ $ 9,011 $ 10 10 20' Chain Link Double Gates: loft. leaves (S' height] (Firelane Gale] $ 5,069 S 200 $ $ $ 200 411 $ 4.569 $ Sign Allowance - Entry Pavilion $ 4,082 $ - $ $ $ - 0%) $ 4.082 $ - Sinn Allowance - Soectator Shade Structure $ 20.512 $ - $ $ $ 0°//%J $ 20.512 $ Sian Allowance - Dugout Structure S 10,589 $ $ $ $ - U 71 $ 10,589 $ En�Gate Pavlllion 26,810 $ $ $ $ 0'.J $ 26,810 $ - Entry Gale Pavilion: Assemblyllnstalldlion (Structure provided by owner) $ Entry Gate Pavilion: foundation Piers $ 3,671 $ $ $ $ 0%j $ 3.671 $ - Entry Gate Pavilion: Flalwork (4' Depth) $ 6,945 $ $ $ $ 0%J $ 6,945 $ Entry Gate Pavilion: 8' Decorative Fencinq (wrought Iron) w/ Mow Strip $ 29,106 $ 400 $ $ $ 400 1 /° 5 28.706 $ 20 Entry Gate Pavilion: 12' Decorative Double Gates; 6 fl.leaves f$' heightl $ 5,018 $ 400 $ $ i 400 8°° $ 4,618 $ 20 Entry Gate Pavilion Lighting: Fixture N2 - Wall Mounted Uplight Fixture $ 17.175 $ $ $ $ - 0% $ 17.175 $ 92ttm Canes (Outside Fence Linal 0% $ I Baltinp�ages - Lane: Assembl7llnstallation (Structure provided by owner) $ 41.425 $ $ $ $ $ 41,425 Batting Cages - 4 Lane: Foundation Piers (IS (Ity - 4 lanes) $ 10,144 $ - $ $ $ 0% 5 10,144 $ - [ Balling Cages -4 Lane; Flatworkl4" Depth, 5,065 SFIEA -4 laneS SiE 84.503 $ - $ $ $ - 0% $ 84.503 $ i Batting Cages - 4 Lane: Artificial url: (includes pad 8 turf, Shaw - evate &8 $ 45,482 $ $ $ $ 0% $ 45,482 $ Batting Cages - 4 Lane: Netting (#42 HDPE Batting Cage Net Only, No Frame $ 19,7T6 $ $ - $ = 0% $ 19,776 $ " Batting Cage Li hting Installation - 4 lane (16 Fixtures provided by owner) $ 8,588 $ S $ $ 1�j S 8,588 $ - BattinqiC.e Lii ht n,i - 4 lane: Fixture N3 - Architectural Wall Mounted Fixture (Exterior of $ 17,175 S $ $ $ (1% $ 17,175 $Battinaes (Inside Fence Line1 1 Battingges - 4 Lane: Assembly/Installation (Structure provided by owner) $ 41,425 $ $ $ $ l 0°° $ 41,425 $ Batting Capes - 4 Lane: Foundation Piers (15 qty - 4 lanes) S 10,144 $ S - $ $ 0%) $ 10,1441 $ Batting Cages - 4 Lane: Flatwork (4" Depth. 5.065 SF/EA - 4 lanes) $ 84.503 $ $ $ $ o v, $ 84.503 $ - Batting Cages - 4 Lane- Artificiat Turf. `includes pad 8 turf, Shaw - Elevate 68) $ 45,375 $ $ $ $ S - 0y [ $ 0 % $ 45,375 19,776 $ - Batting Cages - 4 Lane: Netting (#42 HDPE Batting Cage Net Ority, No Frame) $ 19,776 $ $ .$ , Batting Cage Lighting Installation .4 lane V 6 Fixtures provided by owner) $ 8,588 $ $ $ $ 0 $ 8,588 .$ - Balling Cage Lighting - 4 lane: Fixture N3 - Architectural Wall Mounted Fixture (Exterior of $ 17,175 $ 5 - 5 $ fl°I S 17,175 $ Page 12 of 17 Page 261 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, containinc Contractor's signed Certification is attached In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply A - B DESCRIPTION OF WORK LANDSCAPEARRIGATION Copperlone Loquat / Enobotrya J'a nica (2" Cal.) (excavating, backfill, staking - 5 Trees) 5 Live Oak / Ouercus virgtniana (3" Cal.) (excavating, backfili, staking - 51 Trees) $ Chinquapin Oak ! Quarcus muhlenbernii �3" Cal.) (excavating, back98, staking - 30 Trees) $ Little Bunny Dwarf Fountain Grass / Pennisetum alopecuroides'Little Bunny' (1 Gal) 5 Blue Grama 1 Bouteldus oracilis *Blonde Ambition' 0 Gal} $ Spineless Yucca / Yucca recurvitolla 15 Gal) $ Sod - Common/Revegetation Areas (Big Rolled Sod Bermuda Latitude 36 Bermuda Grass) $ Topsoil (8- Depth, Custom Mlx) $ Hydromutch (Common Bermuda) - Revegetation $ Fiber tReve etati0n) Met S Ir`�`�tron Ar ria(eas Landscape Areas -On trrilation (includes park entty 8 entry late pavilion landscape $ Sod - Spray Irrigation J Full CoverepjIe) $ Hydrorrtvlch (Common Bermuda) bueas- Spray Irrigation (Full Coverartel $ irrigation Sleeves (sch 40 PVC) $ L.mr4wa6;tirrw#%mr.4ATION (COMMONS Chinquapin Oak 1 Quercus muhlenbergii 3• Cal,) (axcavaEng, backTill, staking - 10 Trees,' $ Blue Gratha/BoutelouaAmollis 'Blonde Ambition' P Gal1 S Sod - Warmup Areas (Big Rolled Sod Bermuda Latitude 36 Bermuda Grass) $ Topsoil (S' Depth, Custom Sand Mix) S Fiber �Reveaetationl Met $ Irrigation Areas Landscape Areas - DYp IrrigAtion (includes common landscape area) $ Sod - Sprav Irrigation (FullCoverage S Irrigation Sleeves (sch 40 PVC] $ PLAY AREA Seatwalls: Mason 24' Wide x 18• Ht. $ Iabric Shade Structure: for Dadscape 35 ft W x 35 ft L x 10 it H $ Mason�v Columns - Pla"nd Shade Structure $ Gametime - Single Tower Challenge Station Climber (Model #9533) $ Gameiime - Recycled Bonded Rubber (GTIMPAX Bonded) $ Landscape Areas Little Bunny Dwarf Founlain Grass I Pennlsetum alopecuroldes UlUe Bunny' (1 Cal) $ spineless Yucca I Yucca recorvi oiia (5 Gal) $ Irrioation Areas Landscape Areas - Do IT"lion (Includes play area landscape area) $ Imp gatidn Sleeves (sch 40 PVC) S CoCS - Texas Independence Ballpark at Midtown 303801-024 1011 /2024 10/31/2024 3038-01 C D l E F G H I 1 WORK COMPLETED TOTAL. SCHEDULED MATERIALS COMPLETED BALANCE RETAINAGE VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5%of APPLICATION PERIOD STORED TO DATE Total Completed ; 2,952 $ 5 $ ; 0% S 2,952 $ 21,899 $ 5 a $ 0,4 S 21.899 S 12,881 $ $ a $ oo $ 12.881 S 3,593 $ $ $ $ 0% $ 3,593 $ 1,347 S S S $ 0% $ 1,347 S 558 S $ 5 5 0°o� S 558 $ 8,815 $ $ $ $ 0%J $ 8,815 $ 14,986 $ $ $ $ - 0%/J S 14,398 $ - 47,844 S $ S $ - 0°0 5 47,844 $ 59.470 S 5 $ S 0% S 59.470 S - 4,717 S $ $ S 0% S 4,717 S 29,950 S 5 $ $ - O,oJ $ 29,950 $ 195,921 $ $ $ S - 0°oJ $ 195,921 S 27.642 $ 5 $ $ - $ 0I.s 27.642 $ S - 4,294 $ $ $ $ - 0, 4,294 S 3,457 5 $ $ $ - 0%� $ 3,457 S 34,230 $ $ $ - S - 0% S 34,230 $ 75.307 $ $ $ $ - 0°a S 75,307 S 794 $ $ S $ 0% S 794 $ 2,869 $ $ $ $ 0% S 2.869 S 116,298 $ - $ $ $ 0% $ 116.298 S 9.285 $ - $ $ - $ 0% S 9.285 S 31,667 $ $ $ $ 35,436 $ 13,607 $ - $ $ 13,607 381a S 21.829 S 680 15,350 $ 1,061 $ - $ $ 1.061 7/ $ 14,289 $ 53 21,612 $ - $ $ $ - ooQ $ 21,612 $ - 32,870 $ - $ - $ $ - II'u S 32.870 S 1,858 $ - $ - $ - $ - 0% $ 1,858 $ 830 $ - $ - $ $ - U ` I S 830 S 2,385 $ - $ - $ $ 0% S 2.385 $ 403 $ - $ $ $ 0° 1 $ 403 S Page 13 of 17 Page 262 of 270 CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT, containing COCS - Texas Independence Ballpark at Midtown 303801-024 Contractor's signed Certification is attached 10/1/2024 10/31/2024 In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply 3038-01 A B C D l E F G H WORK COj PLETED TOTAL DESCRIPTION SCHEDULED MATERIALS COMPLETED % BALANCE RETAINAGE OF WORK VALUE PREVIOUS THIS PRESENTLY AND STORED TO FINISH 5 % of APPLICATION PERIOD STORED TO DATE Total Completed MISCELLANEOUS Mobilization/General Requirements of Contract $ 1.297,950 $ 1,297,950 $ $ $ 1,297,950 100% $ 0 64,897 ` Demobilization/General Requirements of Contract D 359.885 $ 359,885 $ $ $ 359,885 100 % $ 0 $ 17,994 Compliance with SWPPP S 39.906 $ 39,906 $ $ S 39.906 100 % S (0) $ 1,995 Subtotal - Cost of Work $ 16,373,742 $ 5.473,436 $ S $ 5.473.436 33 / $ 10.900.306 $ 273.612 � Bond S 258.068 $ 258,068 $ $ $ 256,066 100 / $ $ - { j CONTRACT $ 16,631,810 $ 5.731.504 $ $ S 5,731,504 34% $ 10,900,306 $ 286,575 OCOs Subtotal -Change Orders $ r10.900.306] $ $ - $ $ - 0%� S 110.900.306) $ - REVISED CONTRACT $ 5,731.504 $ 5.731,504 $ - $ - $ 5.731.504 100% $ 0 $ 286,575 Project TotaI $ 5.731.504 $ 5,731,504 $ - $ $ 5,731,504 100% S 0 $ 286,575, tie present status QI the account for 1h s contract I5 as follow$ ORIGINAL CONTRACT SUM 16,631,810 Net Change by OCO=_ -10,900,306 CONTRACT SUM TO DATE 5,731,504 TOTAL COMPLETED AND STORED TO DATE 5.731,504 RETAINAGE 0 TOTAL EARNED LESS RETAINAGE 5,731,504 LESS PREVIOUS CERTIFICATES FOR PAYMENT 5,444,929 CURRENT PAYMENT DUE 286,575 Page 14 of 17 Page 263 of 270 FINAL RELEASE OF LIEN We have received from City of College Station the sum of $5,444,929.00 which sum represents the total amount paid through 10/01/24 for work done and materials supplied to COCS PO No. 23200242-00, COCS Project. No.2021-07665, of which City of College Station is the owner and City of College Station is the Owner's Designated Representative. The Undersigned states that the Current Payment claimed of $286,575.00 is due for work, labor, materials, services, and miscellaneous (all of which are hereinafter referred to as "Work Items") supplied to the said project through 10/31/24. The Undersigned states that all persons and firms who supplied Work Items to the Undersigned in connection with said project have been paid according to the terms of our Agreements with those persons or firms, or that such payment will be fully effected according to the terms of our agreements with those persons or firms, after receipt of the Current Payment. Contingent upon the receipt of the Current Payments, the Undersigned does hereby release the Owner from all liens or right to claim a lien, under the applicable laws of this State, related to any labor, materials, or equipment covered by the prior payments by the Owner. J.T. VAUGHN CONSTRUCTION, LLC Michael B. Chrestman Printed Name of Authorized Representative STATE OF TEXAS COUNTY OF BRAZOS Before me this ��� - day of �� ��.� {G_ 20v r`./appeared /oW�(� �� an authorized representative of J.T. Vaughn Construction, LLC who acknowledged that (s)he is an authorized representative of the Company and that the facts stated herein are true and correct. VNotary Robertson NotaryPub ' /-- tary Public •E OF TEXASIp# 10842494My commission expires v ��0 p•5eC[�mheV76�2U28 ) Page 264 of 270 January 23, 2025 Item No. 9.6. Sponsor: Anthony Armstrong, Director of Planning and Development Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the appointment of City Council members and Planning and Zoning Commissioners to the 2025 Comprehensive Plan Evaluation Committee. Relationship to Strategic Goals: Good Governance, Financial Sustainability, Core Services and Infrastructure, Neighborhood Integrity, Diverse and Growing Economy, Improving Mobility, Sustainable City Recommendation(s): The Planning and Zoning Commission recommended appointment of Michael Buckley, Tre Watson and Warren Finch to represent the commission. (6-0) Summary: The Comprehensive Plan Evaluation Committee (CPEC) will serve as the steering committee for the 2025 Comprehensive Plan 5-Year review process. The Committee will provide staff with feedback on the public engagement and participation plan, and they will make decisions on the final recommendations to be included in the Comprehensive Plan 5-Year Evaluation and Appraisal Report. The CPEC is expected to meet approximately 5 times over an 8-month period in workshop -style meetings that will last approximately 1-3 hours each. Proposed Committee Composition: (3) City Councilmembers (3) Planning & Zoning commissioners Proposed Meetings: Meeting 1 — February 2025 • Staff will present the proposed process and timeline for the 2025 Comprehensive Plan 5-Year Update. • CPEC may provide feedback on overall process, public participation plan, and stakeholder groups. Meeting 2 — April 2025: • Staff will present the 5-Year Implementation Progress Report. • CPEC may provide feedback on the progress and status of Comprehensive Plan Action Items. Meeting 3 — June 2025: • Staff will present themes from interviews, public workshops, surveys, and other engagement activities. • CPEC may provide guidance on incorporating this qualitative information in the final evaluation report Meeting 4 & 5 — August 2025 Page 265 of 270 • Staff will present the Draft Comprehensive Plan 5-Year Evaluation & Appraisal Report • CPEC will make decisions, chapter by chapter, on the final recommendations to be included in the Report 1. Meeting 4, Chapters 2-5 2. Meeting 5, Chapters 6-10 Budget & Financial Summary: Attachments: None Page 266 of 270 January 23, 2025 Item No. 9.7. Citizen Boards, Committees and Commissions Appointments Sponsor: Tanya Smith, City Secretary Reviewed By CBC: Agenda Caption: Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions. • Architectural Advisory Committee • Arts Council • Audit Committee • BCS Library Board • CDBG Public Service Agency Funding Review Committee • Historic Preservation Committee • Parks and Recreation Board (Chair Only) • Spring Creek Local Government Corporation Relationship to Strategic Goals: • Good Governance Recommendation(s): None Summary: This is the annual appointment to our boards, committees, and commissions. A packet containing applications, appointment charts, and tally sheets will be provided under separate cover. Budget & Financial Summary: None Attachments: None Page 267 of 270 January 23, 2025 Item No. 10.1. Items of Community Interest and Council Calendar Sponsor: City Council Reviewed By CBC: City Council Agenda Caption: Items of Community Interest and Council Calendar: The Council may discuss upcoming events and 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. Relationship to Strategic Goals: • Good Governance Recommendation(s): None. Summary: A current calendar of upcoming community events can be found in more detail at cstx.gov/calendar and official meetings or public notices are posted at cstx.gov/agendas. Meetings and events from the days of January 24th thru February 13th: January 24 — Design Review Board Meeting January 25 — OPAS GALA: The Back Room Speakeasy featuring a Tribute to Anne Black January 28 — Architectural Advisory Committee Meeting January 28 — Baylor Scott & White College Station- Unveiling of Newest Medical Office Building January 28 — Neighborhood Seminar Supper - Overview of 2025's Capital Projects January 30 — Business After Hours - The Physicians Centre Hospital January 31 — Blinn College -Bryan Campus Administration Building Grand Opening February 3 — Historic Preservation Committee Meeting February 4 — Northgate Small Area Plan Committee February 5 — B/CS MPO Policy Board Meeting February 5 — Legislative Affairs Committee Meeting February 5 — Economic Development Committee Meeting February 6 — Planning and Zoning Commission Meeting February 7 — College Station Fire Department Awards Banquet February 10 & 11 — Chamber Austin Delegation Trip February 10 — Bicycle, Pedestrian & Greenway Board Meeting February 11 — Parks and Recreation Board Meeting February 13 — Rock Prairie Management District No. 2 February 13 — City Council Meeting Budget & Financial Summary: None. Attachments: Page 268 of 270 None Page 269 of 270 January 23, 2025 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 270 of 270