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HomeMy WebLinkAbout11/24/2025 - Regular Agenda Packet - City CouncilOrff CPFY OF COJ.LFGE STATION Home ofTexas AerM University® November 24, 2025 College Station, TX Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: www.microsoft.com/microsoft-teams/join-a-meeting Meeting ID: 287 987 474 175 I Passcode: gZw5cS Phone: 469-480-7460 I 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. 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. 2.2. Personnel {Gov't Code Section 551.074); Possible action. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a. City Manager b. City Judge c. Internal Auditor d. City Attorney e. City Secretary f. Council Self -Evaluation 2.3. Security {Gov't Code Section 551.076 }; Possible action. The City Council may deliberate the deployment, or specific occasions for implementation, of security personnel or devices or a security audit. After executive session College Station, TX Page 1 Page 1 of 346 City Council discussion, any final action or vote taken will be in public. The following subject may be discussed.: a. Security Related To City Hall and Council Chambers 2.4. Competitive Matters {Gov't Code Section 551.086); Possible action. The City Council may deliberate, vote, or take final action on a competitive matter as that term is defined in Gov't Code Section 552.133 in closed session. The following is a general representation of the subject matter to be considered: a. Power Supply 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 November 2025 as Lung Cancer Awareness Month. Sponsors: Tanya Smith Attachments: 1. 25 Lung Cancer Awareness Month 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: • November 13, 2025 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM111325 DRAFT Minutes 7.2. Presentation, discussion, and possible action on a contract with Utility Restoration Services, Inc. for Annual Padmount Equipment Repair and Restoration in the amount of $499,803.52. Sponsors: Glenn Gavit Page 2 November 24, 2025 Page 2 of 346 City Council Attachments: 1. ITB #26-004 BID TABULATION 2. 26300076--Vendor Signed 7.3. Presentation, discussion, and possible action on the first reading of a franchise agreement with Professional Trash Valet, LLC DBA Brazos Valley Trash Valet & Recycling for the collection of recyclables from commercial businesses and multi -family locations. Sponsors: Emily Fisher Attachments: 1. 26300126--AD_(CC_11.24.25) Vendor Signed 7.4. Presentation, discussion, and possible action regarding an ordinance temporarily amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1013 "Traffic Schedule XI II, Temporary Speed Limits," of the Code of Ordinances of the City of College Station, Texas regarding the speed limits on State Highway 6 and frontage roads. Sponsors: Emily Fisher Attachments: 1. Letter to Mayor_CS 2. Ordinance CH 38 Sec 38 Temp Speed Limits - SH 6 7.5. Presentation, discussion, and possible action on a construction contract with The Playwell Group, Inc. and PlayWorks, Inc. for the demo and installation of three playgrounds at Castlegate Park, Merry Oaks Park, and Southern Oaks Park in the amount of $546,591.95 plus the City's contingency in the amount of $54,659.19 for a total appropriation of $601,251.14 Sponsors: Gene Ballew Attachments: 1. Playwell Group, Inc. and PlayWorks, Inc. Construction Agreement 7.6. Presentation, discussion, and possible action on approval of a cost -sharing Interlocal Agreement with Texas A&M University System (TAMUS), the City of College Station (COGS), the City of Bryan (COB), and the Brazos Valley Groundwater Conservation District (BVGCD) to jointly fund a socioeconomic study assessing the impacts of various Desired Future Condition (DFC) scenarios on the communities and economies of Brazos and Robertson counties, in support of balanced water management and sustainability. College Station's twenty-five percent share of the total study cost will be $46,300. Sponsors: Gary Mechler Attachments: 1. FINAL - Interlocal Agreement Socio-Economic Study 11.3.25 7.7. Presentation, discussion, and possible action on a construction contract with Zone Industries for the repair of a failed final clarifier at the Carters Creek Wastewater Treatment Plant, in the amount of $130,000 plus a City contingency of $13,000 for a total appropriation of $143,000. Approval of this item authorizes the City Manager to approve project expenditures up to the contingency amount. Sponsors: Stephen Maldonado, Gary Mechler Attachments: 1. Contract 26300146_CC 11.24.25_Vendor Signed 2. Payment and Performance Bonds_11.24.25 7.8. Presentation, discussion, and possible action to authorize the purchase of the Andros Spartan Bomb Robot in the amount of $335,138 from Peraton Remotec for the College Station Police Department Bomb Squad. Sponsors: Billy Couch Attachments: 1. 9406-B College Station Police Department Spartan GSA 8. Workshop Agenda. 8.1. Presentation, discussion, and possible action regarding the 2024 Incentive Compliance Report by the Greater Brazos Partnership. Page 3 November 24, 2025 Page 3 of 346 City Council Sponsors: Brian Piscacek Attachments: None 8.2. Presentation, discussion, and possible action on the Family Definition and Shared Housing. Sponsors: Anthony Armstrong Attachments: None 8.3. Presentation, discussion, and possible action on an update on drainage. Sponsors: Emily Fisher Attachments: None 8.4. Presentation, discussion, and possible action regarding recommendations of the Housing Plan Advisory Committee to implement the Housing Action Plan. Sponsors: David Brower Attachments: None 9. Regular Agenda. 9.1. 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 boundaries from GC General Commercial to T Townhouse for approximately 0.0175 acres generally located east of the intersection of Holleman Drive South and Cain Road. Sponsors: Jeff Howell Attachments: 1. Barracks_Ordinance 2. Aerial and Small Area Map 3. Rezoning Exhibit 4. Background Information 5. Applicants Supporting Information 6. Existing Future Land Use Map 7. Rezoning Map 9.2. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, Article 3 "Development Review Procedures", Section 3.5 "Concept Plans (P-MUD and PDD Districts)" of the Code of Ordinances of the City of College Station, Texas, by amending certain sections relating to requirements, concept plans, and community benefits for PDD Planned Development Districts. Sponsors: Jeff Howell Attachments: 1. Ordinance 2. Section 3.5 Concept Plans (P-MUD and PDD Districts) redlines 9.3. Presentation, discussion, and possible action regarding an amendment to the on -street parking removal policy and guidelines to establish minimum street pavement widths for on -street parking. Sponsors: Jennifer Prochazka Attachments: 1. Parking Removal Policy 11-24-25 2. Parking Removal Policy 11-24-25 Redline 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 Page 4 November 24, 2025 Page 4 of 346 City Council 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 November 18, 2025 at 5:00 p.m. City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary's Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code & 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal & 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. Page 5 November 24, 2025 Page 5 of 346 City Council "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 6 November 24, 2025 Page 6 of 346 November 24, 2025 Item No. 5.1. Proclamation for November 2025 as Lung Cancer Awareness Month Sponsor: Tanya Smith, City Secretary Reviewed By CBC: N/A Agenda Caption: Presentation proclaiming November 2025 as Lung Cancer Awareness Month. Relationship to Strategic Goals: - Good Governance Recommendation(s): Receive the Proclamation. Summary: None. Budget & Financial Summary: None. Attachments: 1. 25 Lung Cancer Awareness Month Page 7 of 346 glee-4 ?the WHEREAS, lung cancer remains the leading cause of cancer -related mortality among men and women in the United States and College Station, surpassing deaths from colon cancer, breast cancer, and prostate cancer combined; and WHEREAS, the five-year survival rate for localized lung cancer is approximately 60%, though only about 24% of lung cancers are diagnosed at this early stage; and WHEREAS, funding for lung cancer research significantly lags behind that for many other cancers, necessitating further research into early diagnosis, screening, treatment, and disparities affecting women and marginalized communities; and WHEREAS, African Americans experience the highest incidence and mortality rates of lung cancer among all racial groups, with notable disparities in screening, diagnosis, treatment, and outcomes for African Americans and other racial minorities; and WHEREAS, lung cancer in never -smokers ranks as the 7th leading cause of cancer -related death, accounting for 17,000-26,000 annual deaths in the US, with 60-70% of those diagnosed being women, and an increasing proportion of diagnoses occurring in never -smokers; and WHEREAS, the stigma associated with lung cancer poses barriers to early diagnosis, treatment options, funding for research, and impacts the quality of life for those diagnosed, while also impeding awareness and investigation of non-smoking related risk factors; and WHEREAS, organizations in College Station, Bryan City, and Brazos County, including the American Lung Cancer Screening Initiative and Women's Lung Cancer Forum, are dedicated to raising awareness about lung cancer, promoting lung cancer screening, and striving to increase screening rates within these communities. NOW THEREFORE, I, John P. Nichols, Mayor of the City of College Station, and I, Bobby Gutierrez, Mayor of the City of Bryan, and I, Kyle Kacal, Acting County Judge of Brazos County acting on behalf of our respective councils and commissioners court, do hereby proclaim November 2025 as and recognize the need for research in lung cancer affecting women, veterans, and racial minorities, and lung cancer health disparities, and encourage all citizens to learn about lung cancer and early detection through lung cancer screening. CITY OF COLLEGE STATION John P. Nichols, Mayor CITY OF BRYAN Bobby Gutierrez, Mayor CITY OF BRYAN The Good Life, Texas Style." BRAZOS COUNTY Kyle Kacal, Acting County Judge gfVekibitathi6 PA 2025 Page 8 of 346 November 24, 2025 Item No. 7.1. November 13th Meeting Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • November 13, 2025 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM111325 DRAFT Minutes Page 9 of 346 MINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION NOVEMBER 13, 2025 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith, Mayor ProTem William Wright David White Melissa Mcllhaney Bob Yancy Scott Shafer City Staff: Bryan Woods, City Manager Jeff Kersten, Assistant 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 Ouorum 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 3:00 p.m. on November 13, 2025, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, §551.074-Personnel and §551.087-Economic Incentive Negotiations, and the College Station City Council convened into Executive Session at 3:00 p.m. on November 13, 2025, to continue discussing matters pertaining to: 2.1. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: • The City of College Station v. The Public Utility Commission of Texas, Cause No. D- l -GN- 24-005680 in the 200th District Court, Travis County, Texas; and • Legal advice regarding the process to acquire land for the Greens Prairie Widening project and the Victoria Drive Roundabout project. 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 8 acres of land located at 1508 Harvey Road. CCM 111325 Minutes Page 1 Page 10 of 346 • Approximately 28 acres of land generally located at Midtown Drive and Corporate Parkway in the Midtown Business Park. • Property located within the Midtown Business Park. • Property generally located in the 3100 block of Harvey Road. 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • City Manager • City Judge • Internal Auditor • City Attorney • City Secretary • 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, stay or expand in or near the City; to wit: • Economic development agreement with Corinth Group, Inc. • Economic development agreement for a development within the Midtown Business Park relating to baseball fields. • Economic development agreement with College Station Town Center, LP. • Economic development agreement for a development generally located at the intersection of University Drive and College Avenue. • Economic development agreement for a development generally located in 3100 block of Harvey Road. • Economic development agreement between the City and CS Science Park, LLC as assigned to OGC College Station Park, LP. 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. Executive Session recessed at 6:26 p.m. 4. Pledge of Allegiance, Invocation, consider absence request. Invocation given by Chaplain Mike Armstrong, College Station Fire Department. 5. Hear Visitors Comments. Elizabeth Cunha, College Station, addressed the Council about a shift in the property tax narrative. Previously, the assessment was divided between the city, county, and school district, with the city's portion being the smallest. This year, however, she noticed the city is now the largest contributor, surpassing both the school district and the county. This change is due to a state legislature's homestead exemption altering tax distribution. Ms. Cunha noted this shift and its future implications. 6. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. CCM 111325 Minutes Page 2 Page 11 of 346 Items (6.2), (6.4), (6.10) and (6.13) were pulled for clarification. (6.2) Jennifer Cain, Capital Project Director, explained that staff evaluated the submissions independently based on qualifications. Specifically, the evaluation for Halff Associates in this IDIQ differed from their previous work on the Independence Park ball fields. (6.4) Jennifer Cain, Capital Project Director, confirmed that the 1.202 million expenditure to date is related to design. Mrs. Cain noted that this project is different because it is part of the electrics fund, unlike typical capital projects for water or streets. The total budget includes $5.15 million, allocated for multiple electric projects, including this one. She did not have the exact figure for design costs offhand but indicated some funds have been spent on other items within the same budget category. The design cost does not reflect more than 40% of the total cost for the 4500 square foot building. (6.10) Billy Couch, Police Chief, reported that Axon, has introduced a new product called Draft One. This tool will use officer body cameras to extract data from interactions and generate narratives, potentially reducing report writing time by up to 75%. Officers will still need to authenticate and edit reports, but the system should streamline the process significantly. Chief Couch noted that if the product does not perform as expected, there are contingencies to protect taxpayers. He confirmed that tests conducted by other agencies have shown positive results, and the district County Attorney's Office has approved the use of AI -generated reports. (6.13) Carl Ahrens, Planning and Development, stated that citizens were not engaged regarding the parking removal from the streets. The signs came with the final plat during the planning stage, so they already exist but were not in our UDO parking schedule. This will now codify them into our parking schedule. It was part of the original plan with no houses built at the time, following standard procedure. 6.1. Presentation, discussion, and possible action of minutes for: • October 23, 2025 Council Meeting 6.2. Presentation, discussion, and possible action on the Citv's Indefinite Delivery/ Indefinite Ouantitv (IDIO) list where identified firms will be pre -qualified to provide on -call, as needed, professional services for 22 different categories based on their uualifications. 6.3. Presentation, discussion, and possible action on a design contract with Kimlev-Horn and Associates for the design of the Carter's Grove Utility Rehabilitation Project in the amount of $1,416,600 and Resolution No. 11-13-25-6.3 Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. 6.4. Presentation, discussion, and possible action on a construction contract with Marek Brothers Construction, Inc. for the CSU Operations Expansion in the amount of $2,653,150 plus the Citv's contingency in the amount of $265,315 for a total appropriation of $2,918,465. Approval of this item grants authority for the City Manager to authorize project expenditures up to the Citv's contingency amount. 6.5. Presentation, discussion, and possible action on a construction contract with Concord Commercial Services for the Veterans Park entryway signage construction for both the Harvey Road and University Drive entrances in the amount of $176,077.80 plus the Citv's contingency in the amount of $17,607.78 for a total appropriation of $193,685.58. Approval of this item grants authority for the City Manager to authorize project expenditures up to the Citv's contingency amount. CCM 111325 Minutes Page 3 Page 12 of 346 6.6. Presentation, discussion, and possible action on a construction contract with Larry Young Paving, Inc. in the amount of $7,723,287 for the Krenek Tap Road Project, plus the City's contingency in the amount of $772,329 for a total appropriation of $8,495,616. Approval of this item grants authority for the City Manager to authorize project expenditures up to the City's contingency amount. 6.7. Presentation, discussion, and possible action on Resolution No. 11-13-25-6.7 authorizing the Chief of Police for the Office of the Governor - VOCA Grant (Victim Services) providing $64,098 in funds for victim services. 6.8. Presentation, discussion, and possible action regarding Resolution No. 11-13-25-6.8 authorizing the Chief of Police to execute the grant application and any documents necessary to receive grant funding from the Office of the Governor through the Texas State Crisis Intervention Program. 6.9. Presentation, discussion, and possible action on Resolution No. 11-13-25-6.9 authorizing the Chief of Police as the authorized official to execute documents necessary for the release of grant funds from the Homeland Security Division (SHSP - LETPA) for Hostage Negotiation Team Comtac VIII equipment. 6.10. Presentation, discussion, possible action on the second amendment to the Axon Enterprise, Inc. ("AXON") ten-year master service agreement adding AI Assisted Report Writing for an increase of approximately $944,580. 6.11. Presentation, discussion, and possible action on a three-year renewal of a software subscription from Environmental Systems Research Institute, Inc. for the amount of $270,900. 6.12. Presentation, discussion, and possible action on Resolution No. 11-13-25-6.12 confirming compliance with Federal Rules and Regulations and designating officers required for compliance with the Community Development Block Grant Mitigation (CDBG-MIT) grant. 6.13. Presentation, discussion, and possible action regarding Ordinance No. 2025-4640 amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1014 "Traffic Schedule XIV, No Parking Here to Corner and No Parking Any Time," of the Code of Ordinances of the City of College Station, Texas, by removing on -street parking for sections of Ascend Lane, Bramber Drive, Bravden Drive, Brianna Loon, Foxglove Court, Houberry Loop, Maycomb Drive, Tradewind Drive, and four Public Alleys located in the Midtown Reserve Subdivision. 6.14. Presentation, discussion, and possible action on a construction contract with Paragon Sports Constructors, LLC for Little League and Senior League field redevelopment at Brian Bachmann Community Park in the amount of $137,500 plus the City's contingency in the amount of $13,750 for a total appropriation of $151,250. 6.15. Presentation, discussion, and possible action regarding approval of quotes for the purchase of Hazmat Equipment with FarrWest for an amount not to exceed $128,382. 6.16. Presentation, discussion, and possible action regarding the FY2025 Comprehensive Plan and Unified Development Ordinance (UDO) Annual Review. CCM 111325 Minutes Page 4 Page 13 of 346 6.17. Presentation, discussion, and possible action on Resolution No. 11-13-25-6.17 a repeal of Resolution No. 09-13-12-22 which established the Hotel Occupancy Tax Fund Event Grant Application Policy which was administered in coordination with the Bryan -College Station Convention & Visitor's Center Bureau. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda, with the exception of item 6.2. The motion carried unanimously. (6.2) MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember White, the City Council voted seven (7) for and none (0) opposed, to approve Consent item 6.2, to approve the IDIQ with the removal of Halff Associates, Inc. from the list. The motion carried unanimously. 7. WORKSHOP ITEMS 7.1. Presentation, discussion, and possible action regarding the Tourism Strategic Plan. Jeremiah Cook, Tourism Assistant Director, stated that Jones Lang LaSalle Americas Inc. (JLL) will present information on developing a proposed strategic plan for College Station's tourism division. Dan Fenton, JLL Managing Director, explained that JLL has conducted interviews, collected data, and held meetings with the Tourism Committee to: • Create a data -driven tourism development plan. • Involve community partners and officials. • Compare College Station with similar cities to set goals and identify opportunities. • Highlight the economic impact of tourism. • Strengthening College Station's brand. • Recommend infrastructure projects for visitors and residents. • Establish KPIs and monitoring processes. • Foster civic pride and community support for tourism. Analysis Methods & Proprietary Products Analyze • Tourism Readiness Index Comprehensive analysis to address what makes a destination ready for sustainable Travel & Tourism. Assesses current positioning and ability to manage growth • Demand Driver Scorecard Utilizes visitor traffic and flow data to assess current demand and uses the outcome to identity future competitive position 41110 Event Matrix Conducts individual event analysis based on standard criteria to determine gaps and growth opportunities for the destination • University Benchmarking Resea rch Utilizes JLL's prior research on academic departments, internal units, and meeting and event planning methods for benchmarks ng and best practices. From July 28th to 31 st, JLL staff visited College Station, holding focus groups and meetings with local stakeholders. Ongoing engagements continue with the Tourism Committee as guided by CCM 111325 Minutes Page 5 Page 14 of 346 Ordinance No. 2025-4569. With stakeholder engagement, baseline analysis, and competitive analysis complete, JLL will present initial findings and key pillars for the strategic plan. The final plan will be presented to the City Council in February 2026. Summary of Key Pillars and Next Steps 1. Position College Station as Premier Academic Conference Destination 2. Create TAMU+Visit College Station Event Management Partnership 3. Enhance Student/Family Visit Experience 4. Enhance Faculty and Staff Recruitment Experience 5. Joint Marketing Strategy for University -Community Synergy 6. Leisure Events Strategy Data -Driven Evaluation & Prioritization • Signature Event & Product Development • Streamlined Organizer Support & Funding The Council directed staff to move forward with the (6) key pillars and next steps. 7.2. Presentation, discussion, and possible action on the Texas A&M Off Campus Student Services Presentation. Barbara Moore, University & Community Relations Manager, stated that Texas A&M Off -Campus Student Services Offices will share an update on programs, services, partnerships and outreach efforts for their office that works with students living off -campus. Jacqueline Upshaw Brown, US Assistant Director, and Nikki McDaniel, Community Liaison, updated the Council on Off Campus Student Services Office activities. OCSS is part of Student Life, collaborating with various services to support students' needs. • NSO: Online orientation covered living in Aggieland, local ordinances, and being a good neighbor/roommate In -person sessions reinforced this and helped students handle common conflicts. • Carnival: The City hosted an event at City Hall, allowing students to connect with City representatives, local organizations, and peers. • Individual Consultations: Busy fall '25 addressing housing searches, lease questions, maintenance issues, health/safety concerns, and roommate conflicts. • GNN: Addressed maintenance/repair, roommate disputes, and lease clarifications. 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4641 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 to GS General Suburban, for approximately 237.65 acres, generally located on Greens Prairie Road, east of the intersection of Greens Prairie Road and W.S. Phillips Parkway. Robin Macias, Planning and Development, stated that this request seeks to rezone approximately 237.65 acres of land, generally located on Greens Prairie Road east of the intersection of Greens Prairie CCM 111325 Minutes Page 6 Page 15 of 346 Road and WS Phillips Parkway, from R Rural to GS General Suburban. The tract proposed for rezoning consists of an unplatted property that is currently undeveloped and to construct a residential subdivision comprising approximately 800 lots. Mrs. Macias explained that the property was annexed in 2002 and was automatically zoned as R Rural. Although the R Rural zoning district permits single- family homes, it mandates significantly larger lot areas and dimensional standards. This rezoning request aims to enable the applicant to develop the property according to the smaller lot standards prescribed by the GS General Suburban zoning district. Staff recommends approval of the rezoning request as it is in line with the Comprehensive Plan. The Planning and Zoning Commission heard this item at the September 18th meeting where the motion to approve the rezoning request did not pass (0-6). At approximately 8:19 p.m., Mayor Nichols opened the Public Hearing. Robert C. Todd, College Station, raised concerns about the impact of density changes. He criticized the inadequate transportation studies that ignored current construction and key intersections, causing bottlenecks. He also mentioned drainage issues, noting that development leads to poor water quality and sedimentation in the lake on the county line. Finally, Mr. Todd questioned the protection for citizens once zone is established. He suggested adopting restricted suburban zoning to limit housing density and protect neighboring residences. Perry Barboza, College Station, addressed the Council with concerns about safety and property integrity due to new developments. He highlighted two main issues with high -density development near Sweetwater: • Road Usage: The connection to Whipperwill will impair road use. The roads, lacking sidewalks and relying on ditches for drainage, are vulnerable to high traffic. Past incidents, like trucks damaging roads during median work on Green, took months to repair, highlighting potential risks. • Drainage System: Existing drainage issues at Sweetwater's southeast corner cause flooding that affects about five properties. New developments could worsen this problem. Mr. Barboza requested zoning the area for the lowest possible density, such as restricted suburban. Lynn Krebs, College Station, highlighted the severe housing shortage at nearly all price levels. He believes that Texas has shifted towards higher -priced homes since 2019, and median prices haven't dropped in three years despite high interest rates. Housing affordability is poor in Texas, particularly in Brazos County, and the home price index has risen since 2021 due to low interest rates in 2020- 2021 and remains high. As a research economist at Texas A&M Real Estate Research Center, he is concerned about the lack of homes priced between $350,000 and $500,000 as affordable housing is crucial for young families and long-term economic health. He stated that new developments could provide affordable housing and boost property tax revenue for infrastructure. Neal Hoganson, College Station, addressed the Council about safety concerns regarding Whippoorwill Drive, a 30-year-old asphalt road approximately 30 feet wide. He stated it is frequently used by people walking their dogs and riding bicycles, day and night. With no streetlights, it becomes pitch black at night, raising safety issues for residents of the subdivision with 30 homes and nearby development with 800 homes. Colleen Deeb, College Station, stated that she and her neighbors canvased Greens Prairie Rd area, speaking with about 90% of residents, finding no one in support of the initiative. Ms. Deeb stressed that new developments should match the neighborhood's character. She and her husband chose the CCM 111325 Minutes Page 7 Page 16 of 346 area for its suitability and wished to spend their retirement there peacefully. While she accepts development, she advocates for compatible and comparable development of the area. Lloyd Davis, College Station, stressed that homeownership is vital for family stability and generational wealth. He urged the Council to work with residents on constructing attainable homes for community contributors such as permanent residents. With only 35% owner -occupied homes versus 65% rentals, issues like stagnant school growth, workforce shortages, and city development challenges arise. Housing shortages at Texas A&M University and the city deter new employers and increase property tax burdens, affecting quality of life and retention of young graduates. Mr. Davis mentioned possible compromises discussed with Planning and Zoning Committee members and called on leaders to push for a solution that benefits first-time homebuyers and the community long-term. Kartik Jha, College Station, opposes rezoning the Wyndham Ranch land parcel to general suburban instead of restricted suburban stating that new housing developments strain the community by generating less property tax per acre compared to the infrastructure and services needed, benefiting developers while costing residents in taxes. He also sited increased traffic and congestion, the proposed dense housing not being characteristic of the area, reduced property values surrounding the proposed change, road and drainage infrastructure strain, and increased need for schools and emergency services. Dolores Kmiecik-Graham, College Station, opposed the rezoning to GS, arguing that the proposed eight units per acre is incompatible with her neighborhood's four units per acre. She raised concerns about rental property maintenance, an unstructured public meeting with DR Horton, tree preservation, traffic —particularly near Oldham Rd. —and a traffic study that missed a known bottleneck. Nell Rubin, College Station, expressed her opposition to the proposal due to concerns about density, traffic, and severe water issues including flooding. She highlighted that their lake recently developed blue-green algae for the first time, likely due to runoff from nearby construction projects. Despite these challenges, she appreciates living in South College Station, even though it is not officially incorporated. She noted the significant resources available in the area, such as newly improved roads and floodplain resilience. Nancy W. Dickey, College Station, urged the Council to adopt restricted suburban zoning instead of general suburban zoning for the area. She cited safety concerns due to narrow, unlit streets without sidewalks, potential road damage from heavy traffic, bottlenecks at Greens Prairie, unresolved drainage issues, and incompatibility with the existing neighborhood. Developers' promises of compatibility are insufficient without restrictions. Therefore, she strongly supports restricted suburban zoning. Matthew Glover, Bryan, spoke about the builder DR Horton who is set to construct these homes. He owns a local plumbing company, Slim Plumbing, which employs 50 local workers and works closely with the builder. This partnership has kept many individuals employed and has consistently proven to be strong and reliable. All the employees are either local residents or former Aggies, demonstrating their dedication to College Station's best interests. He believes the builder is focused on developing the town, maintaining its growth, and addressing the shortage of homes in the $300,000 to $600,000 range. Michael Baer, College Station, stated that buying the smallest, least expensive house in a neighborhood can be a smart investment, as nearby property values boost your property's worth. He does not support this rezoning because developers have already invested heavily in areas like Greens CCM 111325 Minutes Page 8 Page 17 of 346 Prairie and changes to the current zoning might benefit the new developers but harm surrounding property values. Susan McKneely, College Station, spoke about traffic and safety concerns on Greens Prairie Rd. and noted that roads like Whipper Wheel Drive and Sweetwater Drive lack curbs, lighting, and proper materials, posing risks. She fears that changing zoning from restricted suburban to general suburban would allow the developer to use the maximum Blots per acre and urges keeping the current zoning. Michael Wiltz, College Station, expressed concerns about the potential impact of high -density development near Greens Prairie Reserve if this rezoning is approved. He highlighted that it could affect the safety of the community and streets, which are currently designed for low to moderate traffic capacity. He urged voting against this proposal to maintain the safety of streets and livability in the community. Genna Atiee, College Station, expressed safety concerns related to increasing density and traffic, which pose risks, especially for children. She noted that the current roads near the proposed high - density housing are inadequate, potentially endangering residents, including children and pets. While new housing is needed, it should not compromise existing residents' safety. Austin Pittman, College Station, stated he asked the developer why the restricted suburban zoning wasn't considered since it allows for fewer homes per acre. The response was that developers like DR Horton cannot build profitably with such restrictions. As a taxpayer, he finds this an insufficient reason to change the areas character stating that the developer for Greens Prairie Reserve sought community feedback and chose restricted suburban despite lower profits. He stated that he and other residents believe prioritizing profit margins over neighborhood integrity is a bad idea. Thomas Walker, College Station, believes the proposed community will lower property values and discourage higher -tax -based homes, creating a tax deficit. He emphasizes that seniors' investments in their properties could be devalued, which would significantly impact future property development and tax bases. Rebecca Boenigk, College Station, highlighted the lack of sidewalks and streetlights in Sweetwater. She proposed installing an emergency -only gate at Whippoorwill Drive to reduce traffic and noted that the high -density housing plan could worsen traffic on Greens Prairie Road, possibly requiring additional traffic light. She also has concerns about recent news stories on the developer and deceptive business practices. Additionally, the builder has faced numerous lawsuits over poor quality and deceptive pricing, leading to higher mortgage costs. The community needs to carefully consider these infrastructure, traffic, property value, and builder reputation issues. Heather Huntley, College Station, raised safety concerns regarding Arrington Rd. stating that is narrow and lacks that iters where residents walk and bike. She worries that the proposed zoning could strain water and sewer systems designed for lower density. Ms. Huntley appreciates city representatives' responses and urges them to support responsible growth by rejecting the request per the Planning and Zoning Commission's recommendation. Valen Cepak, explained that while others have shared incredible thoughts and opinions on the zoning of land for general suburban use, he believes we must consider the long-term impact of our decisions and the need to think not just about the next few years, but about the next decade. He believes the city should have a long-term housing strategy. CCM 111325 Minutes Page 9 Page 18 of 346 Charlotte Gray, College Station, opposes the rezoning to potential traffic congestion on Arrington Rd., a narrow two-way street with ditches and narrow shoulders. She has seen a cyclist killed in similar conditions and fears for daily travelers' safety. She chose her home for its amenities, peace, and wildlife which she feels the development would change. Hunter Goodwin, College Station, stated that two tracts were initially designated as estates in 2013 and reclassified to restricted suburban later that year. In 2020, zoning districts were simplified to suburban residential and estate residential, causing a mismatch with land use classifications. These tracts have been intended for restricted suburban use for two decades. He believes that approving unrestricted straight zoning could lead to a build -to -rent community, conflicting with compatibility principles with nearby subdivisions. There being no further comments, the Public Hearing was closed at 9:18 p.m. Mayor Nichols recessed the meeting at 9:51 p.m. The meeting was reconvened at 9:58 p.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith, the City Council voted two (2) for and five (5) opposed, with Mayor Nichols and Councilmembers White, Mcllhaney, Yancy and Shafer voting against, to adopt Ordinance No. 2025-4641, 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 to GS General Suburban, for approximately 237.65 acres, generally located on Greens Prairie Road, east of the intersection of Greens Prairie Road and W.S. Phillips Parkway, with the restricted suburban stick stipulation that abuts the adjacent neighborhoods, as shown on this map. The motion failed. 8.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4642 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 GS General Suburban to MH Middle Housing on approximately 0.5 acres generally located at 1612 Park Place A & B. Garrett Segraves, Planning and Development, stated that this request aims to rezone 0.494 acres of land located at 1612 Park Place A and 1612 Park Place B, shifting it from GS General Suburban to MH Middle Housing. Both lots currently feature a two-story, four -bedroom home with associated parking. The rezoning is intended to enhance the marketability of the property and facilitate future development prospects. This item was heard at the October 16th Planning and Zoning Commission meeting, where the Commission voted 6-0 to recommend approval. At approximately 10:18 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:19 p.m. 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 adopt Ordinance No. 2025-4642, 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 CCM 111325 Minutes Page 10 Page 19 of 346 the zoning district boundaries from GS General Suburban to MH Middle Housing on approximately 0.5 acres generally located at 1612 Park Place A & B. The motion carried unanimously. 8.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4643 amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Man," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to PDD Planned Development District for approximately 3.60 acres at 3768 McCullough Road, generally located northeast of the intersection of Wellborn Road and McCullough Road. Jeff Howell, Planning and Development, explained the request to rezone 3.60 acres at 3768 McCullough Road from R Rural to PDD Planned Development District with a base zoning of WC Wellborn Commercial. This land, annexed into College Station in 2011, is currently undeveloped church property. The applicant plans to extend the adjacent PDD use, including buildings, driveways, detention, and a landscape buffer as outlined in the Concept Plan. Access will be through the adjacent church driveway. This item was heard at the October 16th Planning and Zoning Commission meeting where the Commission voted 6-0 to recommend approval. At approximately 10:24 p.m., Mayor Nichols opened the Public Hearing. Bob and Jane Cohen from College Station addressed the Council about flooding issues and what they believe are protections in the Wellborn Plan. They presented a photo showing water over Welburn Road near a church driveway due to insufficient drainage. They also raised concerns about light pollution from the proposed facility, doubted the church member's claim of sixty nearby residents, and noted that self -storage wasn't in the Wellborn plan. They disagreed with including self -storage without better planning, stressed inadequate site drainage with added buildings, and appreciated support for native trees from the Planning and Zoning department. There being no further comments, the Public Hearing was closed at 10:33 p.m. MOTION: Upon a motion made by Councilmember White and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025-4643, 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 to PDD Planned Development District for approximately 3.60 acres at 3768 McCullough Road, generally located northeast of the intersection of Wellborn Road and McCullough Road. The motion carried unanimously. 8.4. Public Hearing, presentation, discussion, and possible action approving Ordinance No. 2025-4644 vacating and abandoning a 0.082-acre portion of a 30-foot-wide Landscape, Access, and Public Utility Easement located along Lot 2, Block 4 of The Business Center at College Station Subdivision, Phase Two, Brazos County, Texas according to the plat recorded in Volume 3490, Page 267 of the Official Public Records of Brazos County, Texas. Regular Items 8.4 and 8.5 were presented together. 8.5. Public Hearing, presentation, discussion, and possible action approving Ordinance No. 2025-4645 vacating and abandoning a 0.252-acre portion of a 30-foot-wide Landscape and Utility Easement located along Lot 1R, Block 4 of The Business Center at College Station CCM 111325 Minutes Page 11 Page 20 of 346 Subdivision, Phase Three, Brazos County, Texas accordine to the plats recorded in Volume 3764, Page 130, and Volume 11640, Page 99 of the Official Public Records of Brazos County, Texas. Lucas Harper, Planning and Development, explained that the applicant seeks approval to vacate the Landscape, Access, and Public Utility Easement to build commercial buildings, drive aisles, and parking facilities within the easement area. The required utilities are currently located within the adjacent right-of-way and public utility easement, which crosses Lot 2, Block 4 of The Business Center at College Station Subdivision. The easement proposed for abandonment is approximately 550 feet northeast of Technology Way and Lakeway Drive. Additionally, Lucas Harper mentioned that the request to vacate the Landscape and Utility Easement stems from plans to construct a commercial facility on the site. Utilities are already positioned within the nearby right-of-way and public utility easement, spanning Lot 2 Block 4 and Lot 1R Block 4 of The Business Center at College Station Subdivision. The specific easement area to be abandoned lies roughly 550 feet northeast of the intersection of Technology Way and Lakeway Drive. This item was heard at the March 6th Planning and Zoning Commission meeting where the Commission voted 5-2 to recommend approval. At approximately 10:40 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:40 p.m. (8.4) MOTION: Upon a motion made by Councilmember Mcllhaney and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025-4644, vacating and abandoning a 0.082-acre portion of a 30-foot-wide Landscape, Access, and Public Utility Easement located along Lot 2, Block 4 of The Business Center at College Station Subdivision, Phase Two, Brazos County, Texas according to the plat recorded in Volume 3490, Page 267 of the Official Public Records of Brazos County, Texas. The motion carried unanimously. (8.5) MOTION: Upon a motion made by Councilmember Mcllhaney and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025-4645, vacating and abandoning a 0.252-acre portion of a 30-foot-wide Landscape and Utility Easement located along Lot 1R, Block 4 of The Business Center at College Station Subdivision, Phase Three, Brazos County, Texas according to the plats recorded in Volume 3764, Page 130, and Volume 11640, Page 99 of the Official Public Records of Brazos County, Texas. The motion carried unanimously. 8.6. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4646 amending Chanter 103, "Buildings and Buildine Regulations," Article III, "Technical Codes," Division 2, "Buildine Codes," and Division 3, "Electrical Code" adoptine the 2024 International Codes, the 2023 National Electrical Code (NEC), and related amendments. Brian Binford, Planning and Development, explained that this item is for the adoption of the latest International Codes (I -Codes) for College Station, replacing the 2021 I -Codes and 2020 NEC. Updated every three years by the International Code Council and the National Fire Protection Association, these codes enhance energy efficiency and public health and safety standards. Staff reviewed changes with the Greater Brazos Valley Builders Association on July 23, 2025 and copies of the 2023 NEC and 2024 I -Codes are available at Planning & Development Services. CCM 111325 Minutes Page 12 Page 21 of 346 The Construction Board unanimously recommended the updates on October 28, 2025, with staff suggesting an effective date of January 1, 2026. At approximately 10:47 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:47 p.m. 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. 2025-4646, amending Chapter 103, "Buildings and Building Regulations," Article III, "Technical Codes," Division 2, "Building Codes," and Division 3, "Electrical Code" adopting the 2024 International Codes, the 2023 National Electrical Code (NEC), and related amendments. The motion carried unanimously. 8.7. Presentation, discussion, and possible action regarding Ordinance No. 2025-4647 amending Chanter 16, "Fire Prevention and Protection," Article III, "Fire Code," Sections 16-51 and 16- 52 and Article IV, "Life Safety Code", Section 16-78. Cameron Giordano, Fire Marshall, explained that to ensure the City of College Station stays current with building trends in materials and techniques and maintains the safety of citizens, visitors, and firefighters, the newest codes and amendments were presented for adoption by the City Council. Staff recommends approval of the 2024 IFC and the 2024 NFPA-101 Life Safety Code and associated amendments. MOTION: Upon a motion made by Councilmember White and a second by Councilmember Mcllhaney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025- 4647, amending Chapter 16, "Fire Prevention and Protection," Article III, "Fire Code," Sections 16- 51 and 16-52 and Article IV, "Life Safety Code", Section 16-78. The motion carried unanimously. 8.8. Presentation, discussion, and possible action regarding the Veterans Park and Midtown area baseball field projects. Michael Ostrowski, Chief Development Officer, explained that this item is intended to seek guidance from the Council regarding the next steps for baseball development, focusing on two key components: the championship field and the remaining complex consisting of eight additional fields. The Southern Route has submitted a proposal, and staff is seeking directions on how to proceed with both aspects. One option for the championship field, which may be the most expedient to build, involves the city constructing the field at the corner of Midtown Drive and Corporate Parkway Extension. We could also consider potential design modifications to increase capacity, particularly if there is an opportunity to accommodate a minor league team in the future. For the complex itself, we have received an opportunity from a private entity through Southern Routes. The question posed to the Council is whether you prefer to negotiate directly with this group or to initiate a request for proposals (RFP) to identify other potential respondents. Mayor Nichols opened for Citizen Comments. Uri Geva, College Station, addressed the Council, stating that the decision will not negatively impact the city's project with The Bombers baseball team. He expressed thanks for the Council's time and leadership. Mr. Uri mentioned working with city staff and Texas A&M's Olson Field as a potential location, highlighting the strong economic relationship between the city and the university. He CCM 111325 Minutes Page 13 Page 22 of 346 expressed confidence in the city's ability to expedite the project and suggested that games in 2027 could still be possible, perhaps later in the season or even the playoffs. Mr. Geva emphasized his belief in the staffs capability to deliver results quickly and confirmed they are committed to staying in College Station. There being no further comments, Citizen Comments was closed. The Council directed City staff to immediately proceed with the construction of the championship field process, incorporating potential design modifications to accommodate future capacity expansion. Additionally, the Council authorized staff to enter into direct negotiations with the Southern Roots group for the complex portion of the project, forgoing the request for proposal process. Staff will also move forward with the design of the road and utility infrastructure to serve the property. 8.9. Presentation, discussion, and possible action on two deductive change orders related to the Veterans Park Baseball Fields Project: a deduction of $266,586.55 on the design contract with Pendulum Studio, LLC for design work and a deduction of $5,000 on the Construction Manager at Risk contract with Crain Group, LLC for pre -construction services. Jennifer Cain, the Capital Projects Director, reported that following the City Council's decision on October 23rd to halt work on the Veterans Park Baseball Fields Project, two open contracts need closing. The first is the design contract with Pendulum Studio, LLC, and the second is the Construction Manager at Risk contract with Crain Group, LLC. This action will officially reconcile both contracts due to the project's cancellation. Mrs. Cain explained that to date, $1,338,028 has been spent. The proposed deductive change orders will reduce the outstanding purchase orders by $271,586.55, allowing us to close them. In January 2026, Budget Amendment #1 will be presented to the Council to remove the remaining budget for this project from the Parks and Recreation Capital Improvement Projects Fund. MOTION: Upon a motion made by Councilmember Mcllhaney and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approve two deductive change orders related to the Veterans Park Baseball Fields Project: a deduction of $266,586.55 on the design contract with Pendulum Studio, LLC for design work and a deduction of $5,000 on the Construction Manager at Risk contract with Crain Group, LLC for pre -construction services. The motion carried unanimously. 8.10. Presentation, discussion, and possible action regarding Resolution No. 11-13-25-10 nominating candidate(s) for the Brazos Central Appraisal District Board of Directors. Tanya Smith, City Secretary, explained that two directors must be nominated for the Brazos Central Appraisal District Board starting January 1, 2026. Each entity can nominate one person per position. Susan Pesl, whose term ends December 31, 2025, is willing to continue if re -nominated by the City Council. A motion is needed to approve a resolution nominating Susan Pesl or another candidate. On December 1 lth, a resolution will be presented for the City of College Station vote regarding Susan Pesl's membership on the Board of Directors of the Brazos Central Appraisal District. MOTION: Upon a motion made by Councilmember Mcllhaney and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approve Resolution 11-13-25- 8.10, to nominate Susan Pesl's membership on the Board of Directors of the Brazos Central Appraisal District. The motion carried unanimously. CCM 111325 Minutes Page 14 Page 23 of 346 8.11. Presentation, discussion, and possible action regarding the appointments of the Impact Fee Advisory Committee. Tanya Smith, City Secretary, explained that the Impact Fee Advisory Committee's purpose is to formulate recommendations to the Council regarding Impact Fees for the Water system, Wastewater system, and Roadways. Additionally, at least every five years, the Committee will meet to review, discuss, and recommend to the City Council whether the Land Use Assumptions and the Capital Improvement Plan are reasonable, as well as a recommendation on the amount of the impact fees. Make Up and Requirements • Four (4) members from the real estate, development, or building industries who are not employees or officials of the City or a governmental agency; • Two (2) members of the Planning and Zoning Commission, one of them being the Chair or their designee; and • Two (2) ad hoc members. Term - The committee member term is three (3) years. Terms are limited to six (6) consecutive years. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve the appointments as directed by staff. The motion carried unanimously. • Jason Cornelius, P&Z (Chair) • Marc Chaloupka, P&Z member • Chandler Arden, member • John Magruder, member • James Murr, member • Julie Schultz, member • Valen Cepak, Ad Hoc member • Richard Woodward, Ad Hoc member 10. 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. Mayor Nichols recognized the loss of former Mayor Gary Halter. 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Shafer reported on Art Center Brazos Valley, and the Bicycle, Pedestrian and Greenway's Advisory Board. CCM 111325 Minutes Page 15 Page 24 of 346 Mayor Nichols reported on Compensation and Benefits Committee. 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 subiect of a request will be limited to a proposal to place the subiect on the agenda for a subsequent meeting. Councilmember Wright requested an item exploring the possibility of creating a State of the City Adress. Councilmember Mcllhaney requested an item to discuss the possibility of adopting an ordinance requiring a super -majority of Council to override a previous vote of the Planning and Zoning Commission. In accordance with the Texas Government Code the Council reconvened into Executive Session at 11:19 p.m. on November 13, 2025, to continue discussing matters pertaining to: §551.072-Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 8 acres of land located at 1508 Harvey Road. • Approximately 28 acres of land generally located at Midtown Drive and Corporate Parkway in the Midtown Business Park. • Property located within the Midtown Business Park. • Property generally located in the 3100 block of Harvey Road. §551.074-Personnel, deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • City Manager • City Judge • Internal Auditor • City Attorney • City Secretary • Council Self -Evaluation §551.087-Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the City; to wit: • Economic development agreement with Corinth Group, Inc. • Economic development agreement for a development within the Midtown Business Park relating to baseball fields. • Economic development agreement with College Station Town Center, LP. • Economic development agreement for a development generally located at the intersection of University Drive and College Avenue. • Economic development agreement for a development generally located in 3100 block of Harvey Road. • Economic development agreement between the City and CS Science Park, LLC as assigned to OGC College Station Park, LP. CCM 111325 Minutes Page 16 Page 25 of 346 Executive Session recessed at 12:50 a.m. 13. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 12:50 a.m. on Friday, November 14, 2025. John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary CCM 111325 Minutes Page 17 Page 26 of 346 November 24, 2025 Item No. 7.2. Annual Electric Padmount Equipment Repair and Restoration Sponsor: Glenn Gavit Reviewed By CBC: N/A Agenda Caption: Presentation, discussion, and possible action on a contract with Utility Restoration Services, Inc. for Annual Padmount Equipment Repair and Restoration in the amount of $499,803.52. Relationship to Strategic Goals: Financial Sustainability Core Services and Infrastructure Recommendation(s): Staff recommends awarding a one-year contract to Utility Restoration Services, Inc. for padmount repair and restoration services in an amount not to exceed $499,803.52, with the option for up to two additional one-year renewals. Summary: In 2013, College Station Utilities (CSU) initiated a preventive maintenance program to extend the service life of padmounted electrical equipment, including transformers, junction boxes, and switchgear, by addressing conditions that contribute to premature failure, such as corrosion, worn paint, fireant mounds, vegetation growth, and unlevel foundations. This program provides for the inspection, maintenance, and repair of padmounted equipment as included in the approved budget. Performing this preventive maintenance reduces premature equipment failures and replacement needs, while improving customer service by minimizing extended or unplanned outages to customers served by these devices. RFP No. 26-004 for padmount restoration services was issued on September 16, 2025, and opened on October 8, 2025. One proposal was received, from Utility Restoration Services, Inc., which was evaluated and selected based on the company's proven record of satisfactory performance with the City over the past several years. Budget & Financial Summary: Funds for this project are available in the Electric Capital Improvements Project Budget. Attachments: 1. ITB #26-004 BID TABULATION 2. 26300076--Vendor Signed Page 27 of 346 26-004 BID TABULATION ANNUAL PRICE AGREEMENT FOR PAD -MOUNT EQUIPMENT REPAIR & RESTORATION 10/8/25 @ 2:00 P.M. TRANSFORMER INSPECTION ITEM Transformer Inspection Transformer Inspection Transformer Inspection IUTILITY RESTORATION SERVICES EXTENDED DESCRIPTION QTY UNIT UNIT PRICE PRICE Open /Accessible ( immediate vicinityof road/ parkinga area) 85 ea $40.00 $3,400.00 Back lot/Accessible (unit is more than 50' from road, but not enclosed in a fence 85 ea $40.00 $3,400.00 Fenced /inaccesable (units are in fenced yard) 680 ea $95.00 $64,600.00 TRANSFORMER INSPECTIONS TOTAL I $71,400.001 SINGLE-PHASE PAD -MOUNTED EQUIPMENT TOTAL BCJB-1 & BCJB-3 BCT Brush DI Contractor to furnish labor and material to apply epoxy base coat to one (1) single phase pad mount junction box. Contractor to furnish labor and material to apply epoxy base coat to one (1) single phase pad mount transformer Contractor to furnish labor and material to remove all brush and debris located within five (5) feet of the sides or back and ten (10) feet in front of pad -mount transformers, J-boxes and switchgears. This unit to be paid per asset. Contractor to furnish labor to remove all debris inside one (1) single phase pad mounted transformer or junction box bib level. This removal includes but is not limited to insects, rodents, animals, nests, fire ants, etc. City will furnish fire ant or insect preventative agent for the Contractor to install inside the transformer or junction box. 366 200 100 165 ea ea ea ea $135.62 $135.62 $75.00 $62.10 $49,636.92 $27,124.00 $7,500.00 10,246.50 ITB 26-004 1 Page 28 of 346 26-004 BID TABULATION ANNUAL PRICE AGREEMENT FOR PAD -MOUNT EQUIPMENT REPAIR & RESTORATION 10/8/25 @ 2:00 P.M. TRANSFORMER INSPECTION IUTILITY RESTORATION SERVICES EXTENDED ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE Contractor to furnish labor to remove all debris inside one (1) single phase pad mounted transformer or junction box bib level. This removal includes but is not limited to insects, rodents, animals, nests, fire ants, etc. City will furnish fire ant or insect preventative agent for the Contractor to install inside D2 the transformer or junction box. 20 ea $77.12 $1,542.40 Contractor to furnish labor and decals to remove and replace all warning decals and identification number on one (1) underground asset. Should the existing decals and identification number be missing on the existing transformer, new identification shall be placed on the refurbished underground asset. Contractor will furnish all decals and Decal identification numbers required to be installed. 450 ea $25.00 $11,250.00 Contractor to furnish labor and materials to remove andre- install steel decorative fence as necessary to restore and paint pad -mount transformer. This unit to be paid by lineal foot of Fence existing fence. 85 if $10.00 $850.00 Contractor to provide coordinates using map grade GPS GPS/GLSS software on all CSU assets inspected and restored 667 ea $1.00 $667.00 Contractor to furnish labor and materials to remove all landscape bushes, shrubs and trees located within five (5) feet of the side or back and ten (10) feet in front of pad -mount Landscape transformer. This unit is to be paid per transformer. 35 ea $75.00 52,625.00 ITB 26-004 2 Page 29 of 346 26-004 BID TABULATION ANNUAL PRICE AGREEMENT FOR PAD -MOUNT EQUIPMENT REPAIR & RESTORATION 10/8/25 @ 2:00 P.M. TRANSFORMER INSPECTION IUTILITY RESTORATION SERVICES EXTENDED ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE Contractor to furnish labor and materials to lwcwl one (1) Leveling existing single- phase pad. 267 ea $75.00 $20,025.00 Contractor to furnish labor and materials to repair and restore all corrosion holes and divots on a underground asset. This MR unit to be paid by square foot of repair 445 sf $50.00 $22,250.00 Contractor to furnish labor and materials to replace one (1) missing or defective penta head bolt on one (1) single-phase PB pad -mount transformer or junction box. 27 ea $25.00 $675.00 Contractor to furnish labor and materials to replace one (1) damaged penta head bolt and locking assembly on one (1) PBA single -phased pad -mount transformer or junction box. 35 ea $118.00 $4,130.00 Contractor to furnish labor to add or replace one (1) pad lock on pad -mount transformer or junction box. City to furnish pad PL lock 267 ea $1.00 $267.00 ITB 26-004 3 Page 30 of 346 26-004 BID TABULATION ANNUAL PRICE AGREEMENT FOR PAD -MOUNT EQUIPMENT REPAIR & RESTORATION 10/8/25 @ 2:00 P.M. TRANSFORMER INSPECTION I UTILITY RESTORATION SERVICES EXTENDED ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE Contractor to furnish labor and materials to raise one (1) single-phase pad up to existing grade. This unit includes raising the pad up to 4". Top of pad to be 2" above exisiting R4" ground line. 267 ea $80.00 $21,360.00 Contractor to furnish labor and materials to raise one (1) single-phase pad 4.1" - 6", to existing grade. This unit includes raising the pad up to 4-1" to 6". Top of pad to be 2" R6" above exisiting ground line. 100 ea $95.00 $9,500.00 Contractor to furnish labor and materials to apply rust converter to effected areas on one (1) single-phase pad -mount RC transformer or junction box. 235 ea $77.05 $18,106.75 Contractor to furnish labor and materials to remove all rust and loose debris accumulated on metal services of one (1) RR single-phase pad -mount transformer or junction box. 370 ea $136.79 $50,612.30 Contractor to furnish labor and materials to apply epoxy top TCJB coat to one (1) single-phase pad -mount junction box. 10 ea $117.12 $1,171.20 Contractor to furnish labor and materials to apply epoxy top TCT coat to one (1) single-phase pad -mount transformer. 367 ea $117.12 $42,983.04 Contractor to furnish labor to install and connect fault indicator to single-phase pad -mount transformer (skirt pre- UM6-4-2a drilled). See Assembly Drawing. 100 ea $ 65.00 $6,500.00 UM6-4-2b indicator to single-phase pad -mount transformer (include 267 ea $ 89.00 $23,763.00 SINGLE-PHASE PAD -MOUNTED EQUIPMENT TOTAL i TOTAL $332,785.111 ITB 26-004 4 Page 31 of 346 26-004 BID TABULATION ANNUAL PRICE AGREEMENT FOR PAD -MOUNT EQUIPMENT REPAIR & RESTORATION 10/8/25 (i 2:00 P.M. TRANSFORMER INSPECTION UTILITY RESTORATION SERVICES ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE J-BOX & THREE PHASE PA -MOUNTED TRANSFORMERS AND ASSEMBLY UNIT PRICES 3ph-75-500 3PH-750-2500 3PH-J-Box 3PH-SWGR Three phase 75 KVA to 500 KVA. Treat Rust areas and paint with base & top coat epoxy outside and inside compartment areas, where possible and re -install decals and numbers Three phase 75 KVA to 2500 KVA. Treat Rust areas and paint with base & top coat epoxy outside and inside compartment areas, where possible and re -install decals and numbers Three phase J-Box. Treat Rust areas and paint with base & top coat epoxy outside and inside compartment areas. base & top coat epoxy outside and inside compartment areas. 37 20 20 5 ea ca ca ea $1,215.18 $1,618.27 $475.00 $1,618.27 $44,961.66 $32,365.40 $9,500.00 $8,091.35 THREE- PHASE PAD -MOUNTED EQUIPMENT TOTAL TOTAL I $94,918.411 SINGLE-PHASE AND THREE PHASE POLE -MOUNTED TRANSFORMERS AND ASSEMBLY UNIT PRICES 3PH-75-167 Rust areas and paint with base & top coat epoxy outside and 7 I ea $100.00 I $700.00 POLE -MOUNTED EQUIPMENT TOTAL TOTAL T $700.00 GRAND TOTAL $499,803.52 ITB 26-004 5 Page 32 of 346 CONTRACT & AGREEMENT ROUTING FORM Crr [1!• Co1JrUr: SUET EON Hoag affe m.AtiM!M+.ra:ry CONTRACT#: 26300076 PROJECT #: EL30000742 BID/RFP/RFQ#: 26-004 Project Name / Contract Description: Annual Price Agreement for Pad -Mount Equipment Repair & Restoration Name of Contractor: CONTRACT TOTAL VALUE: Utility Restoration Services, Inc. $ 499,803.52 Debarment Check n Yes ICI No n N/A Section 3 Plan Incl. Yes No N/A Grant Funded Yes No ICI If yes, what is the grant number:I Davis Bacon Wages Used Yes Buy America Required Yes Transparency Report n Yes • No No ICI NEW CONTRACT RENEWAL # nCHANGE ORDER # ❑ OTHER No • N/A N/A N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Bid solicited Online: 09/16/25-10/08/25 - One response received Budget is included in FY26 Electric capital funds. EL30000742-EDIU-CONSTRUCT (If required)* CRC Approval Date*: N/A Council Approval Date*: 11/24/25 Agenda Item No*: 7.3 --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: PR/ Performance Bond: LKP Payment Bond: LKP Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL (J L cum atAA,ln, 10/14/2025 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) 9.12.23 UPDATED DATE DATE DATE DATE DATE DATE Page 33 of 346 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT This Agreement is entered into by and between the City of College Station, a Texas home -rule municipal corporation (the "City") and Utility Restoration Services, Inc. (the "Contractor") for the construction and/or installation of the following: ANNUAL PRICE AGREEMENT FOR PAD -MOUNT EQUIPMENT REPAIR & RESTORATION (ITB #26-004) 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted. 1.02 City. The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 City's Consultant. The term "City's Consultant" or "Consultant" shall mean and be understood as referring to the City's design professional(s) for the Project. 1.04 City's Representative. The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent. 1.05 Contract Amount. The term "Contract Amount" shall mean the amount of Contractor's lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor's Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in consideration of the Contractor's final completion of all Work in conformity with this Agreement, the City shall pay the Contractor an amount not to exceed: Four hundred ninety-nine thousand, eight hundred three dollars and 52 /100 Dollars ($ 499,803.52 ). 1.06 Contract Documents. The term "Contract Documents" shall mean those documents listed in Paragraph 2.01. 1.07 Contractor. The term "Contractor" shall mean the person(s), partnership, or corporation who has agreed to perform the Work contemplated in this Agreement and the other Contract Documents. 1.08 Contractor's Proposal. The term "Contractor's Proposal" shall mean the document provided by the Contractor in response to, and shall include all information required by the City's Request for Proposal/Invitation to Bid for the Project. 1.09 Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.10 Final Completion. The term "Final Completion" shall mean that all the Work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page I 1 Page 34 of 346 1.11 Hazardous Substance. The term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which is defined as a hazardous substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean- up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). 1.12 Environmental Laws. The term "Environmental laws" shall mean collectively, any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws. 1.13 Interuretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.14 Nonconforming work. The term "nonconforming work" shall mean Work or any part thereof that is rejected by City's Representative as not conforming with the Contract Documents. 1.15 Parties. The "parties" are the City and the Contractor. 1.16 Price Escalation/De-Escalation. The terms "price escalation" or "price de-escalation" shall mean that the market for products that are specified herein is considered by both parties to be volatile, and sudden price increases or decreases could occur that are beyond the control of the Contractor, despite its best efforts. Therefore, the parties agree that if there is a bona fide increase or decrease to the Contractor of the material(s) specified herein, the supplier or City may request an equitable adjustment to this contract based on the Producer Price Index for Intermediate Goods, Table B, as it appears in the "Summary Data from the Producer Price Index News Release" as published by the U.S. Department of Labor, Bureau of Labor Statistics. The procedures for Price Escalation and Price De -Escalation are further outlined in Section 16 — Payment. 1.17 Proiect. The term "Project" shall mean the construction of an improvement to real property where the Work comprises either whole or a part of such construction and which may include construction by the City or separate contractors. 1.18 Proiect Manager. The term "Project Manager" shall mean the Contractor's Project Manager. The Project Manager shall assist the City in performing various administrative and oversight duties relating to the Work, subject to limitations in authority that must be verified by Contractor. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page l 2 Page 35 of 346 1.19 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contract with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.20 Substantially Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including retainage, however, shall be withheld until Final Completion and acceptance of the Work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.21 Work. The term "Work" as used in this Agreement shall mean the construction and services required by the Contract Documents and Exhibits, including any duly authorized change orders, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill its obligations. The Work may constitute the whole or a part of the Project. The Work includes but is not limited to all labor, parts, supplies, skill, supervision, transportation, services, and other facilities and all other items needed to produce, construct, and fully complete the Project. 1.22 Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2. CONTRACT DOCUMENTS 2.01 The Contract Documents and their priority shall be as follows: (a) This signed Agreement. (b) Addendum to this Agreement. (c) General Conditions, as may be applicable. (d) Special Conditions, as may be applicable. (e) Specifications, including the technical specifications set out at BCS Unified Design Guidelines ("Specifications"). (f) Plans. (g) Instructions to Bidders and any other notices to Bidders or Contractor. (h) Performance bond, Payment bonds, Bid bonds and Special bonds. (i) Contractor's Proposal. 2.02 Where applicable, the Contractor will be furnished three (3) sets of plans, specifications, and related Contract Documents for its use during construction. Plans and Specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03 The Contractor shall distribute copies of the Plans and Specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the Plans and Specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the Work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04 All drawings, specifications, and copies thereof furnished by the City shall not be re -used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the Plans and Specifications and "as built" drawings, are to be returned to the City on request at the completion of the Work. All Contract Documents, models, mockups, or other representations are the property of the City. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Pagel3 Page 36 of 346 2.05 In the event of inconsistencies within or between parts of the Contract Documents, the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more stringent requirement, either or both in accordance with the City's interpretation. The terms and conditions of this paragraph 2.05, however, shall not relieve the Contractor of any of the obligations set forth in paragraphs 8.01. and 8.02 of this Agreement. 3. AWARD OF CONTRACT 3.01 Upon the notice of intent to award of the contract by the City, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents, bonds, and certificates of insurance required herein. 3.02 Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the Work in the most expedient and efficient possible manner in order to complete the Work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the Project shall be commenced on the date to be specified in the City's written notice to proceed. The notice to proceed may not be given, nor may any Work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments, particularly those required under paragraphs 27 and 28 (Insurance & Bonds). 4. CITY'S REPRESENTATIVE 4.01 The Contractor shall forward all communications, written or oral, to the City through the City's Representative. 4.02 The City's Representative may periodically review and inspect the Work of the Contractor. 4.03 The City's Representative shall appoint, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the Work performed under this Agreement and ensure that said Work is performed in accordance with the Plans and Specifications. 4.04 The City's Representative shall interpret questions concerning the Contract Documents. The City's inspector has authority to reject any of the Work for failure to comply with the Contract Documents and/or applicable laws. 4.05 Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may, within two (2) days from receipt of such order, make written appeal to City's Representative for his decision. 5. INDEPENDENT CONTRACTOR 5.01 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the Work. The Contractor shall have ultimate control over the execution of the Work under this Agreement. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Agreement. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 4 Page 37 of 346 5.02 Standard of Care. The Work shall be performed in a good and workmanlike manner, and in accordance with this Agreement, and all applicable laws, codes, and regulations. The construction of the Project is subject to amendments and adjustments to the Contract required by any applicable changes in regulations or requested or approved by in writing by the City. If at any time during the progress of the Work the Contractor becomes aware of any errors or omissions in the Plans or Specifications for this Project or that the Agreement deviates from applicable legal requirements, Contractor shall promptly provide written notice thereof to the City. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. 5.03 The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the Work and fulfillment of this Agreement. The Contractor shall be responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. The subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project site during the progress of the Work, including at all times subcontractors are present at the Project site, a competent English speaking Project Manager and/or superintendent and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors. All directions given to the Project Manager and/or superintendent shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the Work, and lack of such supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5.04 Unless otherwise stipulated, the Contractor shall provide and pay for all labor, materials, tools, equipment, transportation, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the Work by the Contractor. Any additional work, material, or equipment needed to meet the intent of this provision shall be supplied by the Contractor without claim for additional payment, even though not specifically mentioned herein. 5.05 Any injury or damage to the Contractor or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6. DISORDERLY EMPLOYEES The Contractor agrees to employ only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City's Representative shall inform the Contractor in writing that any person or persons on the Project are, in his opinion, incompetent, unfaithful, or disorderly, such person or person shall be discharged from the Project and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7. HOURS OF WORK The Contractor may work Monday through Friday from 7 a.m. to 6 p.m., exclusive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime, weekends, and holidays only when approved in advance by the City's Representative. The time for Substantial Completion shall not be affected in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. 8. NATURE OF THE WORK 8.01 It is understood and agreed that the Contractor has, by careful examination, studied and compared the Plans and other Contract Documents, satisfied itself as to the nature and location of the Work, the conditions of Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 5 Page 38 of 346 the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the Work, the time needed to complete the Work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the Work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any Work that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02 Any design errors or omissions noted by the Contractor shall be reported promptly to the City, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. Any nonconformity discovered by or which reasonably should have been discovered or made known to the Contractor shall be reported promptly to the City. 8.03 If the Contractor fails to perform the obligations of Paragraphs 8.01. and 8.02., the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the City for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized or reasonably should have recognized such error, inconsistency, omission or difference and knowingly failed to report it to the City. 9. POST -AGREEMENT AWARD MEETINGS 9.01 Prior to the commencement of the Work, the parties shall meet and attend a post -agreement award meeting at the time and place determined by City's Representative. At the post -agreement award meeting, the parties shall meet, discuss, and finalize all schedules, including commencement date, and/or specifications submitted for review. No later than ten (10) days prior to the post -agreement award meeting, the Contractor shall submit to City's Representative the following documents: (a) Schedule for performance of the Work ("Construction Schedule"). Project Schedule contemplated, including the starting and ending date, as well as an indication of the completion of stages of Work hereunder. Such document, once approved by the City and, if applicable, the City's Consultant shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit E. If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. The Construction Schedule shall not be modified except by written change order. The Construction Schedule shall not exceed time limits current under the Contract Documents, shall be submitted with each pay application, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. (b) The names and addresses of all proposed subcontractors in writing. (c) Schedules of the starting and ending dates of subcontractors and the scope of Work contemplated for subcontractors. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page l 6 Page 39 of 346 (d) Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Project Superintendent/Manager. (e) For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the submission thereof. (f) Where applicable, materials procurement schedules and material supplier names, addresses and phone numbers. 9.02 The City's Representative, within five (5) working days after the initial post -agreement award conference or any other meetings, may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall thereafter sign the minutes and promptly return them to City's Representative. Where there is disagreement, City's Representative will make the final determination. 10. PROGRESS OF WORK 10.01 The Construction Schedule shall be in a detailed precedence -style critical path method ("CPM") or primavera-type format satisfactory to the City and the Consultant. The Construction Schedule shall also (i) provide a graphic representation of all activities and events that will occur during performance of the Work; (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as "Milestone Dates"). If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. 10.02 Further, the parties shall be subject to the following: (a) The Contractor shall submit a Construction Schedule and schedule of values at the initial post - agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's Construction Schedule submitted herein. The Contractor shall promptly resubmit a revised Construction Schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the Work with dates at which the Contractor will start the several parts of the Work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Pagel 7 Page 40 of 346 (g) conflicts will be avoided and the various work being done by and for the City shall be coordinated. In the event that it is determined by the City that the progress of the Work is not in accordance with the approved Construction Schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03 The process of approving the Construction Schedule and updates to the Construction Schedule shall not constitute a warranty by the City that any non -Contractor milestones or activities will occur as set out in the Construction Schedule. Approval of the Construction Schedule does not constitute a commitment by the City to furnish any City -furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the City of any delays or potential delays. In the event the Construction Schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any adjustment to the Construction Schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04 The Contractor shall also prepare a submittal schedule promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Consultant's approval. The Consultant's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (i) be coordinated with the Contractor's Construction Schedule; and (ii) allow the Consultant reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 10.05 In the event the City determines that the performance of the Work, as of a Milestone Date or otherwise, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime; (ii) supplying additional manpower, equipment, and facilities; and (iii) other similar measures (hereinafter referred to collectively as "Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The City's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the Construction Schedule. (a) The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the City under or pursuant to this Subparagraph. (b) The City may exercise the rights furnished the City under or pursuant to this Subparagraph as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents. 10.06 Work Stoppage. If in the judgment of either the City or City's Representative any of the Work or materials furnished is not in strict accordance with this Agreement or any portion of the Work is being performed Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 8 Page 41 of 346 so as to create a hazardous condition, they may, in their sole discretion, order the Work of the Contractor or any subcontractor wholly or partially stopped until any objectionable person, work, or material is removed from the premises. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement, including the time of performance and deadlines therefore, nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. 11. SITE CONDITIONS AND MANAGEMENT 11.01 Where the Contractor is working around or in existing structures, it shall verify conditions at the site, including but not limited to, door openings and passages. Any items constructed or manufactured off -site or outside of buildings shall be done so that they are not too bulky for existing facilities. The Contractor shall provide special apparatus as required to handle any such items. All special handling equipment charges shall be at the Contractor's expense. Further, Contractor shall include in its price for the Work, all labor, materials, equipment and/or engineering services required to protect the adjacent properties and/or structures from damage due to performance of the Work. 11.02 The Contractor shall be responsible for all power, light, and water required to perform the Work. 11.03 Throughout the progress of the Work, the Contractor shall keep the working area free from debris of all types, and remove from premises all rubbish, resulting from any work being done by him. At the completion of the Work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied and charged back to the Contractor. 11.04 Layout of Work. Except as specifically provided herein, the Contractor shall lay out all Work in a manner acceptable to City's Representative in accordance with applicable City of College Station codes and ordinances. City's Representative will review the Contractor's layout of all structures and any other layout work done by the Contractor at the construction meeting, or at the Contractor's request, but this review does not relieve the Contractor of the responsibility of accurately locating all Work in accordance with the Plans and Specifications. 11.05 Lines and Grades. All lines and grades shall be furnished by the Contractor. Benchmarks and control stakes have been provided by the City's Representative. All benchmarks and control stakes shall be carefully preserved by the Contractor. In case of destruction or removal of the same by the Contractor, its subcontractors, or employees, such stakes, marks, etc. shall be replaced by the Contractor at the Contractor's expense. If the Contractor fails to do so, the City may do so and charge back the Contractor. Additional construction staking as needed for the Work, including lines and grades, shall be the sole responsibility of the Contractor, and the Contractor shall receive no extra time or compensation therefor. 11.06 The Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as any information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the City and the Consultant any errors, inconsistencies or omissions discovered by or made known to the Contractor. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. Contractor acknowledges the City does not represent nor warrant the accuracy or completeness of information provided by the City related to existing conditions and locations of existing utilities and services. Such information if provided, is provided to the Contractor as a matter of convenience and does not substitute for the Contractor using due diligence to reasonably observe and or to Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 9 Page 42 of 346 access space to determine errors, inconsistencies or omissions. In all cases of interconnection of the Work with existing conditions, Contractor shall verify at the site all dimensions relating to such existing conditions. 11.07 Contractor's Structures. The building or locating of structures or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not damage the property where such structures are allowed and shall at all times maintain sanitary conditions in and about such structures in a manner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City, its property, or third persons as a result of the location or use of such structures. 11.08 The Contractor and any entity over whom the Contractor has control shall not erect any sign on the Project site without the prior written consent of the City. 11.09 City may have other work related to the Project performed at the Project site during the time the Work is performed. Contractor should schedule its Work to coordinate with the work of other contractors and utilities with the understanding that some of that work may be performed at times other than as set out in the Contract Documents or as otherwise anticipated. City will endeavor to have such other work performed so as not to unduly interfere with Contractor's performance when Contractor notifies City of specific reasonable needs well in advance of those needs and where it is possible to do so. In the event of substantial delay caused by another contractor or a utility, after advance notice of its needs by Contractor, Contractor will be entitled to make a claim for an extension of time as provided herein. 11.10 When two or more contractors, including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one contractor before another can begin, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor, including Contractor if applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separate contractor at the Project site, or should any claim arising out of Contractor's separate contractor at the Project site, or should any claim arising out of Contractor's performance of the Work be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by applicable laws, indemnify and hold City harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against City to the extent based on a claim arising out of Contractor's negligence. 12. MATERIALS 12.01 Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, codes, manufacturer's instructions and guarantees are required by the Contract Documents, the current edition at the time of Contract execution shall apply, unless another edition is specified in the Contract Documents. References to standards, codes, manufacturer's instructions and guarantees shall apply in full, except (1) they do not supersede more stringent standards set out in the Contract Documents, and (2) any exclusions or waivers that are inconsistent with the Contract Documents do not apply. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page110 Page 43 of 346 12.02 All materials shall be approved by the City prior to purchase by the Contractor. Unless otherwise specified herein, the Contractor shall purchase all materials and equipment outright and shall not subject the materials and equipment utilized in the Project to any conditional sales agreement, bailment, lease, or other agreement reserving unto seller any right, title, or interest therein. Title to all materials, but not risk of loss, shall pass to the City upon delivery to the Project. 12.03 Where the City deems it necessary to supply materials, it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. Moreover, the Contractor shall, on behalf of the City, accept delivery of the materials set forth in the attached "List of Materials Ordered by the City". Under such circumstances, the Contractor shall promptly forward to the City for payment the supplier's invoice together with the Contractor's receipt in writing for such materials. (a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials. (b) Further, the Contractor shall repair, repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative. (c) Before transporting any of the materials furnished or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. (d) The City shall not be obligated to furnish materials in excess of the quantities, size, kind, and type set forth in the attached List of City Furnished Materials and List of Materials Ordered by the City. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such excess materials shall be their actual cost as stated by the City. (e) Upon delivery, the Contractor shall promptly receive, unload, transport, and handle all materials and equipment on the List of Materials Ordered by the City at its expense and shall be responsible for all shipping costs. 12.04 Materials and supplies shall be new and of good quality. Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished, reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12.05 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly Contract No. �2n6300076 Electric Cons'tliiction Services Agreement Over $50,000 Form 08-30-2021 Page 111 Page 44 of 346 removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. 12.06 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 12.07 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 12.08 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 12.09 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. 12.10 The Contractor shall review for compliance with the Contract Documents, approve and submit to the City's Consultant Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the City's Consultant or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. 12.11 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the City and City's Consultant that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 12.12 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the City's Consultant. 12.13 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the City's Consultant's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the City's Consultant in writing of such deviation at the time of submittal and (1) the City's Consultant has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the City's Consultant's approval thereof. 12.14 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the City's Consultant on previous submittals. In the absence of such written notice, the City's Consultant's approval of a resubmission shall not apply to such revisions. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 12 Page 45 of 346 12.15 Contractor shall be liable for and the City may withhold from Contractor's payments any amount of additional fees charged by City's Consultant for excessive resubmittal review. 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01 The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. 13.02 The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the Work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the Work will be ready for observation. 13.03 The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the Plans, Specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if said work is in accordance with the -Plans, -Specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04 City shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further, insurance changes required to keep Contractor's insurance in effect shall be the responsibility of Contractor. 14. REJECTED WORK 14.01 All work deemed not in conformity with this Agreement as determined by the City in its sole discretion, may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations, inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the Work in accordance with the requirements of this Agreement and the other Contract Documents. 14.02 If the work or any part thereof is rejected by the City, it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: (a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page113 Page 46 of 346 (b) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion. 14.03 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the City's Consultant's additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. 15. SUBCONTRACTING & SUBCONTRACTORS 15.01 The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02 Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the Work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Every subcontractor shall be bound by the terms and provisions of this Agreement and the Contract Documents as far as applicable to their work. Contractor's subcontract agreement shall provide that subcontractors shall assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the subcontractor's Work, which the Contractor, by these Documents, assumes toward the City and Consultant. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. 16. PAYMENT 16.01 The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such, is exempt from the payment of the sales tax on materials and supplies used in the performance of this Agreement. The Contractor shall issue exemption certificates to its suppliers and subcontractors in lieu of said sales tax for all such materials and supplies, and said exemption certificates must comply with the State Comptroller's Ruling No. 95-0.07 and shall be subject to the provision of the State Comptroller's Ruling No. 95- 0.09, effective October 1, 1969. 16.02 Progress Payment Applications. The Contractor shall submit applications for payment as provided for herein. Applications for payment will be processed by City's Representative. Before the first Application for Payment, the Contractor shall submit to the City a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City may require ("Schedule of Values"). The Schedule of Values shall not overvalue early job activities and shall follow the trade divisions of the Specifications so far as possible. Modifications must be approved by City. This schedule, unless objected to by the City, shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit F. The Schedule of Values shall be used as a basis for reviewing the Contractor's Applications for Payment. On or before the 15th day of each month, the Contractor shall submit to City's Representative, for approval or Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 114 Page 47 of 346 modification, a statement, backed by the Schedule of Values, showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to and including the last day of the preceding month. The statement shall also include the value of all materials not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the Work. 16.03 Progress Payments. On or before the 30th calendar day following the City's receipt of a progress payment application made in conformity with Paragraph 16.02, the City shall pay to the Contractor the approved amount of the progress payment based on the Contractor's applications for payment, and the recommendation and approval of City's Representative. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of Work completed by the Contractor and approved by the City, but in each case less the aggregate of payments previously made, less retainage, and less amounts as City's Representative shall determine and the City may withhold in accordance with this Agreement. Upon Final Completion, including the delivery of all close out documents, such as "as built" drawings, warranties, guarantees, required additional materials, releases, operation and maintenance manuals, and acceptance of the Work in accordance with this Agreement, the City shall pay the remainder of the balance due under this Agreement, less any sums withheld under other terms of this Agreement and less the retainage, which shall be retained for a period of thirty (30) calendar days from the date of Final Completion. Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. 16.04 Retainage. From each approved statement, the City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. OR: 16.04 Retainage. This section has been removed. No retainage will be deducted. 16.05 If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06 Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re -stocking charges actually incurred by the Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07 The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the Work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09 Unless otherwise provided in the Contract Documents: Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 15 Page 48 of 346 (a) Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; (b) Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Amount but not in the allowances; and (c) Whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Paragraph 16.9(a) and (2) changes in the Contractor's costs under Paragraph 16.9(b). 16.10 Suspension of Payments. The City, at any time, may suspend monthly progress payments on the Work if it determines that the projected liquidated damages may exceed retainage. The City, at any time, may suspend monthly progress payments if it believes that the Contractor will not complete the Work due to actual default or that the Contractor has represented or done some act that indicates that it will not complete the Work in accordance with this Agreement or within the time period submitted in its bid. Provided, however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Paragraph. 16.11 Withhold Funds. Regardless of any bond, the City may, on account of subsequently discovered evidence and in addition to the retainage withheld under Paragraph 16.04, withhold funds or nullify all or part of any acceptance or certificate to such extent as may be necessary to protect itself from loss on account of any of the following, or as otherwise provided in this Agreement: (a) Defective work. (b) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. (c) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. (d) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. (e) Claims made or reasonable evidence indicating claims will be made for damage to third parties, including adjacent property owners. (f) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. (g) City's determination of an amount of liquidated damages. (h) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. (i) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 16 Page 49 of 346 (j) Corrections of mistakes, errors and overpayments in relation to prior pay applications and payments. Provided, however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Paragraph. 16.12 Price Escalation/De-Escalation. The parties agree that the Contractor has based its bid on certain pricing assumptions of materials to be incorporated into the work specified herein. However, the market for products that are specified herein is considered by both parties to be volatile, and sudden price increases or decreases could occur that are beyond the control of the Contractor, despite its best efforts. Therefore, the parties agree that if there is a bona fide increase or decrease to the Contractor of the material(s) specified herein, the Contractor or City may request an equitable adjustment to this contract based on the Producer Price Index for Intermediate Goods, Table B, as it appears in the "Summary Data from the Producer Price Index News Release" as published by the U.S. Department of Labor, Bureau of Labor Statistics. This index shall be referred to as the materials index. Bids may only be adjusted semi-annually. Contractors are required to give a 30-day written notice before price increases. The bid, as submitted herein as part of this Contract, is considered the base price for the materials specified herein as of N/A and shall remain in effect for 6 months hereafter called the reference base period. Prices may be adjusted semi-annually each year, based upon the percent changes (whether up or down) in the special index specified herein, between the reference base period N/A and of the most recent year. All calculations for the special index shall be based upon the latest versions of the Producer Price Index data published as of July 20th and January 20th of each year. Under no circumstances shall the bid prices increase, in aggregate, more than ten percent (10%) during the course of the Contract and any subsequent renewals. Any Contract awarded with an escalation clause shall be subject to de-escalation provisions in favor of the City in the same or similar manner in the event of cost reductions. 17. EXTRA WORK CHARGES 17.01 No changes shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02 City Manager Approval. When the original contract amount plus all change orders is One Hundred Thousand Dollars ($100,000) or less, the City Manager or his designee may approve the written change order in accordance with 17.03 below, provided the change order does not increase the total amount set forth in the Contract to more than One Hundred Thousand Dollars ($100,000). For such contracts, when a change order results in a total contract amount that exceeds One Hundred Thousand Dollars ($100,000), the City Council of the City must approve such change order prior to commencement of the services or work. ❑� 17.03 For "Extra Work", as defined in Paragraph 1.09 and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original Contract price may not be increased by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 17 Page 50 of 346 or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non -included cost. OR: ❑ 17.03 For construction contracts funded in whole or in part by Certificates of Obligations, for "Extra Work," as defined in Paragraph 1.09 and authorized through written change orders, and pursuant to Section 271.060 of the Texas Local Government Code, a contract with an original contract price of $1 million or more may not be increased by more than twenty-five percent (25%). If a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than $1 million increases the Contract Amount to $1 million or more, subsequent change orders may not increase the revised Contract Amount by more than twenty-five percent (25%). Written change orders may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non -included cost. 17.04 The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Completion of the Work shall not excuse the Contractor from performing all the Work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the Work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the Work and the Contractor shall assume and pay the costs of the performance of the Work as contracted. (a) It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a written work order signed by City. (b) No claim for Extra Work of any kind will be allowed unless ordered in writing by the City. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive compensation or an adjustment in the construction time, it shall make written request to City's Representative for a written order from City authorizing such Extra Work. (c) Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the Work after making written requests for written orders in a change order and shall keep adequate and accurate account of the actual field costs therefor, as provided under Method C. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 18 Page 51 of 346 (d) It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Method A — By agreed unit prices, or Method B — By agreed lump sum, or Method C — If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost (as defined in subsection (g) below) of the Work. (e) Method A - Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as follows: (1) The cost of materials shall be determined by the invoices; (2) The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, workers' compensation, and all other insurance as may be required by law or ordinances or required and agreed to by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1) No indirect or consequential damages will be allowed. (2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned man loading to actual man loading, or any other analysis that is used to show damages indirectly. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 119 Page 52 of 346 (3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION, CONTRACT TERM, RENEWAL, and EXTENSION 18.01 Time of the Essence. The date of beginning, the time for Substantial Completion and Final Completion of Work as specified in this Agreement are of the essence of this Agreement. 18.02 Notice to Proceed. The Work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post - award conference. 18.03 The Work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. 18.04 Final Completion. The Work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 18.05 Contract Term, Renewal, and Extension. The original term of this Contract shall be for one (1) year from the effective date of this contract. Thereafter, upon the mutual consent of both parties, including budget approval by the City, this Contract may be renewed on an annual basis, under the same terms and conditions, for up to two (2) additional years (three (3) years total). The renewal will be under the same terms and conditions as the original contract; provided, however, that the unit prices bid under the original contract may, by mutual agreement, be increased by no more than ten percent (10%) of the original contract price. In the event a new contract cannot be executed at the anniversary date of the original term or any renewal term, the contract may be renewed month -to -month until a new contract is executed. 18.06 Funding Out Provision. If, for any reason, City funds are not appropriated to continue the contract, the Contract shall become null and void and shall terminate. 19. SUBSTANTIAL COMPLETION 19.01 The Contractor shall notify City's Representative when, in the Contractor's opinion, the Contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the Work has been Substantially Completed, City's Representative shall inspect the Work for the preparation of a final punch list. (a) If City's Representative and the City find that the Work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the Work. City's Representative shall not be required to provide a list of unfinished work. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 20 Page 53 of 346 (b) If the City Representative and City find that the Work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19.02 The Substantial Completion of the Work shall not excuse the Contractor from performing all of the Work, whether of a minor or major nature, necessary for Final Completion and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01 Contractor shall notify the City's Representative when it believes that the Work has reached Final Completion as defined in Paragraph 1.08. If the City's Representative and the City accept and deems such Work Finally Complete, then Contractor shall be so notified and certificates of completion and acceptance, as provided herein, shall be issued. A complete itemized statement of this Agreement account, certified by the City's Representative as correct, shall then be prepared and delivered to Contractor. Contractor or City, as the case may be, shall pay the balance due as reflected by said statement within thirty (30) calendar days. 20.02 The Contractor shall procure all required certificates of acceptance or completions issued by state, municipal, or other authorities and submit the same to the City. The City may withhold any payments due under this Agreement until the necessary certificates are procured and delivered. 20.03 Neither the final payment nor any acceptance nor certificate nor any provision of this Agreement shall relieve the Contractor of any responsibility for faulty workmanship or materials. At the option of the City, the Contractor shall remedy any defects and pay for any damage to other work which may appear after final acceptance of the Work. 21. DELAYS 21.01 The Contractor, in undertaking to complete the Work within the times herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such Work, whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise. 21.02 The City may, in its sole discretion, delay the Work during inclement weather in order to preserve the Project, insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Paragraph 22 to offset for such stoppage of the Work. 21.03 No payment or compensation of any kind shall be made to the Contractor for damages because of hindrance or delay in the progress of the Work, unless such delays (1) are caused by the actual interference, fraud, bad faith or misrepresentation by the City or its agents, (ii) extend for an unreasonable length of time; or (iii) were not contemplated by the parties at the time of contracting. In the event of any delay entitling Contractor to an increase in Contract Amount, except when due to City's intentional interference or fraud, Contractor's recovery shall be limited as outlined in subsection 21.04 below. The City's reasonable exercise of any of its rights or remedies under the Contract, regardless of the extent or frequency, shall not under any circumstances be construed as interference with the Contractor's performance of the Work. 21.04 In the event of delays resulting from changes ordered in the Work by the City or other delays caused by the City or for the City's convenience, the Contractor may apply to the City for recovery of incidental damages resulting from increased storage costs or other costs necessary to protect the value of the Work. In no event shall Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 21 Page 54 of 346 any consequential or other damages be allowed or any other charges or claims be made by the Contractor for hindrances or delays resulting from any other cause. 22. EXTENSIONS OF TIME 22.01 The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including, but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completion, except when the Work has been delayed by one or more of the following: (a) An act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; (b) By changes ordered in the Work, or reductions thereto approved in writing; (c) By "rain days" (days with rainfall in excess of one -tenth of an inch) during the term of this Agreement that exceed the average number of rain days for such term for this locality, both as determined by the Texas A&M University weather service; or (d) By other causes that the City and the Contractor agree may reasonably justify delay and that were beyond the Contractor's reasonable control and ability to estimate, predict, or avoid, such as delays caused by unforeseen labor disputes, fire, natural disasters, acts of war, and other rare and unpredictable events. This term does not include normal delays incident to the delivery of materials, tools, or labor that reasonably could have been predicted and/or accounted for in the Contractor's Proposal or decision to bid. 22.02 If one or more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time, within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required by the City's Representative. Within ten (10) calendar days after receipt of a written request for an extension of time, which is supported by all requested documentation, the City shall, in writing and in its sole discretion, grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing and in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01 The time for the Substantial and Final Completion of the Work described herein are reasonable times for the completion of each, taking into consideration all conditions, including but not limited to the average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor's failure to meet the deadlines for Substantial and/or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 As a result of the difficulty in estimation, calculation and ascertainment of City's damages due to a failure of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the Work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Paragraph 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page122 Page 55 of 346 permanently withhold from the Contractor's total compensation the sum of Three -Hundred and 00 /100 DOLLARS ($ 300.00 ) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01 The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02 The Contractor shall take the necessary precautions to protect any areas adjacent to its Work. 24.03 The Work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01 Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (1) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative, and all work will be of good quality, free from faults and defects, and in conformance with this Agreement, the other Contract Documents, and recognized industry standards. 25.02 All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03 This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04 Where more than a one (1) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. 25.05 This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 25.06 Defective Work Discovered During Warranty Period. If any of the Work is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this Agreement within one (1) year after the date of the issuance of a certificate of Final Completion of the Work or a designated portion thereof, whichever is longer, or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall promptly, upon receipt of written notice by the City , correct the defective work at no cost to the City. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page23 Page 56 of 346 25.07 The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08 If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the Work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the Work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09 The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10 The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (1) year after the installation or completion. The one (1) year warranty shall cover all Work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the Work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01 Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02 Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Paragraph 26.01, the Contractor or subcontractor as the case may be shall pay the City sixty dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03 The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable, without discount, no less than once each week. 26.04 No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll and that no rebates or deductions (except as shown) have been made or will be made in the future from the wages therein shown. 26.05 Payment of Subcontractors. The Contractor shall be solely and exclusively responsible for compensating any of the Contractor's employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by the City. In the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the Work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 24 Page 57 of 346 Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 26.06 Affidavit of Bills Paid. Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 27. INSURANCE 27.01 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth below. During the term of this Agreement Contractor's insurance policies shall meet the minimum requirements of this section. 27.02 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Excess Liability — required for contract amounts exceeding $1,000,000. (d) Builder's Risk — provides coverage for contractor's labor and materials for a project during construction that involves a structure such as a building or garage, builder's risk policy shall be written on "all risks" form. (e) Workers' Compensation/ Employer's Liability. 27.03 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Only licensed Insurance Carriers authorized to do business in the State of Texas will be accepted. (b) Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. (c) "Claims Made" policies are not accepted. (d) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City of College Station. (e) The City of College Station, its agents, officials, employees and volunteers, are to be named as "Additional Insured" to the Commercial General, Umbrella and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officials, employees or volunteers. 27.04 Commercial General Liability. The following Commercial General Liability requirements shall apply: Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 25 Page 58 of 346 (a) General Liability insurance shall be written by a carrier rated "A:VIII" or better in accordance with the current A.M. Best Key Rating Guide. (b) Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. (c) Coverage shall be at least as broad as ISO form GC 00 01. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for the City's review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. 27.05 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated "A:VIII" or better in accordance with the current A.M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned autos, leased or rented autos, non -owned autos, any autos and hired autos. (e) Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1,000,000.00, where such exposures exist. 27.06 Excess Liability. The following Excess Liability requirements shall apply: Unless otherwise agreed in writing, excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the Agreement, whichever is greater, per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000 in total value. 27.07 Additional Insured. Those policies set forth in Paragraphs 27.04, 27.05, and 27.06 shall contain an endorsement listing the City as Additional Insured and further providing that the Contractor's policies are primary to any self-insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form acceptable to the City. Waiver of subrogation in a form acceptable to the City shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 26 Page 59 of 346 coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached hereto as Exhibit C, and approved by the City before Work commences. 27.08 Builder's Risk Until the Work is completed and accepted by the City, the Contractor shall purchase and maintain builder's risk insurance upon the entire Work at the Project site to the full insurable value thereof The builder's risk insurance shall also cover portions of the Work stored off site after written approval of the City of the value established in the approval, and also portions of the Work in transit. This insurance shall include the interests of the City, the Contractor, subcontractors and sub -subcontractors in the Work and shall insure against the perils of fire, wind, storm, hail, lightning and extended coverage including flood and earthquake and shall include all-risk insurance for physical loss or damage, including, without duplication of coverage, theft, vandalism and malicious mischief. The insurance shall cover reasonable compensation for City's Consultant's services and expenses required as a result of an insured loss. This must be an all-risk policy incorporating the following language: Permission is given for the Project insured hereunder to become occupied, the insurance remaining in full force and effect until such time as the Project has been accepted by the City, all as currently approved by the Texas Board of Insurance Commissioners When permissible by law, the Certificate of Insurance must include the names of the insured Contractor and the City. The deductible under the policy, including that for flood shall not exceed $100,000.00 without the written approval of the City. 27.09 Workers' Compensation/Employer's Liability Insurance. The following Workers' Compensation Insurance requirements shall apply. (a) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers' compensation insurance policy: either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers' Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. (b) Workers' Compensation/ Employer's Liability insurance shall include the following terms: 1. Employer's Liability minimum limits of $1,000,000.00 for each accident/each disease/each employee are required. 2. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. 3. Texas must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. Contract No. 26300076 Electric Construction Services Agreement Over s50TQ®e text here Form 08-30-2021 Page127 Page 60 of 346 (c) Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: "A. Definitions: Certificate of coverage ("certificate') — An original certificate of insurance, a certificate of authority to self -insure issued by the Division of Workers ' Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the Work on the project until the Contractor 's/person's Work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in § 406.096 [of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 28 Page 61 of 346 (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers' Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 1 29 Page 62 of 346 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. 1 By signing this Agreement, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor 's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the Agreement void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity." 27.09 Certificates of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance -approved form, and shall contain the following provisions and warranties: (a) The company is authorized to do business in the State of Texas. (b) The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Department of Insurance or ISO. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 28. BOND PROVISIONS (c) 28.01 Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City's discretion, such bonds shall be executed in accordance with all requirements of Chapter 3503 of the Texas Insurance Code, all other applicable law, and the following: (a) The Contractor shall execute performance and payment bonds for the full Contract Amount. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents, which are attached as Exhibit B, together with valid original powers of attorney, at the time of execution of this Agreement by Contractor and Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 26300076 Page130 Page 63 of 346 prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit B. (d) The performance and payment bonds shall remain in effect for a period of one (1) year after Final Completion of the Work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02 The Contractor may make such changes and alterations as the City may require in the Work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned, in accordance with the provisions of Article 17. 29. SURETY 29.01 If the Contractor has abandoned the Project or the City has terminated the Contract for cause and the Contractor's Surety, after notice demanding completion is sent, fails to commence the completion of the Work in compliance with this Agreement, then the City at its option may provide for completion of the Work in either of the following manners: (a) The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the Work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. (b) The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the Work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what would have been the cost under this Agreement, such increase together with all of the City's damages due to Contractor's abandonment and/or default, including liquidated damages, as provided pursuant to Paragraph 38, entitled "TERMINATION FOR CAUSE" shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete such new agreement prove to be less than that which would have been the cost to complete the Work under this Agreement, the Contractor shall be credited therewith after all deductions are made in accordance with this Agreement. 29.02 Should the cost to complete the Work exceed the Contract Amount and the Contractor fails to pay the amount due to the City within the time designated and there remains any machinery, equipment, tools, materials, or supplies on the Project site, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor at its respective address designated in this Agreement; provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 131 Page 64 of 346 ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 29.03 In the event the account shows that the cost to complete the Work is less than that which would have been the cost to City had the Work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the Project site shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01 The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. 30.02 The Contractor shall perform and require all subcontractors to perform the Work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 30.03 The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01 All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attn.: Assistant Chief'. 31.02 The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the Work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the Work as may be necessary. 31.03 The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the Work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04 Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in section 1.11, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as defined in section 1.12). In the event Contractor engages in any of the activities prohibited in this section 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 132 Page 65 of 346 harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from the activities prohibited in this section 31.04. 31.05 In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06 City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07 It is the Contractor's responsibility to comply with all Environmental Laws (as defined in section 1.10 of this Agreement) based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Subchapter 756 of the Tex. Health & Safety Code Ann. §756.022-023, and the requirements of 29 C.F.R., Subpart P — Excavations (sections 1926.650 et. seq.) of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. 32.03 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty, responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 32.04 The Contractor must provide the City the name of the "competent person" required by OSHA standards to perform the trench safety inspections. The Contractor must make daily inspections to ensure that the systems comply with all applicable laws and regulations, and must maintain a permanent record of daily inspections available for examination by the City or other government authority. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page33 Page 66 of 346 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. 33. INDEMNITY 33.01 CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THE CONTRACT DOCUMENTS. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02 The indemnification contained in paragraphs 33.01 shall include but not be limited to the following specific instances: (a) (b) (c) (d) (e) (f) (g) The City is damaged due to the act, omission, mistake, fault or default of the Contractor. In the event of any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. In the event of any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. In the event of any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. The removal of all debris related to the Work. The acts and omissions of the subcontractors it hired. The Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 33.03 The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 33.04 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 33.01, such legal limitations are made Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 34 Page 67 of 346 a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 33.05 The indemnity provisions provided herein shall survive the termination or expiration of this Agreement. 33.06 The indemnification obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers compensation acts, disability benefit acts or other employee benefit acts. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 34. RELEASE 34.01 The Contractor assumes full responsibility for the Work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's Work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 35. PERMITS AND LICENSES 35.01 The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the Work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 36. ROYALTIES AND LICENSING FEES 36.01 THE CONTRACTOR SHALL PAY ALL ROYALTIES AND LICENSING FEES. THE CONTRACTOR SHALL HOLD THE CITY HARMLESS AND INDEMNIFY THE CITY FROM THE PAYMENT OF ANY ROYALTIES, DAMAGES, LOSSES OR EXPENSES INCLUDING ATTORNEY'S FEES FOR SUITS, CLAIMS OR OTHERWISE, GROWING OUT OF INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, MATERIALS AND METHODS USED IN THE PROJECT. IT SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT RIGHTS. FURTHER, IF THE CONTRACTOR HAS REASON TO BELIEVE THAT THE DESIGN, SERVICE, PROCESS, OR PRODUCT SPECIFIED IS AN INFRINGEMENT OF A PATENT, IT SHALL PROMPTLY GIVE SUCH INFORMATION TO CITY'S REPRESENTATIVE. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page135 Page 68 of 346 37. BREACH OF CONTRACT & DAMAGES 37.01 The City shall have the right to declare the Contractor in breach of this Agreement for cause when the City determines that this Agreement is not being performed according to its understanding of the intent and meaning of this Agreement. Such breach shall not in any way invalidate, abrogate, or terminate the Contractor's obligations under this Agreement. 37.02 Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to damages for breach of contract, upon but not limited to the following occurrences: (a) If the Contractor shall fail to remedy any default after written notice thereof from City's Representative, as City's Representative shall direct; or (b) If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or (c) If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 38. TERMINATION FOR CAUSE 38.01 At any time, and without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety for any of the following: (a) If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors and, after notice, fails to provide adequate assurance that it can remedy all of its defaults; or (b) If a receiver, trustee, or liquidator of any of the property or income of the Contractor is appointed; or (c) If the Contractor fails to prosecute the Work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or (d) If the Contractor fails to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or (e) If the Contractor fails for any reason other than the failure by City's Representative to make payments called upon when due; or (f) (g) If the Contractor abandons the Work. If the Contractor commits a material default under any of the terms, provisions, conditions, or covenants contained in this Agreement. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 136 Page 69 of 346 39. TERMINATION FOR CONVENIENCE 39.01 The performance of the Work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the Work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE 40.01 If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the Work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the Work itself or by others, pursuant to the foregoing, then the Contractor and/or Contractor's surety will reimburse City for all costs incurred by the City (including, without limitation, applicable, general, administrative expenses, field overhead, the cost of necessary equipment, materials, field labor, additional fees paid to architects, engineers, attorneys or others to assist the City in connection with the termination and liquidated damages) in completing and/or correcting work by the Contractor that fails to meet any requirement of this Agreement or the other Contract Documents. 41. CLOSE OUT 41.01 After receipt of a notice of termination, whether for cause or convenience, unless otherwise directed by City's Representative, the Contractor shall, in good faith and to the best of its ability, do all things necessary in the light of such notice to assure the efficient and proper closeout of the terminated work (including the protection of City's property). Among other things, the Contractor shall, except as otherwise directed or approved by City's Representative, do the following: (a) Stop the work on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts for services, equipment, or materials, except as may be necessary for completion of such portion of the Work as is not terminated; (c) Terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by the notice of termination; (d) Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Representative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page137 Page 70 of 346 (e) With the approval of City's Representative, settle all outstanding liabilities and all claims arising out of such termination, orders, and subcontracts; and/or (f) Deliver to City's Representative, when directed by City's Representative, all documents and all property, which if the Work had been completed, Contractor would have been required to account for or deliver to City's Representative, and transfer title to such property to City's Representative to the extent not already transferred. 42. TERMINATION CONVERSION 42.01 Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Paragraph 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a termination for convenience pursuant to Paragraph 39 and Contractor's remedy for such termination shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 39. 43. HIRING 43.01 During the term of this Agreement and for a period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT 44.01 This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45. EFFECTIVE DATE 45.01 This Agreement goes into effect when duly approved by all the parties hereto and is contingent upon Contractor obtaining the bonds required herein. 46. OTHER TERMS 46.01 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page138 Page 71 of 346 46.03 Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.04 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.05 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 46.06 Mediation. After receipt of a written notice of a claim, the City may elect to refer the matter to the City's Consultant, City's Representative or another party for review. Contractor will attend meetings called to review and discuss the claims and mitigation of the problem, and shall furnish any reasonable factual backup for the claim requested. The City may also elect to defer consideration of the claim until the Work is completed, in which case the same review options shall be available to the City at the completion of the Work. At any stage, the City, at its sole discretion, is entitled to refer a claim to mediation under the Construction Industry Mediation Rules of the American Arbitration Association, and, if this referral is made, Contractor will take part in the mediation process. The filing, mediation or rejection of a claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under City's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in College Station, Texas. 46.07 Arbitration. In the event of a dispute and upon the mutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.08 Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 46.09 Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this Agreement. 46.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 46.11 Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page139 Page 72 of 346 Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.12 Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.13 Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.14 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.15 Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. 46.16 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) Boycott Israel. If this Contract is for goods and services subject to § 2270.002 Texas Government Code, Contractor verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract; (b) Boycott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Contractor verifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code, Contractor herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Contract. Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page 40 Page 73 of 346 List of Exhibits A. Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule F. Schedule of Values UTILITY RESTORATION SERVICES, CITY OF COLLEGE STATION INC. By: J.v1, "2'Q,i,6,1"- By: City Manager Printed Name: Guy Williams Date: Title: Director of Operati^n- Date: 10/14/2025 APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Contract No. 26300076 Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page141 Page 74 of 346 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 26300076 Construction Agreement Over $50,000 Form 12-15-2022 Page 75 of 346 1. Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3. The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 1/2) times the base hourly rate. 4. The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. 5. Except for Heavy/Highway Construction, building construction wage rates shall be paid to all workers except those workers engaged in site work and construction beyond five feet of buildings. Contract No. 26300076 Construction Agreement Over $50,000 Form 12-15-2022 Page 76 of 346 10/9/25, 11:19 AM SAM.gov "General Decision Number: TX20250007 09/19/2025 Superseded General Decision Number: TX20240007 State: Texas Construction Type: Heavy Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) Construction Projects Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022: If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022: . Executive Order 14026 generally applies to the contract. . The contractor must pay all covered workers at least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. . Executive Order 13658 generally applies to the contract. . The contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://sam.gov/wage-determination/TX20250007/1 Page 77 of 314t 10/9/25, 11:19 AM SAM.gov http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2025 1 09/19/2025 * SUTX2O11-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) $ 12.56 ** ELECTRICIAN $ 26.35 FORM BUILDER/FORM SETTER Paving & Curb $ 12.94 ** Structures $ 12.87 ** LABORER Asphalt Raker $ 12.12 ** Flagger $ 9.45 ** Laborer, Common $ 10.50 ** Laborer, Utility $ 12.27 ** Pipelayer $ 12.79 ** Work Zone Barricade Servicer $ 11.85 ** PAINTER (Structures) $ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor $ 12.69 ** Asphalt Distributor $ 15.55 ** Asphalt Paving Machine $ 14.36 ** Boom Truck $ 18.36 Broom or Sweeper $ 11.04 ** Concrete Pavement Finishing Machine $ 15.48 ** Crane, Hydraulic 80 tons or less $ 18.36 Crane, Lattice Boom 80 tons or less $ 15.87 ** Crane, Lattice Boom over 80 tons $ 19.38 Crawler Tractor $ 15.67 ** Directional Drilling Locator $ 11.67 ** Directional Drilling Operator $ 17.24 ** Excavator 50,000 lbs or Less $ 12.88 ** Excavator over 50,000 lbs$ 17.71 ** Foundation Drill, Truck Mounted $ 16.93 Front End Loader, 3 CY or Less $ 13.04 Front End Loader, Over 3 CY$ 13.21 Loader/Backhoe $ 14.12 Mechanic $ 17.10 Milling Machine $ 14.18 Motor Grader, Fine Grade$ 18.51 Motor Grader, Rough $ 14.63 Pavement Marking Machine$ 19.17 ** ** ** ** ** ** ** https://sam.gov/wage-determination/TX20250007/1 Page 78 of Slit 10/9/25, 11:19 AM SAM.gov Reclaimer/Pulverizer $ 12.88 Roller, Asphalt $ 12.78 Roller, Other $ 10.50 Scraper $ 12.27 Spreader Box $ 14.04 Trenching Machine, Heavy$ 18.48 Servicer $ 14.51 ** ** ** ** ** ** Steel Worker Reinforcing $ 14.00 ** Structural $ 19.29 TRAFFIC SIGNALIZATION: Traffic Signal Installation Traffic Signal/Light Pole Worker $ 16.00 ** TRUCK DRIVER Lowboy -Float $ 15.66 Off Road Hauler $ 11.88 Single Axle $ 11.79 Single or Tandem Axle Dump Truck $ 11.68 Tandem Axle Tractor w/Semi Trailer $ 12.81 WELDER $ 15.97 ** ** ** ** ** ** WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after https://sam.gov/wage-determination/TX20250007/1 Page 79 of 3305 10/9/25, 11:19 AM SAM.gov award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non -union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non -union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal https://sam.gov/wage-determination/TX20250007/1 Page 80of3105 10/9/25, 11:19 AM SAM.gov number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2O23-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via https://sam.gov/wage-determination/TX20250007/1 Page 81 of SA 10/9/25, 11:19 AM SAM.gov email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. END OF GENERAL DECISION" https://sam.gov/wage-determination/TX20250007/1 Page 82 oft EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 26300076 Construction Agreement Over $50,000 Form 12-15-2022 Page 83 of 346 PERFORMANCE BOND Bond No. CNB-25-0005887-00 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE, Utility Restoration Services, Inc. , as Principal, hereinafter called "Contractor" and the other subscriber hereto Insurors Indemnity Company .as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Four hundred ninety-nine thousand, eight hundred three dollars and 52 /100 Dollars ($ 499,803.52 -1 for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for Annual Price Agreement for Pad -Mount Equipment Repair & Restoration (ITB# 26-004) all of such Work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having fully considered its Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty (30) days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at Liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be contract No. 26300076 Construction Agreement Over $50,000 Form 12-15 2022 Page 84 of 346 Bond No, CNB-25-0005887-00 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESSV(if not a corporation) (Name of Contractor) By: ► A' Name: (��4 +."�«.,9_.y Name: \erec i+h WflIOW Title: ?kre5d.tr\, 1 rig shrak1Cf1 F.ty /i&SAYVC - Title: LA' I —t t s ( Date: 'oil /20z FOR THE SURETY: ATTEST/WITNESS (SEAL) By: Name: Shannon Cannon Date: 10/9/2025 Insurers Indemnity Company (Full Name of Surety) PO Box 32577 Waco, Tx 76703 (Address of Su for Notice Title: Witness Date: 10/9/2025 By: FOR THE CITY: REVIEWED: Name: Andrew Arnold Title: Power of Attorney Date: 10/9/2025 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Dale of bonds must be on or after the date of execution by Cite.„ Contract No. 26300076 Construction Agreement Over $50,000 Form 12-15-2022 Page 85 of 346 POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-25-0005887-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of TEXAS , and authorized and Licensed to do business in the State of TEXAS and the United States of America, does hereby make, constitute and appoint Andrew Arnold of the City of Tyler, State of TEXAS as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge, and deliver for and on its behalf as Surety and as its act and deed, all of the following lasses of document, to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in ail cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURORS INDEMNITY COMPANY Attest: CLI Zyu-�m� Tammy Ti perman, Secretary State of Texas County of McLennan By: ,That.... E I `' — Dave E. Talbert, President On the 1st day of January, 2025, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert and Tamrny Tleperman, who being by me duly sworn, acknowledged that they executed the above Power of Attorney in their capacities as President, and Corporate Secretary, respectively, of Insurers Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and deed of the Company. Notar Public, State of Texas 11rcommaa r Ca Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on November 11, 2014: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed In the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and an y such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys In Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. 1, Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by Its Board of Directors on November 11, 2014, and that this Resolution Is In full force and effect. I certify that the foregoing Power of Attorney Is in full force and effect and has not been revo ked. In Witness Whereof. I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 08th day of October 2025 c a u enTammy ter an, Secretary NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. O. BOX 32577, WACO, TEXAS 76703 OR EMAIL US AT BONDDEPTc fINSURORSINDEMNITY.CDM. ITC 2-22-025 Page 86 of 346 1NSUR*RS InlTNtNlrr coMrAKits 1 PO Box 32577 Phone: 877 816 2800 Waco, Texas 76703-4200 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll -free telephone number for information or to make a complaint at: 1-877-816-2800 You may also write to Insurors Indemnity Company at P.O. Box 32577 Waco, TX 76703-4200 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at I-800-252-3439 You may write the Texas Department of Insurance at: Consumer Protection (I 11-1A) P.O. Box 149091 Austin, TX 78714-909I Fax: 512-490-1007 Web: httn:f/www.tdi.texas.aov E-mail: ConsumcrProtectionfrr�tdi.tcxas.eov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener information o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1-877-816-2800 Usted tanbien puede escribir a Insurors Indemnity Company: P.Q. Box 32577 Waco, TX 76703-4200 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al 1-800-252-3439 Puedc escribir al Dcpartamento de Seguros de Texas: Consumer Protection (I 11-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: httn:f/www.tdi.texas.uov E-mail: ConsumerProtectionf lultdi.texas.eov DISPUTAS SOBRE PR!MAS 0 RECLAMOS: Si tiene una disputa ccncemiente a su prima o a un reclamo, debe comunicarse con el agente o Ia companea primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de information y no se convierte en parte o condition del documcnto adjunto. insurorsl ndemnity.com Page 87 of 346 THE STATE OF TEXAS THE COUNTY OF BRAZOS TEXAS STATUTORY PAYMENT BOND Bond No. CNB-25-0005887-00 § § § KNOW ALL MEN BY THESE PRESENTS: THAT WE, Utility Restoration Services, Inc. as Principal, hereinafter called "Principal" and the other subscriber hereto Insurors Indemnity Company , a corporation organized and existing under the laws of the State of Texas , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Four hundred ninety-nine thousand, eight hundred three dollars and 52 /100 Dollars ($499,803.52 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the 24 day of November , 20 25 , for Annual Price Agreement for Pad -Mount Equipment Repair & Restoration (ITB# 26-004). referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the Work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond, and it does hereby waive notice of any such change in Contract Time or Contract Sum. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Contract No.26300076 Construction Agreement Over $50,000 Form 12-15-2022 Page 88 of 346 done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond and it does hereby waive notice of any such change in Contract Time or Contract Sum. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the Work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees incurred by the city in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. Contract No, 26300076 Construction Agreement Over $50,000 Form 12-15-2022 Page 89 of 346 Bond No. CNB-25-0005887-00 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) By: Name: Title: S5 Date: to MI 20 z 5 FOR THE SURETY: ATTEST/WITNESS By:,11C1 Name: Shannon Cannon Title: Witness Date: 10/9/2025 FOR THE CITY: RE VIEWED: (SEAL) (Name of Contractor) By: Name: Mend Oh �A ithaf'}'iS Title: Tres tde +, U+,1 i�eihration aN ivs ,1IT • Date: 10/9/2025 Insurors Indemnity Company __ (Full Name of Surety) PO Box 32577 Waco, Tx 76703 (Address of Surety for Notice) BY: Name: Title: Date: Andrew Arnold Power o f Attorney 10/9/2025 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Date of bonds must he on or after the date of execution by City. Contract No. 26300076 Construction Agreement Over S50,000 Form 12-15-2022 Page 90 of 346 POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existin TEXAS , and authorized and licensed to do business in the State of T of America, does hereby make, constitute and appoint Andrew Arnold of the City of Tyler, State of TEXAS as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge, and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to -wit Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity In all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURORS INDEMNITY COMPANY Number: CNB-25-0005887-00 Attest: C:Ya t41¢r.�mo�� TammyTi perman, Secretary State of Texas County of McLennan g under the laws of the State of EXAS and the United States By: `Doa.a. e< Dave E. Talbert, President On the 1st day of January, 2025, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert and Tammy Tiaperman, who being by me duly sworn, acknowledged that they executed the above Power of Attorney in their capacities as President, and Corporate Secretary, respectively, of Insurers Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and deed of the Company. e \k.' w \ w € ut, Notarj Public, State of Texas rmacaws p;eykori100-1317730241 Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on November 11, 2014: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued In accordance with these Resolutions. Said Power of Attomey shall be executed to the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and an y such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomeys In Fact shall have the power and authority, subject to the terms and limitations of the Power of Attomey issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Teperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11, 2014, and that this Resolution is In full force and effect, I certify that the foregoing Power of Attorney is In full force and effect and has not been revo ked. In Witness Whereof. I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 08th day of October 2025 LApe.4. en Tammy perman, Secretary NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. O. BOX 32577, WACO, TEXAS 76703 OR EMAIL US AT BONDDEPTI INSURORSINDEMN ITY.COM. !IC 2-22-025 Page 91 of 346 IP I I lry COM!'AH115 PO Box 32577 Phone: 877 816 2800 Waco, Texas 76703-4200 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call insurors Indemnity Company's toll -free telephone number for information or to make a complaint at: 1-877-816-2800 You may also write to Insurors Indemnity Company at P.O. Box 32577 Waco, TX 76703-4200 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: httn://www.tdi.texas.aov E-mail: ConsumerProtection cf tdi.texas.cov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener information o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Insumrs Indemnity Company's pars information o para someter una queja al 1-877-816-2800 Usted tanbien puede escribir a lnsurors Indemnity Company: F.O. Box 32577 Waco, TX 76703-4200 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas pars obtener informacion acerca de companies, coberturas, derechos o quejas al 1-800-252-3439 Puede eseribir al Departamento de Seguros de Texas: Consumer Protection (I 11-lA) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: htto:Ilwww.tdi.texas.gov, E-mail: ConsumerProtectionitdi.texas.eov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposilo de information y no se convierte en parte o condition del documento adjunto. insurorsi ndemnity.com Page 92 of 346 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 26300076 Construction Agreement Over $50,000 Form 12-15-2022 Page 93 of 346 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/09/2025 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 Scott Arnold NAME: Cozad Insurance Group PHONE (903) 561-0181 (A/C No. Extl: 617 Chase Dr. I E-MAIL scott@cozadins.com ADDRESS: Tyler TX 75701 INSURED Utility Restoration Services, Inc. 900 Landa St. Suite 104 New Braunfels COVERAGES CERTIFICATE NUMBER: TX 78130 CL259909714 INSURERA: INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE Cincinnati Insurance Company Travelers Property Casualty Ins Co IFAX () 903 561-1085 (A/C, No): REVISION NUMBER: NAIC # 10677 36161 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 AUUL SUUK LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MMIDD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN- 'LAGGREGATE LIMIT APPLIES PER: POLICY X PRO-LOC JECT OTHER: AUTOMOBILE LIABILITY X - ANY AUTO A - OWNED AUTOS ONLY HIRED AUTOS ONLY X UMBRELLA LIAB SCHEDULED AUTOS NON -OWNED AUTOS ONLY X A EXCESS LIAB DED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below B Excess Liability Y EPP 0439084 Y EBA 0439084 OCCUR CLAIMS -MADE Y EPP 0439084 Y/N N/A 05/20/2025 05/20/2026 LIMITS EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ 1,000,000 BODILY INJURY (Per person) $ COMBINED SINGLE LIMIT (Ea accident) 05/20/2025 05/20/2026 BODILY INJURY (Per accident) $ 05/20/2025 05/20/2026 PROPERTY DAMAGE (Per accident) Uninsured motorist $ EACH OCCURRENCE $ AGGREGATE $ STATUTE ERH E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE E L DISEASE - POLICY LIMIT Per Occurrence 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 5,000,000 5,000,000 5,000,000 Y EX-4T261714-25-NF 05/20/2025 05/20/2026 Aggregate Limit 5,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Electrical Apparatus - Servicing, Repair or install - NOC Certificate Holder is Additional Insured as required by written contract and Waiver of Subrogation where required by written contract as respects General Liability, Auto, and Excess. Primary and non-contributory wording are included in the General Liability, Auto and Excess Liability policies. Blanket Waiver of Subrogation as required by written contract is applicable to the General Liability, Auto, Excess and Workers Compensation policies. CERTIFICATE HOLDER City of College Station Attn: Risk Manager P. O. Box 9960 College Station CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE TX 77842 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 94 of 346 AW RL CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/10/2025 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: Shannon M. Fleming I PHONE (704 FAX c/o Advisor HR Insurance Services, Inc. (A/C No. Ext1: ) 626-5960 (A/c, No): E-MAIL 8712 Lindholm Drive; Suite 210 I ADDRESS: sfleming@advisorhr.net Huntersville, NC 28078 I INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A: Employers Preferred Insurance Company 10346 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:24NC0101194927 REVISION NUMBER: INSURED: UTILITY RESTORTATION SERVICES 900 LANDA STREET NEW BRAUNFELS, TX 7810 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- JECT POLICY OTHER. AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY UMBRELLA LIAB LOC SCHEDULED AUTOS NON -OWNED AUTOS ONLY EXCESS LIAB DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE A OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE YIN y N/A x EIG60211300 08/10/2025 08/10/2026 EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) EACH OCCURRENCE $ AGGREGATE $ X PER OTH- STATUTE ER E L EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Electrical Apparatus - Servicing, Repair or install - NOC Waiver of Subrogation is granted where required by written contract for Worker's Compensation. CERTIFICATE HOLDER CANCELLATION City of College Station Attn: Risk Manager P. O. Box 9960 College Station TX 77842 1,000,000 1,000,000 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. AIR1s9i3iafr6 ACORD 25 12016/031 The ACORD name and Ivan are registered marks of ACORD EXHIBIT D PLANS AND SPECIFICATIONS ITB #26-004 fully incorporated into this contract by reference here. Contract No. 26300076 Construction Agreement Over $50,000 Form 12-15-2022 Page 96 of 346 EXHIBIT E CONSTRUCTION SCHEDULE To be completed upon notice to proceed from Project Manager. Contract No. 26300076 Construction Agreement Over $50,000 Form 12-15-2022 Page 97 of 346 EXHIBIT F SCHEDULE OF VALUES Contract No. 26300076 Construction Agreement Over $50,000 Form 12-15-2022 Page 98 of 346 ITB 26-004 26-004 BID PRICING SHEET ANNUAL PRICE AGREEMENT FOR PAD -MOUNT EQUIPMENT REPAIR & RESTORATION 10/15/25 (a, 2:00 P.M. TRANSFORMER INSPECTION EXTENDED ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE Transformer Inspection Open /Accessible ( immediate vicinityof road/ parkinga area) 85 ea $40.00 $3,400.00 Transformer Back lot/Accessible (unit is more than 50' from road, but not Inspection enclosed in a fence 85 ea $40.00 $3,400.00 Transformer Inspection Fenced /inaccesable (units are in fenced yard) 680 ca $95.00 $64,600.00 P ir TRANSFORMER INSPECTIONSI $71,400.001 ' SINGLE-PHASE PAD -MOUNTED EQUIPMENT TOTAL BCJB-1 & Contractor to furnish labor and material to apply epoxy base BCJB-3 coat to one (1) single phase pad mount junction box. 366 ea $135.62 $49,636.92 Contractor to furnish labor and material to apply epoxy base BCT coat to one (1) single phase pad mount transformer 200 ea $135.62 $27,124.00 Contractor to furnish labor and material to remove all brush and debris located within five (5) feet of the sides or back and ten (10) feet in front of pad -mount transformers, J-boxes and Brush switchgears. This unit to be paid per asset. 100 ea $75.00 $7,500.00 Contractor to furnish labor to remove all debris inside one (1) single phase pad mounted transformer or junction box bib level. This removal includes but is not limited to insects, rodents, animals, nests, fire ants, etc. City will furnish fire ant or insect preventative agent for the Contractor to install inside Di the transformer or junction box. 165 ea $62.10 $10,246.50 Contractor to furnish labor to remove all debris inside one (1) single phase pad mounted transformer or junction box above bib level. This removal includes but is not limited to insects, rodents, animals, nests, fire ants, etc. City will furnish fire ant or insect preventative agent for the Contractor to install inside D2 the transformer or junction box. 20 ea $77.12 $1,542.40 Contractor to furnish labor and decals to remove and replace all warning decals and identification number on one (1) underground asset. Should the existing decals and identification number be missing on the existing transformer, new identification shall be placed on the refurbished underground asset. Contractor will furnish all decals and Decal identification numbers required to be installed. 450 ea $25.00 $11,250.00 Contractor to furnish labor and materials to remove andre- install steel decorative fence as necessary to restore and paint pad -mount transformer. This unit to be paid by lineal foot of Fence existing fence. 85 if $10.00 $850.00 Contractor to provide coordinates using map grade GPS GPS/GLSS software on all CSU assets inspected and restored 667 ea $1.00 $667.00 Contractor to furnish labor and materials to remove all landscape bushes, shrubs and trees located within five (5) feet of the side or back and ten (10) feet in front of pad -mount Landscape transformer. This unit is to be paid per transformer. 35 ea $75.00 $2,625.00 Contractor to furnish labor and materials to lwcwl one (1) Leveling existing single- phase pad. 267 ea $75.00 $20,025.00 Contractor to furnish labor and materials to repair and restore all corrosion holes and divots on a underground asset. This MR unit to be paid by square foot of repair 445 sf $50.00 $22,250.00 Contractor to furnish labor and materials to replace one (1) missing or defective penta head bolt on one (1) single-phase PB pad -mount transformer or junction box. 27 ca $25.00 $675.00 Contractor to furnish labor and materials to replace one (1) damaged penta head bolt and locking assembly on one (1) PBA single -phased pad -mount transformer or Junction box. 35 ea $118.00 $4,130.00 Contractor to furnish labor to add or replace one (1) pad lock on pad -mount transformer or junction box. City to furnish pad PL lock 267 ea $1.00 $267.00 Page 99 of 346 26-004 BID PRICING SHEET ANNUAL PRICE AGREEMENT FOR PAD -MOUNT EQUIPMENT REPAIR & RESTORATION 10/15/25 (a, 2:00 P.M. SINGLE-PHASE PAD -MOUNTED EQUIPMENT TOTAL (CONT'D) Contractor to furnish labor and materials to raise one (1) single-phase pad up to existing grade. This unit includes raising the pad up to 4". Top of pad to be 2" above exisiting R4" ground line. 267 ea $80.00 $21,360.00 Contractor to furnish labor and materials to raise one (1) single-phase pad 4.1" - 6", to existing grade. This unit includes raising the pad up to 4-1" to 6". Top of pad to be 2" R6" above exisiting ground line. 100 ca $95.00 $9,500.00 Contractor to furnish labor and materials to apply rust converter to effected areas on one (1) single-phase pad -mount RC transformer or junction box. 235 ca $77.05 $18,106.75 Contractor to furnish labor and materials to remove all rust and loose debris accumulated on metal services of one (1) RR single-phase pad -mount transformer or junction box. 370 ea $136.79 $50,612.30 Contractor to furnish labor and materials to apply epoxy top TCJB coat to one (1) single-phase pad -mount junction box. 10 ea $117.12 $1,171.20 Contractor to furnish labor and materials to apply epoxy top TCT coat to one (1) single-phase pad -mount transformer. 367 ea $117.12 $42,983.04 Contractor to furnish labor to install and connect fault indicator to single-phase pad -mount transformer (skirt pre- UM6-4-2a drilled). See Assembly Drawing. 100 ea $ 65.00 UM6-4-2b indicator to single-phase pad -mount transformer (include 267 ea $ 89.00 — SINGLE-PHASE PAD -MOUNTED EQUIPMENT TOTAL ■ ITEM 3ph-75-500 3PH-750-2500 3PH-J-Box 3PH-SWGR ITEM 3PH-75-167 $6,500.00 $23,763.00 $332,785.11 1 J-BOX & THREE PHASE PA -MOUNTED TRANSFORMERS AND ASSEMBLY UNIT PRICES (All quantities are estimates and are subject to change.) EXTENDED DESCRIPTION QUANTITY UNIT UNIT PRICE PRICE Three phase 75 KVA to 500 KVA. Treat Rust areas and paint with base & top coat epoxy outside and inside compartment areas, where possible and re -install decals and numbers 37 ea $1,215.18 $44,961.66 Three phase 75 KVA to 2500 KVA. Treat Rust areas and paint with base & top coat epoxy outside and inside compartment areas, where possible and re -install decals and numbers 20 ca $1,618.27 $32,365.40 Three phase J-Box. Treat Rust areas and paint with base & top coat epoxy outside and inside compartment areas. 20 ea $475.00 $9,500.00 base & top coat epoxy outside and inside compa,tiuent areas. 5 ea $1,618.27 $8,091.35 THREE- PHASE PAD -MOUNTED EQUIPMENT TOTAL' $94,918.41 1 SINGLE-PHASE AND THREE PHASE POLE -MOUNTED TRANSFORMERS AND ASSEMBLY UNIT PRICES (All quantities are estimates and are subject to change.) DESCRIPTION Rust areas and paint with base & top coat epoxy outside and Certified by: Contractor: Email: QUANTITY UNIT UNIT PRICE 7 ea $100.00 POLE -MOUNTED EQUIPMENT TOTAL . ITB# 26-004 BID GRAND TOTALS TRANSFORMER INSPECTIONS SINGLE-PHASE PAD -MOUNTED EQUIPMENT TOTAL THREE- PHASE PAD -MOUNTED EQUIPMENT TOTAL POLE -MOUNTED EQUIPMENT TOTAL GRAND TOTAL OF BIDS EXTENDED PRICE $700.00 $700.00 $71,400.00 $332,785.11 $94,918.41 $700.00 $499,803.521 ITB 26-004 2 Page 100 of 346 CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Utility Restoration Services, Inc. New Braunfels, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of College Station FORM 1295 1of1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2025-1375415 Date Filed: 10/10/2025 Date Acknowledged: 3 provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 26300076 Pad Mount Inspections, Maintenance, and Repair 4 Name of Interested Party City, State, Country (place of business) 5 Check only if there is NO Interested Party. ❑ Nature of interest (check applicable) Controlling Intermediary 6 UNSWORN DECLARATION ,, {` f s t My name is kkex? t LA! (l l l Ct C and my date of birth is 1 1 /161V:183 My address is CT 0 0 LQsic i & clid 4e 10 `{ 1\1 Q.G) B f.tocr,15_, 1-7( -76 (a0 usA (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in CJarvla Forms provided by Texas Ethics Commission County, State of 1') rt.S , on the 1C day of 0 r h( , 20 2-6 . (month) (year) Ahittlikt- nature of authorized agent of contracting business entity (Declarant) www.ethics.state.lx.us Version V4.1.0.f1od0fd8 Page 101 of 346 November 24, 2025 Item No. 7.3. Brazos Valley Trash Valet Franchise Agreement Ordinance - First Reading Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: N/A Agenda Caption: Presentation, discussion, and possible action on the first reading of a franchise agreement with Professional Trash Valet, LLC DBA Brazos Valley Trash Valet & Recycling for the collection of recyclables from commercial businesses and multi -family locations. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of this franchise agreement ordinance. Summary: This item is an ordinance renewing Professional Trash Valet, LLC DBA Brazos Valley Trash Valet & Recycling a non-exclusive franchise for the use of public streets, alleys, and public rights -of -ways within the city for the purpose of providing collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multi -family sites. This franchise agreement allows Professional Trash Valet, LLC DBA Brazos Valley Trash Valet & Recycling to collect and haul recyclables and construction and demolition debris from commercial, industrial, and multi -family sites. This standard agreement sets the franchise fee based on the contractors' monthly gross revenues, delivery revenues, and hauling revenues, as well as the percentage of aggregate recycling and composting. Contractors must provide the total number of customers and total tons landfilled quarterly but are not required to disclose specific sites that are utilizing recycling services. The term of this agreement is five years. Counting Professional Trash Valet, LLC DBA Brazos Valley Trash Valet & Recycling, the city has a total of eighteen (18) franchised haulers. This list can be found on the city's website under Public Works. Budget & Financial Summary: N/A Attachments: 1. 26300126--AD_(CC_11.24.25) Vendor Signed Page 102 of 346 40.„— CITY OF COI LFGE STATION Home of Texas A6M University' CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: 263000126 PROJECT#: N/A BID/RFP/RFQ#: Project Name / Contract Description: Franchise Collections Agreement Name of Contractor: Brazos Valley Trash Valet, LLC CONTRACT TOTAL VALUE: $ N/A Debarment Check Section 3 Plan Incl. NEW CONTRACT Yes Yes No No • N/A N/A RENEWAL # N/A Grant Funded Yes No • If yes, what is the grant number: 1 Davis Bacon Wages Used Buy America Required Transparency Report Yes Yes Yes No No No • • N/A • N/A N/A N/A CHANGE ORDER # N/A OTHER N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Two City Council readings required for this Franchise Agreement; scheduled for November 24th and December 11th CRC Approval Date*: (If required) * Council Approval Date*: 11/24/25 &12/11/25 Agenda Item No*: TBD --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: OR/ Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE ASST CITY MGR — CFO DATE LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE MAYOR (if applicable) DATE CITY SECRETARY (if applicable) DATE Original(s) sent to CSO on Scanned into Laserflche on Original(s) sent to Fiscal on Page 103 of 346 ORDINANCE NO. RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, PROFESSIONAL TRASH VALET, LLC DBA BRAZOS VALLEY TRASH VALET & RECYCLING, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC RIGHTS OF WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION ("CITY") FOR THE PURPOSE OF PROVIDING COLLECTION OF DEMOLITION AND CONSTRUCTION DEBRIS, RECYCABLES, AND ORGANIC WASTE FROM COMMERCIAL, INDUSTRIAL, AND MULTI -FAMILY SITES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclables; and WHEREAS, the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection of Solid Waste and Recyclables generated within the City limits; and WHEREAS, the City of College Station desires to exercise the Charter's authority and grant a non-exclusive franchise to Contractor for collection of demolition and construction debris and other waste for disposal using roll off containers, and recyclable materials, and organic waste from multifamily and commercial locations for the purpose of recycling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 1 of 16 Page 104 of 346 Table of Contents Article I. Definitions 3 Article II. Grant of Authority and Acceptance 4 Article III. Payment and Term 4 Article IV. Access to Records & Reporting 6 Article V. Rates to be Charged by Contractor 6 Article VI. Appearance of Personnel and Equipment 6 Article VII. Collection and Transport of Recyclables 7 Article VIII. Placement of Receptacles 7 Article IX. Service Complaints 7 Article X. Disposal and Processing 8 Article XI. Violation and Penalty 8 Article XII. Insurance 8 Article XIII. Indemnification and Release 9 Article XIV. Disputes and Mediation 9 Article XV. General Terms 10 Exhibit A. Schedule of Rates 13 Exhibit B. Insurance Requirements 14 I) Standard Insurance Policies Required: 14 II) General Requirements Applicable to All Policies: 14 III) Commercial General Liability 14 IV) Business Automobile Liability 15 V) Workers' Compensation Insurance 15 Exhibit C. Certificates of Insurance 16 Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 2 of 16 Page 105 of 346 ARTICLE I. DEFINITIONS 1.1 Agreement means this Franchise Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclables within the City limits. 1.2 Approved Customers means those designated premises located within the City that generate Recyclables. 1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) means the permitted municipal solid waste landfill and compost facility owned and operated by a Texas local government corporation. 1.4 City Council or Council means the governing body of the City of College Station, Texas. 1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation. 1.6 City's Representative means the Recycling & Environmental Compliance Manager or the Manager's designated appointee. 1.7 Collection means the scheduled aggregation of Recyclables by Contractor. 1.8 Construction and Demolition Debris means buildings material waste resulting from demolition, remodeling, repairs, or construction, as well as materials discarded during periodic temporary facility clean-up generated within the City. 1.9 Contaminated means Recyclables mixed with solid waste or altered in a way that results in materials being unrecyclable or un-compostable. 1.10 Contractor means the Contractor franchised for the collection of Recyclables. 1.11 Customers means the locations designated by the City as a Commercial Business or Multifamily Residence. 1.12 Organic Waste means waste of biological origin recovered from the solid waste stream for the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste, unless it is abandoned or disposed of, rather than reprocessed into another product. 1.13 Receptacle means a weatherproof container easily identifiable and designated for recycling or organic waste collection and shall not be made of any temporary materials. 1.14 Recyclables or Recyclable Materials mean materials, including construction and demolition debris recovered from the solid waste stream for the purpose of reuse or reclamation, a substantial portion of which are consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable materials are not solid waste unless they are abandoned or disposed of as garbage rather than reprocessed into another product. Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 3 of 16 Page 106 of 346 1.15 Residue means the materials regularly associated with and attached to Recyclables, as a part of the original packaging or usage of that material that is not recyclable or compostable. 1.16 Roll -Off / Compactor means a container of varying capacity used for Recyclables collection. 1.17 TAC means the Texas Administrative Code now and as amended. 1.18 TCEQ means the Texas Commission on Environmental Quality. ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE 2.1 Non -Exclusive. City grants Contractor a non-exclusive franchise to operate and establish Recyclables collection from designated Customers. Nothing in this Agreement shall be construed as granting an exclusive franchise or right. City grants Contractor passage and rights -of -way on, along, and across City streets, highways, alleys, public places and all other real property for collecting demolition and construction debris, recyclables and organic waste from commercial, industrial, multifamily and residential construction sites for the purpose of disposal and/or recycling within the jurisdictional limits of the City. Contractor is expressly prohibited from collecting any recyclables from completed residences that are covered by the City's residential single stream recycling contract and program. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City's governmental and police powers. 2.2 Acceptance. By accepting this Agreement, Contractor represents it has, by careful examination, satisfied itself as to the nature and location of the services, character, quality, and quantity of services to be performed, the character of the equipment and facilities necessary to fulfill obligations under this Agreement, as well as the general and local conditions and all other matters affecting services performed under this Agreement. 2.3 Option to Market Materials. If City develops services or programs resulting in materials that may be recycled or composted, including but not limited to residential construction sites, multifamily, or commercial recycling or composting, the City shall have the option to market those to any contractor. 2.4 Contract with City. If City and Contractor contract for the collection and recycling or composting of materials, those terms will be incorporated into this Agreement by amendment. ARTICLE III. PAYMENT AND TERM 3.1 Franchise Fee. For and in consideration of the grant of the franchise herein, Contractor agrees and will pay a Franchise Fee during the term of this Agreement, a sum based on the following graduated fee schedule depending on the percentage of aggregate recycling or composting accomplished: Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 4 of 16 Page 107 of 346 a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least sixty percent (60%) of Recyclables collected. b. A fee is required, equivalent to six and one half percent (6.5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least fifty-five percent (55%) but less than sixty percent (60%) of Recyclables collected. c. A fee is required, equivalent to eight percent (8%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting less than fifty-five percent (55%) of Recyclables collected. 3.2 Payments. Revenue received by Contractor from this Agreement is subject to the Franchise Fee and shall be computed into Contractor's monthly gross revenues, delivery revenues, hauling revenues, and rates, as described in Exhibit A. Payment will be paid quarterly to the City, and shall be due by the twentieth (20th) day of the month following the end of the previous calendar quarter. Payment after that date shall incur a ten percent (10%) late fee on the outstanding account balance under Article V. 3.3 Failure to Pay. Failure by Contractor to pay any amount due under this franchise constitutes a Failure to Perform under this contract and is subject to the provisions of Article XV. General Terms of this Agreement (Termination for Cause). 3.4 Franchise Fee Requirements. Payments must state on a form approved by the City: a. The number and type of Customers collected from, for the previous quarter, for Customers included in this Agreement. b. The total tons landfilled, recycled or composted, within the jurisdictional limits of the City, for the previous quarter. c. The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d. The total payment amount. 3.5 Term. The term of this Agreement shall be for a period of five (5) years, beginning on the date of acceptance and approval by City Council. Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 5 of 16 Page 108 of 346 ARTICLE IV. ACCESS TO RECORDS & REPORTING 4.1 Facilities. The City shall have the right to inspect the Contractor's facilities, equipment, personnel, and operations to ensure compliance with this Agreement. 4.2 Records. The City shall have the right to inspect Contractor's records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of Recyclables collected, processed, and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. 4.3 Records Retention. Contractor shall retain all records associated with this Agreement for a period of four (4) years. City shall have access to information regarding Contractor's markets and prices paid for each type of material's return/cost; all information obtained by City marked confidential or proprietary shall remain confidential or proprietary pursuant to the Texas Open Records Act. 4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report, on a form approved by the City, summarizing the previous month's collection. This report is due to the City's Representative no later than the twentieth (20th) calendar day of each month. Contractor's report shall include the following information: a. The Customer collection count, itemized by customer type. b. Total tonnage of materials collected, recycled, composted and/or landfilled, itemized by type of material, within the jurisdictional limits of the City. c. Any other information concerning the collections as required by the City's Representative. ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR 5.1 The Contractor shall follow the Schedule of Rates attached hereto as Exhibit A for the services described herein. The rates provided shall be kept current and made available to the City's Representative within thirty (30) days of an adopted rate change. The Contractor agrees to use due diligence to keep costs from increasing. ARTICLE VI. APPEARANCE OF PERSONNEL AND EQUIPMENT 6.1 Equipment. Contractor shall ensure all collection equipment and vehicles are attractively painted, well maintained and are in good working condition. Equipment must be washed at least one time per week. Equipment and vehicles must have sufficient carrying capacity for safe and efficient collection. The City shall have the right to inspect and approve the appearance of collection equipment. A standby vehicle shall be available at all times for collection. Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 6 of 16 Page 109 of 346 6.2 Signage. Contractor's vehicles shall at all times be clearly labeled with Contractor's name and phone number in visible letters and numbers not less than three (3) inches in height. Signage must be on both sides of the vehicle and placed in a conspicuous place. Only labeled vehicles shall perform collection activities under this Agreement. Contractor's roll -offs, compactors, and receptacles must be clearly marked as used for collection in letters at least twelve inches (12") in height on each side of the container. 6.3 Personnel. All collection personnel shall wear a City -approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work attire. ARTICLE VII. COLLECTION AND TRANSPORT 7.1 Transport. The Contractor shall only transport collected materials for storage, processing, disposal, or other necessary handling to locations in a manner permitted by the terms of this Agreement as well as federal, state, and local law. This Agreement does not authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal solid waste or any other type of waste intended for disposal from any other project. 7.2 Cover. During transport of materials all vehicles shall be covered to prevent release of litter. ARTICLE VIII. PLACEMENT OF RECEPTACLES 8.1 Placement. All roll -offs, compactors, and receptacles placed in service shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall Contractor place roll -offs, compactors, or receptacles on public streets, alleys, or thoroughfares without prior approval of the City's Representative. City reserves the right to designate the exact location of any or all roll -offs, compactors, or containers placed in service in the City. 8.2 City Collection. Collections shall not interfere with the City's collection of municipal solid waste. Under no circumstances shall contractor place roll -offs, compactors, or receptacles in existing enclosures designated for City roll -offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to customer service, property damage, or personal injury from their commercial business and multifamily Recyclables collection service. 9.2 Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 7 of 16 Page 110 of 346 9.3 Response. Contractor shall respond to all complaints within one (1) business day of receiving a complaint from a Customer or notice of complaint from the City. Regardless of the nature of the complaint, Contractor shall report the action taken to the City in accordance with Article IV. Access to Records & Reporting. 9.4 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five (45) day period, Contractor shall be assessed a charge of Three Hundred Dollars ($300.00). Complaints are to be verified by the Contractor and the City's Representative. The City shall invoice the Contractor such charges. ARTICLE X. DISPOSAL AND PROCESSING 10.1 Disposal Site. Unless approved otherwise in writing by the City, Contractor shall utilize BVSWMA, Inc. Landfill for the disposal of all non -recyclable waste material collected by Contractor within the corporate limits of the City. 10.2 Processing Facility. Contractor shall only use a City -approved recycling or composting facility for processing of all Recyclables collected by Contractor within the corporate limits of the City under this Agreement. ARTICLE XI. VIOLATION AND PENALTY Fine. It shall be unlawful for any person, firm or corporation to violate any provision or term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE XII. INSURANCE 12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 12.2 The Contractor's insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are attached in Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 8 of 16 Page 111 of 346 ARTICLE XIII. INDEMNIFICATION AND RELEASE 13.1 Indemnification. Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work and services done by the Contractor under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 13.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work and services to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. ARTICLE XIV. DISPUTES AND MEDIATION 14.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the dispute shall first be referred to the operational officers or representatives designated by the parties having oversight of the Agreement's administration. The officers or representatives shall meet within thirty (30) days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. 14.2 Mediation. If the parties are not able to resolve the dispute under the procedure in this article, then the parties agree the matter shall be referred to non -binding mediation. The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall select the mediator from those mediators remaining on the list. The parties shall pay their own expenses of any mediation and will share the cost of the mediator's services. 14.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 9 of 16 Page 112 of 346 ARTICLE XV. GENERAL TERMS 15.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services in a professional manner and be fully qualified and competent to perform those services. 15.2 Termination. a. For Convenience. At any time, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30) days' written notice. City shall be compensated for outstanding Franchise Fees. b. For Cause. City may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) days of City providing Contractor written notice, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time upon which the parties may agree. c. Hearing. This Agreement shall not be terminated except upon a majority vote of the City Council, after giving reasonable notice to Contractor. The Contractor will have an opportunity to be heard, provided if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 15.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 15.4 Amendment. This Agreement may only be amended by written instrument approved and executed by the parties. 15.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes. 15.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 15.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver of deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 10 of 16 Page 113 of 346 15.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 15.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, and if by limiting that provision, the Agreement may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15.10 Entire Agreement. This Agreement represents the entire agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 15.11 Agree to Terms. The parties' state they have read the terms and conditions of this Agreement and agree to the terms and conditions. Contractor shall evidence its unconditional written acceptance of all the terms and conditions of this Agreement by the execution of this Agreement. 15.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal publication of this Agreement as provided by law, and provided it has been duly accepted by Contractor as herein above provided, this Agreement shall not take effect until sixty (60) days after its adoption on its second and final reading. 15.13 Notice. Any official notice under this Agreement will be sent to the following addresses: City of College Station Attn: Caroline Ask PO BOX 9960 College Station, TX 77842 cask@cstx.gov Brazos Valley Trash Valet & Recycling Attn: David Sparks, Owner 3515-B Longmire Dr. #205 College Station, TX 77345 dsparks@bvtrashvalet.com 15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Schedule of Rates B. Insurance Requirements C. Certificates of Insurance 15.15 Public Meetings and Readings. This Agreement was passed, adopted and approved according to Texas Government Code Chapter 551. a. First Consideration & Approval on the 24th day of November , 2025. b. Second Consideration & Approval on the 1 lth day of December, 2025. Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 11 of 16 Page 114 of 346 PROFESSIONAL TRASH VALET, LLC CITY OF COLLEGE STATION DBA Brazos Valley Trash Valet & Recycling By: NA, SpaV'L S By: Mayor Printed Name: David Sparks Title: Owner/Member Date: 11/12/2025 Date: ATTEST: City Secretary Date: APPROVED: City Manager Date: City Attorney Date: Assistant City Manager/CFO Date: Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 12 of 16 Page 115 of 346 EXHIBIT A. SCHEDULE OF RATES I. Contractor's base rate is $24.50 per pull, pull month, and may increase, depending on a variety of conditions, including but not limited to: a. Location of Customer b. Impact on Existing Routes c. Ingress and Egress Capabilities d. Special Requests by Customers e. Frequency of Collections f. Volume of Materials g. Type of Materials h. External Contributing Conditions of Market Costs Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 13 of 16 Page 116 of 346 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: a. Commercial General Liability b. Business Automobile Liability c. Workers' Compensation II. General Requirements Applicable to All Policies: a. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. b. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance -approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. c. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per -occurrence basis only. d. The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. e. The City will not accept "claims made" policies. f. Coverage shall not be suspended, canceled, non -renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability a. General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. c. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000. Limits shall be endorsed to be per project. d. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance e. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 14 of 16 Page 117 of 346 IV. Business Automobile Liability a. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain c. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. d. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page e. The coverage shall include any autos, owned autos, leased or rented autos, non -owned autos, and hired autos. V. Workers' Compensation Insurance a. Workers compensation insurance shall include the following terms: i. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required ii. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy iii. TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY" Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 15 of 16 Page 118 of 346 EXHIBIT C. CERTIFICATES OF INSURANCE Contract No. 26300126 Recyclable Collection Franchise Ordinance Page 16 of 16 Page 119 of 346 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/20/2025 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 Kay Dockins NAME: ISB Insurance 31384 FM 2920 Rd Ste B Waller TX 77484 INSURED Professional Trash Valet LLC Dba Brazos Valley Trash Valet & Recycling 3515 B Longmire Dr Ste 205 College Station TX 77845-5271 PHONE (832) 494-1963 I FAX (A/C No. Extl: I (A/C, No): E-MAIL kdockins@springinsurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE INSURERA: Acceptance Indemnity Insurance Co INSURER B : Progressive County Mutual Insurance Co INSURER C : Kinsale Insurance Company INSURER D : Texas Mutual Insurance Company INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 25-26 Master 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 ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER. X POLICY PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO B - OWNED AUTOS ONLY HIRED AUTOS ONLY UMBRELLA LIAB C X - EXCESS LIAR DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X LOC SCHEDULED AUTOS NON -OWNED AUTOS ONLY X OCCUR CLAIMS -MADE Y/N BND0005582-03 02/18/2025 02/18/2026 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) 01338021 02/18/2025 02/18/2026 I BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 01001801083 02/18/2025 02/18/2026 N/A 0001314492 10/19/2025 10/19/2026 EACH OCCURRENCE AGGREGATE XIPER STATUTE I NAIC # 20010 29203 38920 22945 1,000,000 100,000 5,000 1,000,000 2,000,000 Included 1,000,000 1,000,000 1,000,000 OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of College Station is named as Additional Insured Form CG2010 0704 on the General Liability and Auto Liability policies. Waiver of subrogation in favor of City of College Station on the General Liability, Auto Liability, and Workers Compensation Policies. Policy shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self-insurance or any insurance the City may have or obtain. Thirty (30) day notice of cancellation in favor of City of College Station except ten (10) days for nonpayment of premium. Subject to policy conditions, limitations, and exclusions. CERTIFICATE HOLDER CANCELLATION CITY OF COLLEGE STATION ATTN; RISK MANAGEMENT P 0 BOX 9960 COLLEGE STATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE TX 77842 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 120 of 346 November 24, 2025 Item No. 7.4. SH6 and Frontage Roads Temporary Speed Limit Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an ordinance temporarily amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits," of the Code of Ordinances of the City of College Station, Texas regarding the speed limits on State Highway 6 and frontage roads. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: This item will amend Schedule XIII of the Temporary Speed Limits Established for Certain Described Streets by modifying the posted speed limits along SH 6, including SH 6 Frontage Roads. This ordinance sets a temporary speed limit for the duration of the SH 6 widening project and will expire at the completion of the project. (1) State Highway 6 (main lanes), for traffic moving in a southerly direction for 4.148 miles in control section 0049-12, from milepoint 8.666 to milepoint 12.814, the speed limit shall be sixty (60) miles per hour. For the next 2.392 miles in control section 0050-02, from milepoint 9.617 to milepoint 12.009, the speed limit shall be sixty (60) miles per hour. (2) State Highway 6 (main lanes), for traffic moving in a northerly direction for 2.392 miles in control section 0050-02, from milepoint 12.009 to milepoint 9.617, the speed limit shall be sixty (60) miles per hour. For the next 4.148 miles in control section 0049-12, from milepoint 12.814 to milepoint 8.666, the speed limit shall be sixty (60) miles per hour. (3) SH 6 East Frontage Road, for traffic moving in control section 0050-02 in a northerly direction for 2.506 miles, from milepoint 12.123 to milepoint 9.617, the speed limit shall be forty-five (45) miles per hour. For the next 2.248 miles in control section 0049-12, from milepoint 12.814 to milepoint 10.566, the speed limit shall be forty (45) miles per hour. For the next 1.591 miles, from milepoint 10.566 to milepoint 8.975, the speed limit shall be forty (40) miles per hour. For the next 0.309 miles, from milepoint 8.975 to milepoint 8.666, the speed limit shall be forty-five (45) miles per hour. (4) SH 6 West Frontage Road, for traffic moving in control section 0049-12 in a southerly direction for 2.184 miles, from milepoint 8.666 to milepoint 10.850, the speed limit shall be forty (40) miles per hour. For the next 1.317 miles, from milepoint 10.850 to milepoint 12.167, the speed limit shall be forty-five (45) miles per hour. For the next 0.647 miles, from milepoint 12.167 to milepoint 12.814, the speed limit shall be forty (40) miles per hour. For the next 0.527 miles in control section 0050-02, from milepoint 9.617 to milepoint 10.144, the speed limit shall be forty (40) miles per hour. For the next 2.339 miles, from milepoint 10.144 to milepoint 12.483, the speed limit shall be forty-five (45) miles per hour. Page 121 of 346 Budget & Financial Summary: The Texas Department of Transportation installs and maintains the speed limit signs along all state roadways, such as State Highway 6 and Frontage Roads. There is no financial responsibility to the City associated with the passage of this speed limit ordinance. Attachments: 1. Letter to Mayor_CS 2. Ordinance CH 38 Sec 38 Temp Speed Limits - SH 6 Page 122 of 346 TM 2591 N Earl Rudder Fwy, Bryan, Texas 77803 Texas 979.778.2165 Department txdot. ov of Transportation g October 22, 2025 Honorable John Nicholas Mayor, City of College Station City of College Station 1101 Texas Ave. College Station, TX 77840 RE: SH 6 Construction Speed Zoning Dear Mayor John Nicholas: I am writing this letter to request that the City of College Station pass an ordinance enacting a temporary construction speed limit on US 190 / SH6 within the city limits of College Station. TxDOT will be performing SH6 widening construction, necessitating lane closures and shifts. The temporary speed zone will reduce the speeds 5-10 mph within the city limits construction zone. Attached with this letter is a copy of an ordinance. Please return one (1) executed copy of the ordinance, with the embossed City Secretary seal and original signatures to my office and keep one copy for your files. If there are any questions, please call me at 797-778-9759. Sincerely, T Itit( Ashley R. Hill, P.E. Director of Transportation Operations Bryan District, TxDOT Ashley.Hill@txdot.gov Connecting You with Texas An Equal Opportunity Employer Page 123 of 346 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38, "TRAFFIC AND VEHICLES", ARTICLE VI "TRAFFIC SCHEDULES", SECTION 38-1013 "TRAFFIC SCHEDULE XIII, TEMPORARY SPEED LIMITS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS BY ESTABLISHING A TEMPORARY SPEED LIMIT ON STATE HIGHWAY 6 AND STATE HIGHWAY 6 FRONTAGE ROADS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 38, "Traffic and Vehicles", Article VI "Traffic Schedules", Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" and attached hereto and made a part of this ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3 That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35 and expires at the completion of the State Highway 6 widening project. Page 124 of 346 ORDINANCE NO. PASSED, ADOPTED and APPROVED this day of , 2025. APPROVED: Mayor ATTEST: City Secretary APPROVED: City Attorney Page 125 of 346 ORDINANCE NO. EXHIBIT "A" That Chapter 38, "Traffic and Vehicles", Article VI "Traffic Schedules", Section 38-1013 "Traffic Schedule XIII, Temporary Speed Limits", is hereby amended by adding the following: State Highway 6 and State Highway 6 Frontage Roads. Upon completion of the State Highway 6 Widening Project and when temporary speed sign limits are removed, this temporary speed reduction ordinance will expire and speed zones shall revert to the original speed already established by ordinance. This section does not repeal any speed limit ordinances in Sec. 38-17: (1) State Highway 6 (main lanes), for traffic moving in a southerly direction for 4.148 miles in control section 0049-12, from milepoint 8.666 to milepoint 12.814, the speed limit shall be sixty (60) miles per hour. For the next 2.392 miles in control section 0050- 02, from milepoint 9.617 to milepoint 12.009, the speed limit shall be sixty (60) miles per hour. (2) State Highway 6 (main lanes), for traffic moving in a northerly direction for 2.392 miles in control section 0050-02, from milepoint 12.009 to milepoint 9.617, the speed limit shall be sixty (60) miles per hour. For the next 4.148 miles in control section 0049- 12, from milepoint 12.814 to milepoint 8.666, the speed limit shall be sixty (60) miles per hour. (3) SH 6 East Frontage Road, for traffic moving in control section 0050-02 in a northerly direction for 2.506 miles, from milepoint 12.123 to milepoint 9.617, the speed limit shall be forty-five (45) miles per hour. For the next 2.248 miles in control section 0049-12, from milepoint 12.814 to milepoint 10.566, the speed limit shall be forty (45) miles per hour. For the next 1.591 miles, from milepoint 10.566 to milepoint 8.975, the speed limit shall be forty (40) miles per hour. For the next 0.309 miles, from milepoint 8.975 to milepoint 8.666, the speed limit shall be forty-five (45) miles per hour. (4) SH 6 West Frontage Road, for traffic moving in control section 0049-12 in a southerly direction for 2.184 miles, from milepoint 8.666 to milepoint 10.850, the speed limit shall be forty (40) miles per hour. For the next 1.317 miles, from milepoint 10.850 to milepoint 12.167, the speed limit shall be forty-five (45) miles per hour. For the next 0.647 miles, from milepoint 12.167 to milepoint 12.814, the speed limit shall be forty (40) miles per hour. For the next 0.527 miles in control section 0050-02, from milepoint 9.617 to milepoint 10.144, the speed limit shall be forty (40) miles per hour. For the next 2.339 miles, from milepoint 10.144 to milepoint 12.483, the speed limit shall be forty- five (45) miles per hour. Page 126 of 346 November 24, 2025 Item No. 7.5. Playground Replacement Project at Three (3) City Parks Sponsor: Gene Ballew, Assistant Director Parks & Recreation Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a construction contract with The Playwell Group, Inc. and PlayWorks, Inc. for the demo and installation of three playgrounds at Castlegate Park, Merry Oaks Park, and Southern Oaks Park in the amount of $546,591.95 plus the City's contingency in the amount of $54,659.19 for a total appropriation of $601,251.14 Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval and award of the construction contract with The Playwell Group, Inc. and PlayWorks, Inc for the demo and installation of three playgrounds at Castlegate Park, Merry Oaks Park, and Southern Oaks Park using the BuyBoard purchasing cooperative. Summary: The three playgrounds at Merry Oaks, Castlegate Park, and Southern Oaks park were identified for replacement and improvement based on their age and condition. Staff worked with Playwell group utilizing their BuyBoard contract and the existing relationship and continuity of the Playcraft system in our parks to create two design options for each of the parks. Staff put a survey out for the community to vote on the proposed playground improvements from July 18—August 8 and received 310 responses overall. This project will utilize the BuyBoard Purchasing Cooperative of which Playwell Group and Playworks are members. (BuyBoard #781-25). We did not do an RFP on this project because we traditionally work with the vendor to determine the scope of the project and selected The Playwell Group because of compatibility with existing equipment for maintenance consistency. Standardizing on compatible equipment allows our staff to work with familiar components, streamlines our parts inventory, and maintains consistency in safety protocols across all facilities. Budget & Financial Summary: Funding for this project is from both the Capital Park Improvement Revolver and Parkland Dedication Zone 2 Fund. The Parkand Dedication Zone 2 Fund has $50,000 to contribute towards the Merry Oaks playground. The total for equipment is $341,635.16. The total for demolition and installation is $186,473.01. The total for both the equipment and installation is $528,108.17. Attachments: 1. Playwell Group, Inc. and PlayWorks, Inc. Construction Agreement Page 127 of 346 CONTRACT & AGREEMENT ROUTING FORM Crrs 01' CO3 JJ-LI' STATION Now r.ms ndns[,woe,.ry CONTRACT#: 26300125 PROJECT #: PK2600iPK2503 BID/RFP/RFQ#: N/A Project Name / Contract Description: Playground replacement project at three (3) city parks (BuyBoard Contract #781-25) Name of Contractor: The Playwell Group, Inc. and PlayWorks, Inc CONTRACT TOTAL VALUE: $ 546,591.95 Grant Funded Yes Debarment Check n Yes n No n N/A Section 3 Plan Incl. Yes No N/A • NEW CONTRACT n RENEWAL # No ■ If yes, what is the grant number:) Davis Bacon Wages Used Buy America Required Transparency Report • Yes Yes Yes No No CHANGE ORDER # OTHER No • • • N/A N/A N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Replacing three playgrounds with The Playwell Group (equipment) and Playworks (demo and installation) utilizing the BuyBoard purchasing cooperative Contract 781-25. Purchasing through a cooperative or "interlocal contract" satisfies the Texas state law requirement of local government to seek competitive procurement for the purchase of goods and services. Funding Merry Oaks Playground ($50,000) (PK2600) 41529971-6561, Castlegate Park and Southern Oaks Park remainder charge to (PK2503) 41389971 - 6561 (If required)* CRC Approval Date*: N/A Council Approval Date*: 11/24/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: WU Performance Bond: JU Payment Bond: JU Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL ta,t,w DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO Powtd, Pm/at LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (if applicable) N/A CITY SECRETARY (if applicable) 9.12.23 UPDATED 11/14/2025 11/17/2025 11/17/2025 DATE DATE DATE DATE DATE DATE Page 128 of 346 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT This Agreement is entered into by and between the City of College Station, a Texas home -rule municipal corporation (the "City"), The Playwell Group, Inc. and PlayWorks, Inc. (both jointly and severally as the "Contractor", as applicable) for the construction and/or installation of the following: Playground replacement project (BuyBoard Contract #78 1-25) 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted. 1.02 City. The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 City's Consultant. The term "City's Consultant" or "Consultant" shall mean and be understood as referring to the City's design professional(s) for the Project. 1.04 City's Representative. The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent. 1.05 Contingency Amount. The term "Contingency Amount" shall mean and be understood as referring to the amount established and appropriated by the City, to be used exclusively by the City and in the City's sole discretion, to pay City -authorized costs associated with Change Orders and other related expenses for this Project. The Contractor agrees that the Contingency Amount, if any, is established by and is for the sole use of the City, that the Contingency Amount is not included in the Contract Amount, and that the Contractor has no right to use or receive any Contingency Amount unless authorized by the City in a written and duly authorized change order. The City's Contingency Amount is: Fifty -Four Thousand Six Hundred Fifty -Nine and 19 /100 Dollars ($ 54,659.19 ). 1.06 Contract Amount. The term "Contract Amount" shall mean the amount of Contractor's lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor's Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in consideration of the Contractor's final completion of all Work in conformity with this Agreement, the City shall pay the Contractor an amount not to exceed: Five Hundred Forty -Six Thousand Five Hundred Ninety -One and 95 /100 Dollars ($ 546,591.95 ). 1.07 Contract Documents. The term "Contract Documents" shall mean those documents listed in Section 2.01. 1.08 Contractor. The term "Contractor" shall mean the person(s), partnership, or corporation who has agreed to perform the Work contemplated in this Agreement and the other Contract Documents. 1.09 Contractor's Proposal. The term "Contractor's Proposal" shall mean the document provided by the Contractor in response to, and shall include all information required by the City's Request for Proposal/Invitation to Bid for the Project. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 1 Page 129 of 346 1.10 Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.11 Final Completion. The term "Final Completion" shall mean that all the Work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. 1.12 Hazardous Substance. The term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which is defined as a hazardous substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean- up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). 1.13 Environmental Laws. The term "Environmental laws" shall mean collectively, any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws. 1.14 Interpretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.15 Nonconforming work. The term "nonconforming work" shall mean Work or any part thereof that is rejected by City's Representative as not conforming with the Contract Documents. 1.16 Parties. The "parties" are the City and the Contractor. 1.17 Proiect. The term "Project" shall mean the construction of an improvement to real property where the Work comprises either whole or a part of such construction and which may include construction by the City or separate contractors. 1.18 Proiect Manager. The term "Project Manager" shall mean the Contractor's Project Manager. The Project Manager shall assist the City in performing various administrative and oversight duties relating to the Work, subject to limitations in authority that must be verified by Contractor. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 2 Page 130 of 346 1.19 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contract with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.20 Substantially Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including retainage, however, shall be withheld until Final Completion and acceptance of the Work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.21 Work. The term "Work" as used in this Agreement shall mean the construction and services required by the Contract Documents and Exhibits, including any duly authorized change orders, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill its obligations. The Work may constitute the whole or a part of the Project. The Work includes but is not limited to all labor, parts, supplies, skill, supervision, transportation, services, and other facilities and all other items needed to produce, construct, and fully complete the Project. 1.22 Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2. CONTRACT DOCUMENTS 2.01 The Contract Documents and their priority shall be as follows: (a) This signed Agreement. (b) Addendum to this Agreement. (c) General Conditions, as may be applicable. (d) Special Conditions, as may be applicable. (e) Specifications, including the technical specifications set out at BCS Unified Design Guidelines ("Specifications"). (f) Plans. (g) Instructions to Bidders and any other notices to Bidders or Contractor. (h) Performance bond, Payment bonds, Bid bonds and Special bonds. (i) Contractor's Proposal. 2.02 Where applicable, the Contractor will be furnished three (3) sets of plans, specifications, and related Contract Documents for its use during construction. Plans and Specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03 The Contractor shall distribute copies of the Plans and Specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the Plans and Specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the Work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04 All drawings, specifications, and copies thereof furnished by the City shall not be re -used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the Plans and Specifications and "as built" drawings, are to be returned to the City on request at the completion of the Work. All Contract Documents, models, mockups, or other representations are the property of the City. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 3 Page 131 of 346 2.05 In the event of inconsistencies within or between parts of the Contract Documents, the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more stringent requirement, either or both in accordance with the City's interpretation. The terms and conditions of this Section 2.05, however, shall not relieve the Contractor of any of the obligations set forth in Sections 8.01. and 8.02 of this Agreement. 3. AWARD OF CONTRACT 3.01 Upon the notice of intent to award of the contract by the City, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents, bonds, and certificates of insurance required herein. 3.02 Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the Work in the most expedient and efficient possible manner in order to complete the Work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the Project shall be commenced on the date to be specified in the City's written notice to proceed. The notice to proceed may not be given, nor may any Work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments, particularly those required under Sections 27 and 28 (Insurance & Bonds). 4. CITY'S REPRESENTATIVE 4.01 The Contractor shall forward all communications, written or oral, to the City through the City's Representative. 4.02 The City's Representative may periodically review and inspect the Work of the Contractor. 4.03 The City's Representative shall appoint, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the Work performed under this Agreement and ensure that said Work is performed in accordance with the Plans and Specifications. 4.04 The City's Representative shall interpret questions concerning the Contract Documents. The City's inspector has authority to reject any of the Work for failure to comply with the Contract Documents and/or applicable laws. 4.05 Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may, within two (2) days from receipt of such order, make written appeal to City's Representative for his decision. 5. INDEPENDENT CONTRACTOR 5.01 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the Work. The Contractor shall have ultimate control over the execution of the Work under this Agreement. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Agreement. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 4 Page 132 of 346 5.02 Standard of Care. The Work shall be performed in a good and workmanlike manner, and in accordance with this Agreement, and all applicable laws, codes, and regulations. The construction of the Project is subject to amendments and adjustments to the Contract required by any applicable changes in regulations or requested or approved by in writing by the City. If at any time during the progress of the Work the Contractor becomes aware of any errors or omissions in the Plans or Specifications for this Project or that the Agreement deviates from applicable legal requirements, Contractor shall promptly provide written notice thereof to the City. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. 5.03 The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the Work and fulfillment of this Agreement. The Contractor shall be responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. The subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project site during the progress of the Work, including at all times subcontractors are present at the Project site, a competent English speaking Project Manager and/or superintendent and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors. All directions given to the Project Manager and/or superintendent shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the Work, and lack of such supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5.04 Unless otherwise stipulated, the Contractor shall provide and pay for all labor, materials, tools, equipment, transportation, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the Work by the Contractor. Any additional work, material, or equipment needed to meet the intent of this provision shall be supplied by the Contractor without claim for additional payment, even though not specifically mentioned herein. 5.05 Any injury or damage to the Contractor or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6. DISORDERLY EMPLOYEES The Contractor agrees to employ only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City's Representative shall inform the Contractor in writing that any person or persons on the Project are, in his opinion, incompetent, unfaithful, or disorderly, such person or person shall be discharged from the Project and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7. HOURS OF WORK The Contractor may work Monday through Friday from 7 a.m. to 6 p.m., exclusive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime, weekends, and holidays only when approved in advance by the City's Representative. The time for Substantial Completion shall not be affected in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. 8. NATURE OF THE WORK 8.01 It is understood and agreed that the Contractor has, by careful examination, studied and compared the Plans and other Contract Documents, satisfied itself as to the nature and location of the Work, the conditions of Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 133 of 346 the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the Work, the time needed to complete the Work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the Work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any Work that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02 Any design errors or omissions noted by the Contractor shall be reported promptly to the City, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. Any nonconformity discovered by or which reasonably should have been discovered or made known to the Contractor shall be reported promptly to the City. 8.03 If the Contractor fails to perform the obligations of Sections 8.01. and 8.02., the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the City for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized or reasonably should have recognized such error, inconsistency, omission or difference and knowingly failed to report it to the City. 9. POST -AGREEMENT AWARD MEETINGS 9.01 Prior to the commencement of the Work, the parties shall meet and attend a post -agreement award meeting at the time and place determined by City's Representative. At the post -agreement award meeting, the parties shall meet, discuss, and finalize all schedules, including commencement date, and/or specifications submitted for review. No later than ten (10) days prior to the post -agreement award meeting, the Contractor shall submit to City's Representative the following documents: (a) Schedule for performance of the Work ("Construction Schedule"). Project Schedule contemplated, including the starting and ending date, as well as an indication of the completion of stages of Work hereunder. Such document, once approved by the City and, if applicable, the City's Consultant shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit E. If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. The Construction Schedule shall not be modified except by written change order. Additional days or changes to the number of days in the Construction Schedule shall also be by written change order. After a written change order is approved and fully executed by all parties, the Contractor shall submit an updated Construction Schedule that reflects changes authorized by approved change orders. The Construction Schedule shall not exceed time limits current under the Contract Documents, shall be submitted with each pay application, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. (b) The names and addresses of all proposed subcontractors in writing. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 6 Page 134 of 346 (c) Schedules of the starting and ending dates of subcontractors and the scope of Work contemplated for subcontractors. (d) Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Project Superintendent/Manager. (e) For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the submission thereof, including PDF/electronic versions and CAD files. (f) Where applicable, materials procurement schedules and material supplier names, addresses and phone numbers. 9.02 The City's Representative, within five (5) working days after the initial post -agreement award conference or any other meetings, may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall thereafter sign the minutes and promptly return them to City's Representative. Where there is disagreement, City's Representative will make the final determination. 10. PROGRESS OF WORK 10.01 The Construction Schedule shall be in a detailed precedence -style critical path method ("CPM") or primavera-type format satisfactory to the City and the Consultant. The Construction Schedule shall also (i) provide a graphic representation of all activities and events that will occur during performance of the Work; (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as "Milestone Dates"). If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. 10.02 Further, the parties shall be subject to the following: (a) The Contractor shall submit a Construction Schedule and schedule of values at the initial post - agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's Construction Schedule submitted herein. The Contractor shall promptly resubmit a revised Construction Schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the Work with dates at which the Contractor will start the several parts of the Work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 7 Page 135 of 346 (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the Work is not in accordance with the approved Construction Schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03 The process of approving the Construction Schedule and updates to the Construction Schedule shall not constitute a warranty by the City that any non -Contractor milestones or activities will occur as set out in the Construction Schedule. Approval of the Construction Schedule does not constitute a commitment by the City to furnish any City -furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the City of any delays or potential delays. In the event the Construction Schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any adjustment to the Construction Schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04 The Contractor shall also prepare a submittal schedule promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Consultant's approval. The Consultant's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (i) be coordinated with the Contractor's Construction Schedule; and (ii) allow the Consultant reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 10.05 In the event the City determines that the performance of the Work, as of a Milestone Date or otherwise, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime; (ii) supplying additional manpower, equipment, and facilities; and (iii) other similar measures (hereinafter referred to collectively as "Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The City's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the Construction Schedule. (a) The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the City under or pursuant to this Subsection. (b) The City may exercise the rights furnished the City under or pursuant to this Subsection as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents. 10.06 Work Stoppage. If in the judgment of either the City or City's Representative any of the Work or materials furnished is not in strict accordance with this Agreement or any portion of the Work is being performed Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 8 Page 136 of 346 so as to create a hazardous condition, they may, in their sole discretion, order the Work of the Contractor or any subcontractor wholly or partially stopped until any objectionable person, work, or material is removed from the premises. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement, including the time of performance and deadlines therefore, nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. 11. SITE CONDITIONS AND MANAGEMENT 11.01 Where the Contractor is working around or in existing structures, it shall verify conditions at the site, including but not limited to, door openings and passages. Any items constructed or manufactured off -site or outside of buildings shall be done so that they are not too bulky for existing facilities. The Contractor shall provide special apparatus as required to handle any such items. All special handling equipment charges shall be at the Contractor's expense. Further, Contractor shall include in its price for the Work, all labor, materials, equipment and/or engineering services required to protect the adjacent properties and/or structures from damage due to performance of the Work. 11.02 The Contractor shall be responsible for all power, light, and water required to perform the Work. 11.03 Throughout the progress of the Work, the Contractor shall keep the working area free from debris of all types, and remove from premises all rubbish, resulting from any work being done by him. At the completion of the Work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied and charged back to the Contractor. 11.04 Layout of Work. Except as specifically provided herein, the Contractor shall lay out all Work in a manner acceptable to City's Representative in accordance with applicable City of College Station codes and ordinances. City's Representative will review the Contractor's layout of all structures and any other layout work done by the Contractor at the construction meeting, or at the Contractor's request, but this review does not relieve the Contractor of the responsibility of accurately locating all Work in accordance with the Plans and Specifications. 11.05 Lines and Grades. All lines and grades shall be furnished by the Contractor. Benchmarks and control stakes have been provided by the City's Representative. All benchmarks and control stakes shall be carefully preserved by the Contractor. In case of destruction or removal of the same by the Contractor, its subcontractors, or employees, such stakes, marks, etc. shall be replaced by the Contractor at the Contractor's expense. If the Contractor fails to do so, the City may do so and charge back the Contractor. Additional construction staking as needed for the Work, including lines and grades, shall be the sole responsibility of the Contractor, and the Contractor shall receive no extra time or compensation therefor. 11.06 The Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as any information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the City and the Consultant any errors, inconsistencies or omissions discovered by or made known to the Contractor. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. Contractor acknowledges the City does not represent nor warrant the accuracy or completeness of information provided by the City related to existing conditions and locations of existing utilities and services. Such information if provided, is provided to the Contractor as a matter of convenience and does not substitute for the Contractor using due diligence to reasonably observe and or to Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 137 of 346 access space to determine errors, inconsistencies or omissions. In all cases of interconnection of the Work with existing conditions, Contractor shall verify at the site all dimensions relating to such existing conditions. 11.07 Contractor's Structures. The building or locating of structures or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not damage the property where such structures are allowed and shall at all times maintain sanitary conditions in and about such structures in a manner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City, its property, or third persons as a result of the location or use of such structures. 11.08 The Contractor and any entity over whom the Contractor has control shall not erect any sign on the Project site without the prior written consent of the City. 11.09 City may have other work related to the Project performed at the Project site during the time the Work is performed. Contractor should schedule its Work to coordinate with the work of other contractors and utilities with the understanding that some of that work may be performed at times other than as set out in the Contract Documents or as otherwise anticipated. City will endeavor to have such other work performed so as not to unduly interfere with Contractor's performance when Contractor notifies City of specific reasonable needs well in advance of those needs and where it is possible to do so. In the event of substantial delay caused by another contractor or a utility, after advance notice of its needs by Contractor, Contractor will be entitled to make a claim for an extension of time as provided herein. 11.10 When two or more contractors, including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one contractor before another can begin, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor, including Contractor if applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separate contractor at the Project site, or should any claim arising out of Contractor's separate contractor at the Project site, or should any claim arising out of Contractor's performance of the Work be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by applicable laws, indemnify and hold City harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against City to the extent based on a claim arising out of Contractor's negligence. 12. MATERIALS 12.01 Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, codes, manufacturer's instructions and guarantees are required by the Contract Documents, the current edition at the time of Contract execution shall apply, unless another edition is specified in the Contract Documents. References to standards, codes, manufacturer's instructions and guarantees shall apply in full, except (1) they do not supersede more stringent standards set out in the Contract Documents, and (2) any exclusions or waivers that are inconsistent with the Contract Documents do not apply. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 10 Page 138 of 346 12.02 All materials shall be approved by the City prior to purchase by the Contractor. Unless otherwise specified herein, the Contractor shall purchase all materials and equipment outright and shall not subject the materials and equipment utilized in the Project to any conditional sales agreement, bailment, lease, or other agreement reserving unto seller any right, title, or interest therein. Title to all materials, but not risk of loss, shall pass to the City upon delivery to the Project. 12.03 Where the City deems it necessary to supply materials, it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. Moreover, the Contractor shall, on behalf of the City, accept delivery of the materials set forth in the attached "List of Materials Ordered by the City". Under such circumstances, the Contractor shall promptly forward to the City for payment the supplier's invoice together with the Contractor's receipt in writing for such materials. (a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials. (b) Further, the Contractor shall repair, repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative. (c) Before transporting any of the materials furnished or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. (d) The City shall not be obligated to furnish materials in excess of the quantities, size, kind, and type set forth in the attached List of City Furnished Materials and List of Materials Ordered by the City. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such excess materials shall be their actual cost as stated by the City. (e) Upon delivery, the Contractor shall promptly receive, unload, transport, and handle all materials and equipment on the List of Materials Ordered by the City at its expense and shall be responsible for all shipping costs. 12.04 Materials and supplies shall be new and of good quality. Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished, reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12.05 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 11 Page 139 of 346 12.06 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 12.07 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 12.08 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 12.09 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. 12.10 The Contractor shall review for compliance with the Contract Documents, approve and submit to the City's Consultant Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the City's Consultant or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. 12.11 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the City and City's Consultant that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 12.12 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the City's Consultant. 12.13 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the City's Consultant's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the City's Consultant in writing of such deviation at the time of submittal and (1) the City's Consultant has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the City's Consultant's approval thereof. 12.14 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the City's Consultant on previous submittals. In the absence of such written notice, the City's Consultant's approval of a resubmission shall not apply to such revisions. 12.15 Contractor shall be liable for and the City may withhold from Contractor's payments any amount of additional fees charged by City's Consultant for excessive resubmittal review. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 12 Page 140 of 346 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01 The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. 13.02 The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the Work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the Work will be ready for observation. 13.03 The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the Plans, Specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if said work is in accordance with the -Plans, -Specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04 City shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further, insurance changes required to keep Contractor's insurance in effect shall be the responsibility of Contractor. 14. REJECTED WORK 14.01 All work deemed not in conformity with this Agreement as determined by the City in its sole discretion, may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations, inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the Work in accordance with the requirements of this Agreement and the other Contract Documents. 14.02 If the work or any part thereof is rejected by the City, it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: (a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. (b) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 13 Page 141 of 346 14.03 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the City's Consultant's additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. 15. SUBCONTRACTING & SUBCONTRACTORS 15.01 The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02 Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the Work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Every subcontractor shall be bound by the terms and provisions of this Agreement and the Contract Documents as far as applicable to their work. Contractor's subcontract agreement shall provide that subcontractors shall assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the subcontractor's Work, which the Contractor, by these Documents, assumes toward the City and Consultant. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. 16. PAYMENT 16.01 The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such, is exempt from the payment of the sales tax on materials and supplies used in the performance of this Agreement. The Contractor shall issue exemption certificates to its suppliers and subcontractors in lieu of said sales tax for all such materials and supplies, and said exemption certificates must comply with the State Comptroller's Ruling No. 95-0.07 and shall be subject to the provision of the State Comptroller's Ruling No. 95- 0.09, effective October 1, 1969. 16.02 Progress Payment Applications. The Contractor shall submit applications for payment as provided for herein. Applications for payment will be processed by City's Representative. Before the first Application for Payment, the Contractor shall submit to the City a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City may require ("Schedule of Values"). The Schedule of Values shall not overvalue early job activities and shall follow the trade divisions of the Specifications so far as possible. Modifications must be approved by City. This schedule, unless objected to by the City, shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit F. The Schedule of Values shall be used as a basis for reviewing the Contractor's Applications for Payment. On or before the 15th day of each month, the Contractor shall submit to City's Representative, for approval or modification, an updated Project Schedule and a statement, backed by the Schedule of Values, showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to and including the last day of the preceding month. The statement shall also include the value of all materials Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 14 Page 142 of 346 not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the Work. 16.03 Progress Payments. On or before the 30th calendar day following the City's receipt of a progress payment application made in conformity with Section 16.02, the City shall pay to the Contractor the approved amount of the progress payment based on the Contractor's applications for payment, and the recommendation and approval of City's Representative. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of Work completed by the Contractor and approved by the City, but in each case less the aggregate of payments previously made, less retainage, and less amounts as City's Representative shall determine and the City may withhold in accordance with this Agreement. Upon Final Completion, including the delivery of all close out documents, such as "as built" drawings, warranties, guarantees, required additional materials, releases, operation and maintenance manuals, and acceptance of the Work in accordance with this Agreement, the City shall pay the remainder of the balance due under this Agreement, less any sums withheld under other terms of this Agreement and less the retainage, which shall be retained for a period of thirty (30) calendar days from the date of Final Completion. Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. 16.04 Retainage. From each approved statement, the City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. OR: 16.04 Retainage. This section has been removed. No retainage will be deducted. 16.05 If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06 Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re -stocking charges actually incurred by the Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07 The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the Work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable obj ection. 16.09 Unless otherwise provided in the Contract Documents: Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 143 of 346 (a) Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; (b) Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Amount but not in the allowances; and (c) Whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 16.9(a) and (2) changes in the Contractor's costs under Section 16.9(b). 16.10 Suspension of Payments. The City, at any time, may suspend monthly progress payments on the Work if it determines that the projected liquidated damages may exceed retainage. The City, at any time, may suspend monthly progress payments if it believes that the Contractor will not complete the Work due to actual default or that the Contractor has represented or done some act that indicates that it will not complete the Work in accordance with this Agreement or within the time period submitted in its bid. Provided, however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Section. 16.11 Withhold Funds. Regardless of any bond, the City may, on account of subsequently discovered evidence and in addition to the retainage withheld under Section 16.04, withhold funds or nullify all or part of any acceptance or certificate to such extent as may be necessary to protect itself from loss on account of any of the following, or as otherwise provided in this Agreement: (a) Defective work other than defects in design provided to Contractor by a person other than Contractor's agents, contractors, fabricators, or suppliers, or its consultants, of any tier for non -critical infrastructure. (b) Failure to timely disclose in writing to the City of a known defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications or other design documents. (c) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. (d) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. (e) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. (f) Claims made or reasonable evidence indicating claims will be made for damage to third parties, including adjacent property owners. (g) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. (h) City's determination of an amount of liquidated damages. (i) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. (j) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. (k) Corrections of mistakes, errors and overpayments in relation to prior pay applications and payments. Provided, however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Section. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 16 Page 144 of 346 16.12 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. 17. EXTRA WORK CHARGES 17.01 No changes shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02 City Manager Approval. When the original contract amount plus all change orders is One Hundred Thousand Dollars ($100,000) or less, the City Manager or his designee may approve the written change order in accordance with 17.03 below, provided the change order does not increase the total amount set forth in the Contract to more than One Hundred Thousand Dollars ($100,000). For such contracts, when a change order results in a total contract amount that exceeds One Hundred Thousand Dollars ($100,000), the City Council of the City must approve such change order prior to commencement of the services or work. n17.03 For "Extra Work", as defined in this Agreement and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original Contract price may not be increased by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non -included cost. OR: 17.03 For construction contracts funded in whole or in part by Certificates of Obligations, for "Extra Work," as defined in this Agreement and authorized through written change orders, and pursuant to Section 271.060 of the Texas Local Government Code, a contract with an original contract price of $1 million or more may not be increased by more than twenty-five percent (25%). If a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than $1 million increases the Contract Amount to $1 million or more, subsequent change orders may not increase the revised Contract Amount by more than twenty-five percent (25%). Written change orders may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 17 Page 145 of 346 included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non -included cost. 17.04 The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Completion of the Work shall not excuse the Contractor from performing all the Work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the Work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the Work and the Contractor shall assume and pay the costs of the performance of the Work as contracted. (a) It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a written work order signed by City. (b) No claim for Extra Work of any kind will be allowed unless ordered in writing by the City. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive compensation or an adjustment in the construction time, it shall make written request to City's Representative for a written order from City authorizing such Extra Work. (c) Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the Work after making written requests for written orders in a change order and shall keep adequate and accurate account of the actual field costs therefor, as provided under Method C. (d) It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Method A - By agreed unit prices, or Method B - By agreed lump sum, or Method C - If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost (as defined in subsection (g) below) of the Work. (e) Method A - Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as follows: (1) The cost of materials shall be determined by the invoices; (2) The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 18 Page 146 of 346 (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, workers' compensation, and all other insurance as may be required by law or ordinances or required and agreed to by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1) No indirect or consequential damages will be allowed. (2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned man loading to actual man loading, or any other analysis that is used to show damages indirectly. (3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01 The date of beginning, the time for Substantial Completion and Final Completion of Work as specified in this Agreement are of the essence of this Agreement. 18.02 The Work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post -award conference. 18.03 The Work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04 The Work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 147 of 346 19.01 The Contractor shall notify City's Representative when, in the Contractor's opinion, the Contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the Work has been Substantially Completed, City's Representative shall inspect the Work for the preparation of a final punch list. (a) If City's Representative and the City find that the Work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the Work. City's Representative shall not be required to provide a list of unfinished work. (b) If the City Representative and City find that the Work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19.02 The Substantial Completion of the Work shall not excuse the Contractor from performing all of the Work, whether of a minor or major nature, necessary for Final Completion and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01 Contractor shall notify the City's Representative when it believes that the Work has reached Final Completion as defined in this Agreement. If the City's Representative and the City accept and deems such Work Finally Complete, then Contractor shall be so notified and certificates of completion and acceptance, as provided herein, shall be issued. A complete itemized statement of this Agreement account, certified by the City's Representative as correct, shall then be prepared and delivered to Contractor. Contractor or City, as the case may be, shall pay the balance due as reflected by said statement within thirty (30) calendar days. 20.02 The Contractor shall procure all required certificates of acceptance or completions issued by state, municipal, or other authorities and submit the same to the City. The City may withhold any payments due under this Agreement until the necessary certificates are procured and delivered. 20.03 Neither the final payment nor any acceptance nor certificate nor any provision of this Agreement shall relieve the Contractor of any responsibility for faulty workmanship or materials. At the option of the City, the Contractor shall remedy any such defects and pay for any damage to other work which may appear after final acceptance of the Work. 21. DELAYS 21.01 The Contractor, in undertaking to complete the Work within the times herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such Work, whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise. 21.02 The City may, in its sole discretion, delay the Work during inclement weather in order to preserve the Project, insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Section 22 to offset for such stoppage of the Work. 21.03 No payment or compensation of any kind shall be made to the Contractor for damages because of hindrance or delay in the progress of the Work, unless such delays (1) are caused by the actual interference, fraud, bad faith or misrepresentation by the City or its agents, (ii) extend for an unreasonable length of time; or (iii) were not contemplated by the parties at the time of contracting. In the event of any delay entitling Contractor to an Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page20 Page 148 of 346 increase in Contract Amount, except when due to City's intentional interference or fraud, Contractor's recovery shall be limited as outlined in Section 21.04 below. The City's reasonable exercise of any of its rights or remedies under the Contract, regardless of the extent or frequency, shall not under any circumstances be construed as interference with the Contractor's performance of the Work. 21.04 In the event of delays resulting from changes ordered in the Work by the City or other delays caused by the City or for the City's convenience, the Contractor may apply to the City for recovery of incidental damages resulting from increased storage costs or other costs necessary to protect the value of the Work. In no event shall any consequential or other damages be allowed or any other charges or claims be made by the Contractor for hindrances or delays resulting from any other cause. 22. EXTENSIONS OF TIME 22.01 The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including, but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completion, except when the Work has been delayed by one or more of the following: (a) An act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; (b) By changes ordered in the Work, or reductions thereto approved in writing; (c) By "rain days" (days with rainfall in excess of one -tenth of an inch) during the term of this Agreement that exceed the average number of rain days for such term for this locality, both as determined by the National Weather Service Forecast Office for Easterwood Airport in College Station, Texas (KCLL/CLL); or (d) By other causes that the City and the Contractor agree may reasonably justify delay and that were beyond the Contractor's reasonable control and ability to estimate, predict, or avoid, such as delays caused by unforeseen labor disputes, fire, natural disasters, acts of war, and other rare and unpredictable events. This term does not include normal delays incident to the delivery of materials, tools, or labor that reasonably could have been predicted and/or accounted for in the Contractor's Proposal or decision to bid. 22.02 If one or more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time, within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required by the City's Representative. Within ten (10) calendar days after receipt of a written request for an extension of time, which is supported by all requested documentation, the City shall, in writing and in its sole discretion, grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing and in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01 The time for the Substantial and Final Completion of the Work described herein are reasonable times for the completion of each, taking into consideration all conditions, including but not limited to the average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor's failure to meet the deadlines for Substantial and/or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 121 Page 149 of 346 that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 As a result of the difficulty in estimation, calculation and ascertainment of City's damages due to a failure of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the Work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Section 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of Two Hundred and 00 /100 DOLLARS ($ 200.00 ) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01 The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02 The Contractor shall take the necessary precautions to protect any areas adjacent to its Work. 24.03 The Work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01 Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (1) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative, and all work will be of good quality, free from faults and defects (other than defects from third parties as set out in Chapter 59 Texas Business and Commerce Code relating to non -critical infrastructure), and in conformance with this Agreement, the other Contract Documents, and recognized industry standards . 25.02 All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03 This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04 Where more than a one (1) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 22 Page 150 of 346 25.05 This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 25.06 Defective Work Discovered During Warranty Period. If any of the Work is found or determined to be either defective, including obvious defects under warranty as set forth in this Section 25, or otherwise not in accordance with this Agreement within one (1) year after the date of the issuance of a certificate of Final Completion of the Work or a designated portion thereof, whichever is longer, or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall nromntly. upon receipt of written notice by the City, correct the defective work at no cost to the City. 25.07 The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08 If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the Work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the Work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09 The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10 The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (1) year after the installation or completion. The one (1) year warranty shall cover all Work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the Work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01 Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02 Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Section 26.01, the Contractor or subcontractor as the case may be shall pay the City sixty dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03 The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable, without discount, no less than once each week. 26.04 No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page23 Page 151 of 346 shall state that the copy is a true and correct copy of such payroll and that no rebates or deductions (except as shown) have been made or will be made in the future from the wages therein shown. 26.05 Payment of Subcontractors. The Contractor shall be solely and exclusively responsible for compensating any of the Contractor's employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by the City. In the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the Work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 26.06 Affidavit of Bills Paid. Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 27. INSURANCE 27.01 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth below. During the term of this Agreement Contractor's insurance policies shall meet the minimum requirements of this section. 27.02 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Excess Liability — required for contract amounts exceeding $1,000,000. (d) Builder's Risk — provides coverage for contractor's labor and materials for a project during construction that involves a structure such as a building or garage, builder's risk policy shall be written on "all risks" form. (e) Workers' Compensation/ Employer's Liability. 27.03 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Only licensed Insurance Carriers authorized to do business in the State of Texas will be accepted. (b) Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. (c) "Claims Made" policies are not accepted. (d) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City of College Station. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page24 Page 152 of 346 (e) The City of College Station, its agents, officials, employees and volunteers, are to be named as "Additional Insured" to the Commercial General, Umbrella and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officials, employees or volunteers. 27.04 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated "A:VIII" or better in accordance with the current A.M. Best Key Rating Guide. (b) Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. (c) Coverage shall be at least as broad as ISO form GC 00 01. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for the City's review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. 27.05 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated "A:VIII" or better in accordance with the current A.M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned autos, leased or rented autos, non -owned autos, any autos and hired autos. (e) Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1,000,000.00, where such exposures exist. 27.06 Excess Liability. The following Excess Liability requirements shall apply: Unless otherwise agreed in writing, excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the Agreement, whichever is greater, per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000 in total value. 27.07 Additional Insured. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 25 Page 153 of 346 Those policies set forth in Sections 27.04, 27.05, and 27.06 shall contain an endorsement listing the City as Additional Insured and further providing that the Contractor's policies are primary to any self-insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form acceptable to the City. Waiver of subrogation in a form acceptable to the City shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached hereto as Exhibit C, and approved by the City before Work commences. 27.08 Builder's Risk Until the Work is completed and accepted by the City, the Contractor shall purchase and maintain builder's risk insurance upon the entire Work at the Project site to the full insurable value thereof, including any increases in value due to duly authorized change orders to the Work and Project. The builder's risk insurance shall also cover portions of the Work stored off site after written approval of the City of the value established in the approval, and also portions of the Work in transit. This insurance shall include the interests of the City, the Contractor, subcontractors and sub -subcontractors in the Work and shall insure against the perils of fire, wind, storm, hail, lightning and extended coverage including flood and earthquake and shall include all-risk insurance for physical loss or damage, including, without duplication of coverage, theft, vandalism and malicious mischief. The insurance shall cover reasonable compensation for City's Consultant's services and expenses required as a result of an insured loss. This must be an all-risk policy incorporating the following language: Permission is given for the Project insured hereunder to become occupied, the insurance remaining in full force and effect until such time as the Project has been accepted by the City, all as currently approved by the Texas Board of Insurance Commissioners When permissible by law, the Certificate of Insurance must include the names of the insured Contractor and the City. The deductible under the policy, including that for flood shall not exceed $100,000.00 without the written approval of the City. 27.09 Workers' Compensation/Employer's Liability Insurance. The following Workers' Compensation Insurance requirements shall apply. (a) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers' compensation insurance policy: either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers' Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. (b) Workers' Compensation/ Employer's Liability insurance shall include the following terms: 1. Employer's Liability minimum limits of $1,000,000.00 for each accident/each disease/each Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page26 Page 154 of 346 employee are required. 2. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. 3. Texas must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. (c) Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: "A. Definitions: Certificate of coverage ("certificate') — An original certificate of insurance, a certificate of authority to self -insure issued by the Division of Workers' Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the Work on the project until the Contractor's/person 's Work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in § 406.096 [of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page27 Page 155 of 346 extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers' Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page28 Page 156 of 346 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 Sections (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Agreement, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the Agreement void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity." 27.09 Certificates of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance -approved form, and shall contain the following provisions and warranties: (a) The company is authorized to do business in the State of Texas. (b) The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Department of Insurance or ISO. (c) Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 28. BOND PROVISIONS 28.01 Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City's discretion, such bonds shall be executed in accordance with all requirements of Chapter 3503 of the Texas Insurance Code, all other applicable law, and the following: Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page29 Page 157 of 346 (a) The Contractor shall execute performance and payment bonds for the full Contract Amount and, if required by Contractor's surety to cover increases in the dollar amounts or amount of Work that is increased by a duly authorized change order, Contractor shall secure performance and payment bond riders to increase the dollar amounts and coverages of the performance and payment bonds. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents, which are attached as Exhibit B, together with valid original powers of attorney, at the time of execution of this Agreement by Contractor and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit B. (d) The performance and payment bonds, and any subsequently issued bond riders, shall remain in effect for a period of one (1) year after Final Completion of the Work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02 The Contractor may make such changes and alterations as the City may require in the Work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned, in accordance with the provisions of Article 17. 29. SURETY 29.01 If the Contractor has abandoned the Project or the City has terminated the Contract for cause and the Contractor's Surety, after notice demanding completion is sent, fails to commence the completion of the Work in compliance with this Agreement, then the City at its option may provide for completion of the Work in either of the following manners: (a) The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the Work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. (b) The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the Work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what would have been the cost under this Agreement, such increase together with all of the City's damages due to Contractor's abandonment and/or default, including liquidated damages, as provided pursuant to Section 38, entitled "TERMINATION FOR CAUSE" shall be charged to the Contractor and the surety Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page30 Page 158 of 346 shall be and remain bound therefor. However, should the cost to complete such new agreement prove to be less than that which would have been the cost to complete the Work under this Agreement, the Contractor shall be credited therewith after all deductions are made in accordance with this Agreement. 29.02 Should the cost to complete the Work exceed the Contract Amount and the Contractor fails to pay the amount due to the City within the time designated and there remains any machinery, equipment, tools, materials, or supplies on the Project site, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor at its respective address designated in this Agreement; provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 29.03 In the event the account shows that the cost to complete the Work is less than that which would have been the cost to City had the Work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the Project site shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01 The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. 30.02 The Contractor shall perform and require all subcontractors to perform the Work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 30.03 The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01 All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attn.: Assistant Chief'. 31.02 The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the Work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the Work as may be necessary. 31.03 The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page31 Page 159 of 346 hazards created by the performance of the Work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04 Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in this Agreement, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as defined in this Agreement). In the event Contractor engages in any of the activities prohibited in this Section 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from the activities prohibited in this section 31.04. 31.05 In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06 City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07 It is the Contractor's responsibility to comply with all Environmental Laws (as defined in this Agreement) based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Subchapter 756 of the Tex. Health & Safety Code Ann. §756.022-023, and the requirements of 29 C.F.R., Subpart P — Excavations (sections 1926.650 et. seq.) of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page32 Page 160 of 346 32.03 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty, responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 32.04 The Contractor must provide the City the name of the "competent person" required by OSHA standards to perform the trench safety inspections. The Contractor must make daily inspections to ensure that the systems comply with all applicable laws and regulations, and must maintain a permanent record of daily inspections available for examination by the City or other government authority. 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. 33. INDEMNITY 33.01 CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THE CONTRACT DOCUMENTS. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02 The indemnification contained in Section 33.01 shall include but not be limited to the following specific instances: (a) The City is damaged due to the act, omission, mistake, fault or default of the Contractor. (b) In the event of any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) In the event of any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. (d) In the event of any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. (e) The removal of all debris related to the Work. (f) The acts and omissions of the subcontractors it hired. (g) The Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page33 Page 161 of 346 33.03 The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 33.04 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Section 33.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 33.05 The indemnity provisions provided herein shall survive the termination or expiration of this Agreement. 33.06 The indemnification obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers compensation acts, disability benefit acts or other employee benefit acts. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 34. RELEASE 34.01 The Contractor assumes full responsibility for the Work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's Work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 35. PERMITS AND LICENSES 35.01 The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the Work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 36. ROYALTIES AND LICENSING FEES Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 134 Page 162 of 346 36.01 THE CONTRACTOR SHALL PAY ALL ROYALTIES AND LICENSING FEES. THE CONTRACTOR SHALL HOLD THE CITY HARMLESS AND INDEMNIFY THE CITY FROM THE PAYMENT OF ANY ROYALTIES, DAMAGES, LOSSES OR EXPENSES INCLUDING ATTORNEY'S FEES FOR SUITS, CLAIMS OR OTHERWISE, GROWING OUT OF INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, MATERIALS AND METHODS USED IN THE PROJECT. IT SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT RIGHTS. FURTHER, IF THE CONTRACTOR HAS REASON TO BELIEVE THAT THE DESIGN, SERVICE, PROCESS, OR PRODUCT SPECIFIED IS AN INFRINGEMENT OF A PATENT, IT SHALL PROMPTLY GIVE SUCH INFORMATION TO CITY'S REPRESENTATIVE. 37. BREACH OF CONTRACT & DAMAGES 37.01 The City shall have the right to declare the Contractor in breach of this Agreement for cause when the City determines that this Agreement is not being performed according to its understanding of the intent and meaning of this Agreement. Such breach shall not in any way invalidate, abrogate, or terminate the Contractor's obligations under this Agreement. 37.02 Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to damages for breach of contract, upon but not limited to the following occurrences: (a) If the Contractor shall fail to remedy any default after written notice thereof from City's Representative, as City's Representative shall direct; or (b) If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or (c) If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 38. TERMINATION FOR CAUSE 38.01 At any time, and without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety for any of the following: (a) If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors and, after notice, fails to provide adequate assurance that it can remedy all of its defaults; or (b) If a receiver, trustee, or liquidator of any of the property or income of the Contractor is appointed; or (c) If the Contractor fails to prosecute the Work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or (d) If the Contractor fails to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page 35 Page 163 of 346 (e) If the Contractor fails for any reason other than the failure by City's Representative to make payments called upon when due; or (f) If the Contractor abandons the Work. (g) If the Contractor commits a material default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 39. TERMINATION FOR CONVENIENCE 39.01 The performance of the Work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the Work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE 40.01 If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the Work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the Work itself or by others, pursuant to the foregoing, then the Contractor and/or Contractor's surety will reimburse City for all costs incurred by the City (including, without limitation, applicable, general, administrative expenses, field overhead, the cost of necessary equipment, materials, field labor, additional fees paid to architects, engineers, attorneys or others to assist the City in connection with the termination and liquidated damages) in completing and/or correcting work by the Contractor that fails to meet any requirement of this Agreement or the other Contract Documents. 41. CLOSE OUT 41.01 After receipt of a notice of termination, whether for cause or convenience, unless otherwise directed by City's Representative, the Contractor shall, in good faith and to the best of its ability, do all things necessary in the light of such notice to assure the efficient and proper closeout of the terminated work (including the protection of City's property). Among other things, the Contractor shall, except as otherwise directed or approved by City's Representative, do the following: (a) Stop the work on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts for services, equipment, or materials, except as may be necessary for completion of such portion of the Work as is not terminated; Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page36 Page 164 of 346 (c) Terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by the notice of termination; (d) Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Repre- sentative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (e) With the approval of City's Representative, settle all outstanding liabilities and all claims arising out of such termination, orders, and subcontracts; (f) Deliver to City's Representative, when directed by City's Representative, all documents and all property, which if the Work had been completed, Contractor would have been required to account for or deliver to City's Representative, and transfer title to such property to City's Representative to the extent not already transferred. 42. TERMINATION CONVERSION 42.01 Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Section 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a termination for convenience pursuant to Section 39 and Contractor's remedy for such termination shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Section 39. 43. HIRING 43.01 During the term of this Agreement and for a period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT 44.01 This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45. EFFECTIVE DATE 45.01 This Agreement goes into effect when duly approved by all the parties hereto and is contingent upon Contractor obtaining the bonds required herein. 46. OTHER TERMS 46.01 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page37 Page 165 of 346 the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. 46.03 Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.04 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.05 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 46.06 Mediation. After receipt of a written notice of a claim, the City may elect to refer the matter to the City's Consultant, City's Representative or another party for review. Contractor will attend meetings called to review and discuss the claims and mitigation of the problem, and shall furnish any reasonable factual backup for the claim requested. The City may also elect to defer consideration of the claim until the Work is completed, in which case the same review options shall be available to the City at the completion of the Work. At any stage, the City, at its sole discretion, is entitled to refer a claim to mediation under the Construction Industry Mediation Rules of the American Arbitration Association, and, if this referral is made, Contractor will take part in the mediation process. The filing, mediation or rejection of a claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under City's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in College Station, Texas. 46.07 Arbitration. In the event of a dispute and upon the mutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.08 Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 46.09 Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this Agreement. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page38 Page 166 of 346 46.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 46.11 Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.12 Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.13 Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.14 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.15 Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. 46.16 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) Boycott Israel. If this Contract is for goods and services subject to § 2270.002 Texas Government Code, Contractor verifies that it (i) does not boycott Israel; and (ii) will not boycott Israel during the term of this Contract; (b) Boycott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Contractor verifies that it (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Contractor herein verifies that it (i) does not boycott energy companies; and (ii) will not boycott energy companies during the term of this Contract. 46.17 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 VendorInvoiceEntrvna,cstx.gov if the Contractor reasonably suspects or knows if any of their financial information has been subject to fraudulent activity or suspected fraudulent activity. Contract No. 26300125 Construction Agreement Over $50,000 Form 4-20-23 Page39 Page 167 of 346 List of Exhibits A. Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule THE PLAYWELL GROUP INC. CITY OF COLLEGE STATION By: ,,a tAt-S P 10t,V'fhbin, By: City Manager Printed Name: James D Robertson Date: Title: Pracirlant Date: 11/14/2025 PLAYWORKS, INC. By: cumt-S '/ r6tYILSbin, Printed Name: James D Robertson Title: President Date: 11/14/2025 Contract No, 26300125 Construction Agreement Over $50,000 Form 4-20-23 APPROVED: awl puma City Attorney Date: 11/17/2025 Assistant City Manager/CFO Date: 11/17/2025 Page 40 Page 168 of 346 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 26300125 Construction Agreement Over $50,000 Form 04-20-2023 Page 169 of 346 "General Decision Number: TX20250007 09/19/2025 Superseded General Decision Number: TX20240007 State: Texas Construction Type: Heavy Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) Construction Projects Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022: If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022: . Executive Order 14026 generally applies to the contract. . The contractor must pay all covered workers at least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. . Executive Order 13658 generally applies to the contract. • The contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, Page 170 of 346 if it is higher) for all hours spent performing on that contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2025 1 09/19/2025 SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) $ 12.56 ** ELECTRICIAN $ 26.35 FORM BUILDER/FORM SETTER Paving & Curb $ 12.94 ** Structures $ 12.87 ** LABORER Asphalt Raker $ 12.12 Flagger $ 9.45 Laborer, Common $ 10.50 Laborer, Utility $ 12.27 Pipelayer $ 12.79 Work Zone Barricade Servicer $ 11.85 PAINTER (Structures) $ 18.34 ** ** ** ** ** ** POWER EQUIPMENT OPERATOR: Agricultural Tractor $ 12.69 ** Asphalt Distributor $ 15.55 ** Asphalt Paving Machine $ 14.36 ** Page 171 of 346 Boom Truck $ 18.36 Broom or Sweeper $ 11.04 Concrete Pavement Finishing Machine $ 15.48 Crane, Hydraulic 80 tons or less $ 18.36 Crane, Lattice Boom 80 tons or less $ 15.87 Crane, Lattice Boom over 80 tons $ 19.38 Crawler Tractor $ 15.67 Directional Drilling Locator $ 11.67 Directional Drilling Operator $ 17.24 Excavator 50,000 lbs or Less $ 12.88 Excavator over 50,000 lbs$ 17.71 Foundation Drill, Truck Mounted $ 16.93 Front End Loader, 3 CY or Less Front End Loader, Over 3 Loader/Backhoe Mechanic Milling Machine Motor Grader, Fine Grade Motor Grader, Rough Pavement Marking Machine.. Reclaimer/Pulverizer Roller, Asphalt Roller, Other Scraper Spreader Box Trenching Machine, Heavy Servicer $ 13.04 13.21 14.12 17.10 14.18 18.51 14.63 19.17 12.88 12.78 10.50 12.27 14.04 18.48 14.51 ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** Steel Worker Reinforcing $ 14.00 ** Structural $ 19.29 TRAFFIC SIGNALIZATION: Traffic Signal Installation Traffic Signal/Light Pole Worker $ 16.00 ** TRUCK DRIVER Lowboy -Float $ 15.66 ** Off Road Hauler $ 11.88 ** Page 172 of 346 Single Axle $ 11.79 Single or Tandem Axle Dump Truck $ 11.68 Tandem Axle Tractor w/Semi Trailer $ 12.81 WELDER $ 15.97 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). Page 173 of 346 The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non -union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by Page 174 of 346 computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non -union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Page 175 of 346 Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. END OF GENERAL DECISION" Page 176 of 346 1. Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3. The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 1/2) times the base hourly rate. 4. The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. 5. Except for Heavy/Highway Construction, building construction wage rates shall be paid to all workers except those workers engaged in site work and construction beyond five feet of buildings. Contract No. 26300125 Construction Agreement Over $50,000 Form 04-20-2023 Page 177 of 346 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 26300125 Construction Agreement Over $50,000 Form 04-20-2023 Page 178 of 346 PERFORMANCE BOND Bond No. 0273930 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE, The Playwell Group/Playworks/Playcraft Systems, LLC , as Principal, hereinafter called "Contractor" and the other subscriber hereto Berkley Insurance Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Five Hundred Forty Six Thousand Five Hundred Ninety One and 95 /100 Dollars ($ 546,591.95 ) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for Playground replacement project (BuyBoard Contract #781-251 all of such Work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having fully considered its Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty (30) days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be Contract No. 26300125 Construction Agreement Over S50,000 Form 04-20-2023 Page 179 of 346 done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work to be done thereunder, and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond and it does hereby waive notice of any such change in Contract Time or Contract Sum. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the Work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees incurred by the city in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. Contract No. 26300125 Construction Agreement Over $50,000 Form 04-20-2023 Page 180 of 346 Bond No. 0273931) FOR THE CONTRACTOR: ATTEST & SEAL: (ifa corporation) (SEAL) WITNESS: (if not a corporation) By: By: Name: 1n, Fx.x.sAi Nam Title: C,W tIx x- SexviCQ(wt-h1aSS Title: Date: Date: 11/24/25 FOR THE SURETY: ATTEST/WITNESS By 1tht Name: Allison Perez Title: Witness Date: 11/24/25 FOR THE CITY: REVIEWED: Va1\46, etio n it (SEAL) The Playwei dr. up/PIayworks/Playcraft Systems, LLC (Name of NE a tor) ...Ifs.v 4 ail.. 11/24/25 l^S p. paw,- Berkley Insurance Company (Full Name of Surety) 475 Steamboat Road Greenwich, CT 06830 (Address of Surety for Notice) By: C VLi- Naine: AnnMarie Keane Title: Attorney -in -Fact Date: 11/24/25 THE FOREGOING. BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. See attached Warranty Limitation Rider to Performance Bond. Contract No. 26300125 Construction Agreement Over 550.000 Form 04-20-2023 Page 181 of 346 WARRANTY LIMITATION RIDER TO PERFORMANCE BOND This rider is an attachment to and forms a part of the Performance Bond No. 0273930 executed by Berkley Insurance Company as Surety, on behalf of The Plavwell Groun/Plavworks/Plavcraft Systems. LLC ("PrincipaI") and in favor of the City of College Station for Playground Replacement Project (BuvBoard Contract #78l -25) ("Contract") dated November 24.2025. It is a condition of this Performance Bond that the warranty obligations of Berkley, notwithstanding any provision to the contrary in the Contract or related documents, is limited to a term not to exceed one year from the date of substantial completion of Principal's performance under the Contract. By acceptance of this bond and this rider, the Obligee acknowledges that Berkley's warranty obligations under the bond shall not exceed one year from the date of substantial completion of Principal's performance under the Contract, and the Obligee agrees that any warranty claim by the Obligee under this bond must be discovered and asserted against Berkley within one year from substantial completion. Any extended warranties provided in the Contract by the Principal and/or product manufacturers for workmanship or materials that exceed one year from the substantial completion date shall be the sole obligations of the Principal and/or the product manufacturers and shall be explicitly excluded from coverage under this performance bond provided by Berkley. By acceptance of this bond, the Obligee acknowledges that the warranty periods in the Contract are not statutory requirements, and that the Obligee can and does waive coverage under the bond for such warranties following one year from substantial completion of the Contract. The Obligee acknowledges that Berkley is relying on these representations as a condition to issuing this performance bond. Signed, sealed, and dated this 24th day of November 2025. SURETY: PRINCIPAL: I3erklev Insurance Company _ The Plavwetl Groctiilt}ltvHlorks/Playcraft Systems. LLC By: AnnMarie Keane, Attorney -in -Fact By: Page 182 of 346 THE STATE OF TEXAS THE COUNTY OF BRAZOS TEXAS STATUTORY PAYMENT BOND Bond No. 0273930 § § § KNOW ALL MEN BY THESE PRESENTS: THAT WE, The Playwell Group/Playworks/Playcraft Systems, LLC called "Principal" and the other subscriber hereto Berkley Insurance Company corporation organized and existing under the laws of the State of Delaware , as Principal, hereinafter ,a , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Five Hundred Forty Six Thousand Five Hundred Ninety One and 95 /100 Dollars ($ 546,591.95 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the 24 day of November , 20 25 , for Playground replacement project (BuyBoard Contract #781-25) , referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the Work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond, and it does hereby waive notice of any such change in Contract Time or Contract Sum. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Contract No. 2630012S Construction Agreement Over $50,000 Form 04-20-2023 Page 183 of 346 Bond No. 0273930 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) Title: CA S'tU .( Cz w tivut.sS Date: 11/24/25 FOR THE SURETY: ATTEST/WITNESS (SEAL) By: aekten•49 L. Name: Allison Perez i'itle: Witness Date: 11/24/25 By: The Playwell Groups' Iayworks/Playcraft Systems, LLC (Name of Con tor) By: Name: Title: • �rs t ��� Date: 11/24/25 Berkley Insurance Company FOR THE CITY: REVIEWED: ft, (Full Name of Surety) 475 Steamboat Road Greenwich, CT 06830 (Address of Surety for Notice) Name: AnnMarie Keane Title: Attorney -in -Fact Date: 11/24/25 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. Contract No. 26300125 Construction Agreement Over $50,000 Form 04-20-2023 Page 184 of 346 No. Bt 7939k-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Annette Audinol; Kelly O'Malley; April D. Perez; Jessica lannotta; Megan Schlueter; Ann Marie Keane; Allison Perez; Amanda Harvin; or Kimberly Leonard of Marsh USA LLC of Morristown, NJ its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings including bid related commitments such as Consent of Surety, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of May , 2024 ,a um;;-i Attest: ,_ __ Berkley Insurance Company, / i S 1,1, By LOti By ` ii1�+� . ��"l(I t/'^' p ` aft Philip S. elt Je 11 dt1Ta;16 Executive Vice President & Secretary STATE OF CONNECTICUT ) ) ss: COUNIT OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this , 2'd day of May Jeffrey M. Hatter who are sworn to me to be the Executive Vice President and Secretary, , of Beridey Insurance Company. WRAC. R14V08AKEN 14011Rt MOW OOEINECTICUI Senior Vice President 2024 , by Philip S. Welt and and the Senior Vice President, Notary Public, State of Connecticut Iff COMMISSION IMINFIEBCM 21120 CERTIFICATE I. the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY. DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and Oat the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of is in full force and effect as of this date. / i 5"'14a EAL I � udder my hand and seal of the Company, this 24th day of November , 2025 , Viuceut P. Forte Page 185 of 346 IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP Please send all notices of claim on this bond to: Berkley Surety Group (866) 768-3534 or BSGClaim@BerkleySurety.com 412 Mount Kemble Avenue, Suite 310N Morristown, NJ 07960 Attn: Surety Claims Department You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. Page 186 of 346 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 26300125 Construction Agreement Over $50,000 Form 04-20-2023 Page 187 of 346 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/31 /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 Cooper Risk Advisors, LLC PO Box 638 904 N Main Street Lapel IN 46051 INSURED The Playwell Group, Inc. & Playworks, Inc. 203A Highway 46 E Boerne TX 78006 COVERAGES PLAYGRO-01 CONTACT NAME: Bill Hodgkins PHONE (A/C. No. Ext): 765-534-3152 E-MAIL ADDRESS: billh@cooperindiana.com FAX A C, No): 765-534-2067 INSURER(S) AFFORDING COVERAGE INSURERA: Tokio Marine Specialty Insurance Company INSURERB: Richmond National Insurance Company IINSURER C:Hanover Insurance Group I INSURER D : Hartford Fire Insurance I INSURER E : Selective Insurance Company I INSURER F CERTIFICATE NUMBER: 1929488480 REVISION NUMBER: NAIC # 23850 17103 22292 19682 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y PPK2651454 2/1/2025 2/1/2026 EACH OCCURRENCE CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO- JECT OTHER D AUTOMOBILE LIABILITY B C X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB X EXCESS LIAB Y Y 21 UEC DR5139 SA 2/1/2025 2/1/2026 OCCUR CLAIMS -MADE DED RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E Installation Floater Y/N N N/A Y RN-7-0509221 Y W2W J954923 00 2/1/2025 2/1/2026 2/1/2025 2/1/2026 S2563381 2/1/2025 2/1/2026 DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE X PER OTH- STATUTE ER E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE E L DISEASE - POLICY LIMIT $250,000 $ 1,000,000 $ 100,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of College Station, its officials, agents, employees and volunteers, are an additional insured for ongoing and completed operations, on a primary and non-contributory basis, including a waiver of subrogation (form CG2404 12/19), for general liability, as required by written contract and forms CG2010 04/13 & CG2037 04/13. 30-day general liability notice of cancellation provided to the certificate holder (10 days for non-payment of premium). Business auto liability additional insured status and waiver of subrogation provided per written contract, and form HA 9916 12/21. 30-day general liability notice of cancellation provided to the certificate holder (10 days for non-payment of premium). Workers compensation waiver of subrogation, per written contract. CERTIFICATE HOLDER CANCELLATION City of College Station Attn: Risk Management P.O. Box 9960 College Station TX 77842 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 188 of 346 POLICY NUMBER: PPK2651454 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG24041219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 189 of 346 POLICY NUMBER: PPK2651454 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) AS REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE". SCHEDULE Location And Description Of Completed Operations ALL LOCATIONS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Page 190 of 346 POLICY NUMBER: PPK2651454 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) AS REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE". SCHEDULE Location(s) Of Covered Operations ALL LOCATIONS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Page 191 of 346 PIC-GLN-028 (08/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT WITH MAXIMUM POLICY AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All projects performed by the Named Insured. Designated Construction Project General Aggregate Limit of Insurance: $ 2 , 0 0 0, 0 0 0 Maximum Policy Aggregate Limit of Insurance: $ 2 , 0 0 0, 0 0 0 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I — COVERAGE A, and for all medical expenses caused by accidents under SECTION I — COVERAGE C, which can be attributed only to ongoing operations at a single Designated Construction Project shown in the SCHEDULE above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount shown in the SCHEDULE above. However, regardless of the number of construction projects and under no circumstances will we pay any more than the Maximum Policy Aggregate stated in the endorsement SCHEDULE above. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expense shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the SCHEDULE above. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 192 of 346 PIC-GLN-020 (10/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, and all subparts thereof, as contained in the policy is deleted in its entirely and replaced with the following condition: 4. Other Insurance If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by written contract signed by both parties, to provide insurance that is primary and noncontributory, and the "insured contract" is executed prior to any loss. Where required by a written contract signed by both parties, this insurance will be primary and non-contributing only when and to the extent as required by that contract. However, under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contributory by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit if insurance to the total applicable limits of insurance of all insurers. All other terms, conditions and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Page 193 of 346 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 02/01/25 Policy No. W2W J954923 00 Endorsement No. Insured Premium Playworks, Inc. and The PlayWell Group Inc. Insurance Company Countersigned by Hanover Insurance Group WC 42 03 04 B (Ed. 6-14) Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Page 1 of 1 Page 194 of 346 COMMERCIAL AUTOMOBILE HA99161221 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED Paragraph .1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add the following: d. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. e. Employees as Insureds (1). Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. f. Lessors as Insureds (1). The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (a) The agreement requires you to provide direct primary insurance for the lessor and (b) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. Additional Insured if Required by Contract (1) When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: g• (a) During the policy period, and (b) Subsequent to the execution of such written contract, and Form HA 99 16 12 21 Page 1 of 5 © 2021, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) Page 195 of 346 (c) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; (3) or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 2. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g. - Additional Insured If Required by Contract, the following provisions apply: (1) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (2) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in SECTION IV - Business Auto Conditions, B. General Conditions, Other Insurance 5.d. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The SECTION IV- Business Auto Conditions, B. General Conditions, 5. OTHER INSURANCE Condition is amended by adding the following: e. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. Page 2 of 5 Form HA 99 16 12 21 Page 196 of 346 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 6. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 7. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 8. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 9. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III, Physical Damage Coverage, Limit of Insurance, Paragraph C.2. is amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (3) Form HA 99 16 12 21 Page 3 of 5 Page 197 of 346 (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 10. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 11. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 12. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 13. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 15. HIRED AUTO - COVERAGE TERRITORY SECTION IV, BUSINESS AUTO CONDITIONS, PARAGRAPH B. GENERAL CONDITIONS, 7. - POLICY PERIOD, COVERAGE TERRITORY - is added to include the following: (6) For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 16. WAIVER OF SUBROGATION Paragraph 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS A. Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 18. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Page 4 of 5 Form HA 99 16 12 21 Page 198 of 346 19. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is Tess, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a. A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b. A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 20. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Form HA 99 16 12 21 Page 5 of 5 Page 199 of 346 EXHIBIT D PLANS AND SPECIFICATIONS • We are replacing three playgrounds with The Playwell Group (equipment) and Playworks (demo and installation) utilizing the BuyBoard purchasing cooperative Contract #781-25. • Funding for this project is the Capital Park Improvement Revolver, with $50,000 out of the Parkland Dedication zone 2 revolver fund to go towards the Merry Oaks playground. • The total for equipment is $341,635.16 • The total for demo and installation, including bonding cost is $204,956.79 • The total for all of the equipment and installation is $546,591.95 Below is a breakdown of each playground and associated costs: Contract No. 26300125 Construction Agreement Over $50,000 Form 04-20-2023 Page 200 of 346 (Quote # 27212 1PlayWell The PlayWell Group, Inc. Bill To: City of College Station Accounting Division PO Box 9960 College Station, TX 77842-9973 Phone: (979) 764-3569 • Athletic, Park, and Playground Equipment Serving Colorado,Texas, New Mexico, Oklahoma, and Arkansas since 1988 Ship To: City of College Station Castlegate Park Recreation Installation -David Robertson 37175 Interstate 10 W Boerne, TX 78006 Phone: (210) 740-1175 www.playwellgroup.com 800-726-1816 505-296-8900 (fax) Quote Details: 1 Date: 10/7/2025 Terms: NET 30 Expiration: 11/7/2025 Sales Rep: SFP PO #: r � Item Description Qty List Price Disc. Price Total BUY #781-25 R50 PC-2123 PC-2123-AB PC-313010 PC-311010 PC-131410 SHIP PIP-PLAYWELL BUYBOARD CONTRACT #781-25 EXPIRES 09/30/2026 PLAYCRAFT CUSTOM PLAY SYSTEM 8' ARCH SWING (2 SEAT) 8' ARCH SWING BAY (2 SEAT) AB BELT SWING SEAT FULL BUCKET SWING SEAT INCLUSIVE SWING SEAT SHIPPING & HANDLING PLAYWELL SURFACING 4" PIP SYSTEM -AROMATIC BINDER COLOR: 50% STANDARD/50% BLACK PIP-PLAYWELL 3" PIP SYSTEM -AROMATIC BINDER COLOR: 50% STANDARD/50% BLACK PIP DUMPSTE... • DUMPSTER FOR INSTALLATION WASTE DISPOSAL 1 1 1 1 2 1 1 1 .00 0.00 0.00 42293.14 40,178.48 40,178.48 3401.32 3,231.25 3,231.25 2107.84 2,002.45 2,002.45 202.24 192.13 384.26 435.84 414.05 414.05 1235.07 1,173.32 1,173.32 6034.98 6,034.98 6,034.98 980 25.11 23.85 23,373.00 1,020 21.77 20.68 21,093.60 1 1120.00 1,064.00 1,064.00 eed Help? 1 4 rays to Pay Call: 800-726-1816 Mon - Fri: 8:OOAM to 5:OOPM Email: invoice@playwellgroup.com l Subtotal Sales Tax (0.0%) Deposit Total J $98,949.39 $0.00 $0.00 $98,949.39 Approval Check Remit Payment to: The PlayWell Group, Inc. 203A State Highway 46 East Boerne, TX 78006 Credit Card - Usage Fee 3.5% Call: 800-726-1816 Mon - Fri: 8:OOAM to 5:00 PM DISCOVER Tz .annERIWIRE REas TRANSFER 12.5 10e4 azole "A — Quote Valid for 30 days. Product will be ordered upon receipt of written approvals and/or deposit. • 1/ Page 201 of 346 1 Quote # 27213 Bill To: City of College Station Accounting Division PO Box 9960 College Station, TX 77842-9973 Phone: (979) 764-3569 16. The PlayWell Group, Inc. Athletic, Park, and Playground Equipment Serving Colorado,Texas, New Mexico, Oklahoma, and Arkansas since 1988 Ship To: 16. City of College Station Merry Oaks Park Recreation Installation -David Robertson 37175 Interstate 10 W Boerne, TX 78006 Phone: (210) 740-1175 www.playwellgroup.com 800-726-1816 505-296-8900 (fax) Quote Details: Date: 10/7/2025 Terms: NET 30 Expiration: 11/7/2025 Sales Rep: SFP PO #: r Item Description Qty List Price Disc. Price Total BUY #781-25 R50 PC-2123 PC-2123-AB PC-313010 PC-311010 PC-131410 SHIP PIP-PLAYWELL BUYBOARD CONTRACT #781-25 EXPIRES 09/30/2026 PLAYCRAFT CUSTOM PLAY SYSTEM- R5HA5B77A 8' ARCH SWING (2 SEAT) 8' ARCH SWING BAY (2 SEAT) AB BELT SWING SEAT FULL BUCKET SWING SEAT INCLUSIVE SWING SEAT SHIPPING & HANDLING PLAYWELL SURFACING 4" PIP SYSTEM -AROMATIC BINDER COLOR: 50% STANDARD/50% BLACK PIP-PLAYWELL 6" PIP SYSTEM -AROMATIC BINDER COLOR: 50% STANDARD/50% BLACK PIP DUMPSTE... DUMPSTER FOR INSTALLATION WASTE DISPOSAL COLORS TO BE DETERMINED PLEASE NOTE: THIS QUOTE INCLUDES 2026 PRICING 'Need Help? Mr 1 1 1 1 2 1 1 1 0.00 0.00 0.00 65888.22 62,593.81 62,593.81 3401.32 3,231.25 3,231.25 2107.84 2,002.45 2,002.45 202.24 192.13 384.26 435.84 414.05 414.05 1235.07 1,173.32 1,173.32 8004.80 8,004.80 8,004.80 1,170 25.19 23.93 27,998.10 1,245 30.21 28.70 35,731.50 1 1120.00 1,064.00 1,064.00 ` Subtotal $142,597.54 Sales Tax (0.0%) $o.00 Deposit $o.00 Total $142,597.54 y * \ Approval Quote Valid for 30 days. Product will be ordered upon receipt of written approvals and/or deposit. Call: 800-726-1816 Mon - Fri: 8:OOAM to 5:OOPM Email: invoice@playwellgroup.com Kays to Pay Check Credit Card - Usage Fee 3.5% Remit Payment to: Call: 800-726-1816 The PlayWell Group, Inc. Mon - Fri: 8:OOAM to 5:00 PM 203A State Highway 46 East Boerne, TX 78006 DISCOVER 5 WIRE EiRRE5TRANSFER ec 1 Page 202 of 346 1 Quote # 27214 Bill To: City of College Station Accounting Division PO Box 9960 College Station, TX 77842-9973 Phone: (979) 764-3569 16. The PlayWell Group, Inc. Athletic, Park, and Playground Equipment Serving Colorado,Texas, New Mexico, Oklahoma, and Arkansas since 1988 Ship To: City of College Station Southern Oaks Park Recreation Installation -David Robertson 37175 Interstate 10 W Boerne, TX 78006 Phone: (210) 740-1175 www.playwellgroup.com 800-726-1816 505-296-8900 (fax) Quote Details: Date: 10/7/2025 Terms: NET 30 Expiration: 11/7/2025 Sales Rep: SFP PO #: r Item Description Qty List Price Disc. Price Total BUY #781-25 R50 PC-2123 PC-2123-AB PC-313010 PC-311010 PC-131410 SHIP PIP-PLAYWELL BUYBOARD CONTRACT #781-25 EXPIRES 09/30/2026 PLAYCRAFT CUSTOM PLAY SYSTEM- R50C10D8A 8' ARCH SWING (2 SEAT) 8' ARCH SWING BAY (2 SEAT) AB BELT SWING SEAT FULL BUCKET SWING SEAT INCLUSIVE SWING SEAT SHIPPING & HANDLING PLAYWELL SURFACING 4" PIP SYSTEM -AROMATIC BINDER COLOR: 50% STANDARD/50% BLACK PIP-PLAYWELL 2.5" PIP SYSTEM -AROMATIC BINDER COLOR: 50% STANDARD/50% BLACK PIP DUMPSTE... DUMPSTER FOR INSTALLATION WASTE DISPOSAL COLORS TO BE DETERMINED PLEASE NOTE: THIS QUOTE INCLUDES 2026 PRICING 'Need Help? Mr 1 1 1 1 2 1 1 1 1,170 1,255 1 0.00 36502.79 3401.32 2107.84 202.24 435.84 1235.07 5525.35 24.89 20.08 1120.00 0.00 0.00 34, 677.65 3,231.25 2,002.45 192.13 414.05 1,173.32 5,525.35 34, 677.65 3,231.25 2,002.45 384.26 414.05 1,173.32 5,525.35 23.65 27,670.50 19.08 23,945.40 1,064.00 1,064.00 ` Subtotal $100,088.23 Sales Tax (0.0%) $o.00 Deposit $o.00 Total $100,088.23 y * \ Approval Quote Valid for 30 days. Product will be ordered upon receipt of written approvals and/or deposit. Call: 800-726-1816 Mon - Fri: 8:OOAM to 5:OOPM Email: invoice@playwellgroup.com Kays to Pay Check Credit Card - Usage Fee 3.5% Remit Payment to: Call: 800-726-1816 The PlayWell Group, Inc. Mon - Fri: 8:OOAM to 5:00 PM 203A State Highway 46 East Boerne, TX 78006 DISCOVER 5 WIRE EiRRE5TRANSFER ec Page 203 of 346 ir Installation Quote # 13546 PlayWorks PlayWorks, Inc. Athletic, Park, and Playground Equipment Serving Colorado,Texas, New Mexico, Oklahoma, and Arkansas since 1988 Bill To: City of College Station Accounts Payable PO Box 9960 College Station, TX 76834 Phone: (979) 764-3569 Installation Site: or N City of College Station-Castlegate Park 4455 Castlegate Park College Station, TX 77845 Phone: (210) 740-1175 www.playwellgroup.com 800-726-1816 505-296-8900 (fax) Quote Details: Date: Terms: Exp Date: Sales Rep: PO #: 10/7/2025 NET 30 11/7/2025 SFP Item Description Qty List Price Total BUY #781-25 BUYBOARD CONTRACT #781-25 1 EXPIRES 09/30/2026 INSTALL-REC INSTALL-REC INSTALL-REC INSTALL-REC INSTALL-REC INSTALL-REC DEMO-REC DELIVERED AND INSTALLED BY RECREATION INSTALLATION INSTALLATION OF R5 CUSTOM PLAY SYSTEM INSTALLATION OF 8FT ARCH SWING BAY (2 SEAT) INSTALLATION OF 8FT ARCH SWING BAY (2 SEAT) AB INSTALLATION OF BELT SEAT INSTALLATION OF FULL BUCKET SEAT INSTALLATION OF INCLUSIVE SEAT DEMOLITION OF EXISTING SURFACING MATERIAL -INCLUDES LABOR AND TRUCKING DEMO-REC DEMOLITION OF EXISTING SURFACING MATERIAL -INCLUDES LABOR AND TRUCKING 1 1 1 2 1 1 1 1 INSTALL-REC INSTALLATION OF CONCRETE SUBSURFACE 2,000 BONDS PERFORMANCE & PAYMENT BONDS 1 Need Help? Call: 800-726-1816 Mon - Fri: 8AM to 5:OOPM invoice@playwellgroup.com 0.00 11, 263.26 905.82 561.35 53.86 116.07 328.92 4,937.46 4,827.73 16.46 5,422.12 Total Deposit Balance Due 0.00 11,263.26 905.82 561.35 107.72 116.07 328.92 4,937.46 4,827.73 32,920.00 5,422.12 $61,390.45 $0.00 $61,390.45 Ways to Pay Approval Check Remit Payment to: PlayWorks, Inc. 203A State Highway 46 East Boerne, TX 78006 z Credit Card - Usage Fee 3.5% Call: 800-726-1816 Mon - Fri: 8:OOAM to 5:OOPM DISCL/Eilil AMERICAN =WIRE DUG TRANSFER echec Quote Valid for 30 days. Install will be ordered upon receipt of written approvals and/or deposit. Page 204 of 346 ir Installation Quote # 13547 PlayWorks PlayWorks, Inc. Athletic, Park, and Playground Equipment Serving Colorado,Texas, New Mexico, Oklahoma, and Arkansas since 1988 Bill To: City of College Station Accounting Division PO Box 9960 College Station, TX 77842-9973 Phone: (979) 764-3569 Installation Site: or N City of College Station Merry Oaks Park 1401 Merry Oaks Drive College Station, TX 77845 Phone: www.playwellgroup.com 800-726-1816 505-296-8900 (fax) Quote Details: Date: Terms: Exp Date: Sales Rep: PO #: 10/7/2025 NET 30 11/7/2025 SFP Item Description Qty List Price Total BUY #781-25 BUYBOARD CONTRACT #781-25 1 0.00 EXPIRES 09/30/2026 INSTALL-REC INSTALL-REC INSTALL-REC INSTALL-REC INSTALL-REC INSTALL-REC DEMO-REC DELIVERED AND INSTALLED BY RECREATION INSTALLATION INSTALLATION OF R5 CUSTOM PLAY SYSTEM - R5HA5B77A INSTALLATION OF 8FT ARCH SWING BAY (2 SEAT) INSTALLATION OF 8FT ARCH SWING BAY (2 SEAT) AB INSTALLATION OF BELT SEAT INSTALLATION OF FULL BUCKET SEAT INSTALLATION OF INCLUSIVE SEAT DEMOLITION OF EXISTING PLAY STRUCTURE -INCLUDES LABOR AND TRUCKING DEMO-REC DEMOLITION OF EXISTING SURFACING MATERIAL -INCLUDES LABOR AND TRUCKING INSTALL-REC INSTALLATION OF CONCRETE SUBSURFACE BONDS PERFORMANCE & PAYMENT BONDS 1 1 1 2 1 1 1 1 2,415 17, 546.95 905.82 561.35 53.86 116.07 328.92 4,937.46 4,827.73 0.00 17,546.95 905.82 561.35 107.72 116.07 328.92 4,937.46 4,827.73 16.46 39,750.90 1 7,408.81 Need Help? Call: 800-726-1816 Mon - Fri: 8AM to 5:OOPM invoice@playwellgroup.com Total Deposit Balance Due 7,408.81 $76,491.73 $0.00 $76,491.73 Ways to Pay Approval Check Remit Payment to: PlayWorks, Inc. 203A State Highway 46 East Boerne, TX 78006 z Credit Card - Usage Fee 3.5% Quote Valid for 30 days. Install will be ordered upon Call: 800-726-1816 receipt of written approvals and/or deposit. Mon - Fri: 8:OOAM to 5:OOPM DISCL/Eilil AMERICAN =WIRE DUG TRANSFER echec Page 205 of 346 ir Installation Quote # 13548 PlayWorks PlayWorks, Inc. Athletic, Park, and Playground Equipment Serving Colorado,Texas, New Mexico, Oklahoma, and Arkansas since 1988 Bill To: City of College Station Accounting Division PO Box 9960 College Station, TX 77842-9973 Phone: (979) 764-3569 Installation Site: or N City of College Station Southern Oaks Park Robert Rubach 1300-1398 Southern Plantation Drive College Station, TX 77845 Phone: www.playwellgroup.com 800-726-1816 505-296-8900 (fax) Quote Details: Date: Terms: Exp Date: Sales Rep: PO #: 10/7/2025 NET 30 11/7/2025 SFP Item Description Qty List Price Total BUY #781-25 BUYBOARD CONTRACT #781-25 1 0.00 EXPIRES 09/30/2026 INSTALL-REC INSTALL-REC INSTALL-REC INSTALL-REC INSTALL-REC INSTALL-REC DEMO-REC DEMO-REC INSTALL-REC BONDS DELIVERED AND INSTALLED BY RECREATION INSTALLATION INSTALLATION OF R5 CUSTOM PLAY SYSTEM - R50C10D8A INSTALLATION OF 8FT ARCH SWING BAY (2 SEAT) INSTALLATION OF 8FT ARCH SWING BAY (2 SEAT) AB INSTALLATION OF BELT SEAT INSTALLATION OF FULL BUCKET SEAT INSTALLATION OF INCLUSIVE SEAT DEMOLITION OF EXISTING SURFACING MATERIAL -INCLUDES LABOR AND TRUCKING DEMOLITION OF EXISTING SURFACING MATERIAL -INCLUDES LABOR AND TRUCKING INSTALLATION OF CONCRETE SUBSURFACE PERFORMANCE & PAYMENT BONDS 1 1 1 2 1 1 1 9,721.19 905.82 561.35 53.86 116.07 328.92 4,937.46 1 4,827.73 2,425 16.46 1 5,652.85 Need Help? Call: 800-726-1816 Mon - Fri: 8AM to 5:OOPM invoice@playwellgroup.com Total Deposit Balance Due 0.00 9,721.19 905.82 561.35 107.72 116.07 328.92 4,937.46 4,827.73 39,915.50 5,652.85 $67,074.61 $0.00 $67,074.61 Ways to Pay Approval Check Remit Payment to: PlayWorks, Inc. 203A State Highway 46 East Boerne, TX 78006 z Credit Card - Usage Fee 3.5% Quote Valid for 30 days. Install will be ordered upon Call: 800-726-1816 receipt of written approvals and/or deposit. Mon - Fri: 8:OOAM to 5:OOPM DISCL/Eilil AMERICAN =WIRE DUG TRANSFER echec Page 206 of 346 EXHIBIT E CONSTRUCTION SCHEDULE Projected schedule from notice to proceed is 6-8 week lead time for production of playground units and 4-6 weeks to complete installation. Contract No. 26300125 Construction Agreement Over $50,000 Form 04-20-2023 Page 207 of 346 November 24, 2025 Item No. 7.6. Interlocal Agreement to Develop a Joint Water Management Study Sponsor: Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on approval of a cost -sharing Interlocal Agreement with Texas A&M University System (TAMUS), the City of College Station (COGS), the City of Bryan (COB), and the Brazos Valley Groundwater Conservation District (BVGCD) to jointly fund a socioeconomic study assessing the impacts of various Desired Future Condition (DFC) scenarios on the communities and economies of Brazos and Robertson counties, in support of balanced water management and sustainability. College Station's twenty-five percent share of the total study cost will be $46,300. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: A joint socioeconomic study is being proposed in which TAMU, the COOS, the COB, and the BVGCD will share costs equally. These area stakeholders will work with a qualified consultant, West Water Research LLC, to assess how various Desired Future Conditions (DFC) scenarios could affect the communities and economies of Brazos and Robertson Counties, including impacts on employment, income, tax revenues, population growth, and overall community well-being. The evaluation will be presented to the General Management Area 12 (GMA 12) members to help support informed and balanced decisions by the GMA 12 members, which are supportive of both economic vitality and long-term water sustainability during the update of desired future conditions which impact allowable groundwater pumping rates from the Simboro Aquifer. Participation by the COOS will help ensure that local priorities and conditions are represented in the analysis, providing useful insight to support informed, data -driven decisions for the region. West Water Research LLC has been selected to perform the study for a total cost of $185,200 with each entity sharing 25 percent of the cost (i.e. $46,300 each). Budget & Financial Summary: Water Operating funds are budgeted and available for the use in this effort. Attachments: 1. FINAL - Interlocal Agreement Socio-Economic Study 11.3.25 Page 208 of 346 INTERLOCAL AGREEMENT (Socio-Economic Impact Study) This Interlocal Agreement ("Agreement") is made and entered into by and between The Texas A&M University System ("A&M System"), an agency of the State of Texas, the City of Bryan ("Bryan"), a Texas home rule municipality, the City of College Station ("College Station"), a Texas home rule municipality, and the Brazos Valley Groundwater Conservation District ("BVGCD"), a political subdivision of the State of Texas, (each individually a "Party" and collectively, the "Parties") and each acting herein by and through its respective Governing Body. WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, allows local government entities to contract with each other to perform functions or services that each party to the contract is authorized to perform individually; and, WHEREAS, the Parties desire to enter into an Interlocal Agreement to specify each party's obligation(s) and allocation of the cost of a Socio-Economic Impact Study ("the Study") to determine the social and economic impact of certain Desired Future Conditions ("DFC' s) as outlined in West Water Research, LLC ("WestWater") Scope of Work as described in Exhibit "A" and Exhibit "B" attached hereto; and, WHEREAS, the Parties agree that it is in the best interest of all Parties that BVGCD assist in the scope of the Study and provide hydrological modeling or other data available to BVGCD, and secure the services of WestWater to perform the Study in accordance with applicable procurement guidelines and agree to monitor WestWater's progress during the process of conducting the Study and provide timely updates on such progress and share a copy of the final study or analysis with the Parties; and, WHEREAS, the Parties represent that they each are independently authorized to perform the services contemplated under this Agreement; and, WHEREAS, the Parties, have determined that it will be in the best interests of all Parties to enter into this Agreement enabling the entities to share in the responsibilities and allocate the total cost of the Study as determined below. NOW, THEREFORE, the Parties agree as follows: ARTICLE I SHARED COST AGREEMENT 1.1 Allocation of Cost. BVGCD will receive and review billing statements submitted from WestWater related to the Study, and BVGCD will pay all reasonable fees for the same. Upon completion of the Study, BVGCD will provide a copy of the Study, together with the final 1 Prepared by A&M System Office of General Counsel Socio-Economic Study LF 2024-0069136 JAB-10/21/2025 Page 209 of 346 statement submitted by WestWater to the Parties within thirty (30) calendar days of receipt, and the A&M System, College Station, and Bryan will, subject to section 1.2 below, each reimburse one fourth (1/4) of the total amount due WestWater to BVGCD within sixty (60) calendar days of upon each of the A&M System's, College Station's and Bryan's receipt of the copy of the Study and WestWater's final statement. The remaining (1/4) of the total amount due to WestWater is the responsibility of BVGCD. BVGCD will notify the Parties and Parties will participate in meetings with WestWater's on the progress of the Study and any questions WestWater may have regarding the Study. 1.2 Reimbursement. The total cost of the study SHALL NOT EXCEED ONE HUNDRED EIGHTY-FIVE THOUSAND TWO HUNDRED UNITED STATES DOLLARS ($185,200.00) and the A&M System, College Station, and Bryan each hereby agree to reimburse BVGCD an amount not to exceed FORTY-SIX THOUSAND THREE HUNDRED UNITED STATES DOLLARS ($46,300.00) within Sixty (60) calendar days of receipt of a copy of the study and a copy of the final statement issued by WestWater to BVGCD. ARTICLE 11 GENERAL PROVISIONS 2.1 Hold Harmless. The Parties are instrumentalities of the State of Texas and, accordingly, are both bound by the same constitutional prohibition against unfunded debts, including indemnity. 2.2 Waiver. Failure of any Party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of any Party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 2.3 Privileges and Immunities. The Parties each acknowledge that all parties are instrumentalities of the State of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by the Parties of their respective rights to claim all exemptions, privileges, and immunities as may be provided by law. 2.4 Governing Law and Venue. The validity of this Agreement and all matters pertaining to this Agreement, including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, must be governed and determined by the Constitution and the laws of the State of Texas. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against A&M System must be in the county in which the chief executive officer of the A&M System is located. 2 Prepared by A&M System Office of General Counsel Socio-Economic Study LF 2024-0069136 JAB-10/21/2025 Page 210 of 346 2.5 Saving Clause. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect and will not be affected, impaired or invalidated. 2.6 Assignment. No Party to this Agreement may assign the rights or obligations under this Agreement without the prior written consent of all Parties. 2.7 Notices. Any notice required or permitted under this Agreement must be in writing and will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email or other commercially reasonably means and will be effective when actually received. The Parties can change their respective notice address by sending to the other Parties a notice of the new address. Notices should be addressed as follows: A&M System: With a copy to: College Station: The Texas A&M University System Office of General Counsel Attn: Managing Counsel, Property & Construction 301 Tarrow St., 6th Floor College Station, Texas 77840-7896 Phone: 979-458-6120 Email: property@tamus.edu The Texas A&M University System Attn: System Land Management Office 200 Technology Way, Suite 2079 College Station, Texas 77845 Phone: (979) 458-2388 Email: energy@tamus.edu City of College Station Attn: Bryan Woods, City Manager P.O. Box 9960 College Station, Texas 77842 Phone: 979-764-3500-xxx-xxxx Email: bwoods@cstx.gov 3 Prepared by A&M System Office of General Counsel Socio-Economic Study LF 2024-0069136 JAB-10/21/2025 Page 211 of 346 With a Copy to: City of College Station Attn: City Attorney's Office P.O. Box 9960 College Station, Texas 77842 Phone: 979-764-3507 afalco@cstx.gov Bryan: City of Bryan Attn: City Manager P.O. Box 1000 Bryan, Texas 77805-1000 Phone: 979-209-5100 Email: executiveservices@bryantx.gov With a Copy to: City of Bryan Attn: City Attorney P.O. Box 1000 Bryan, Texas 77805-1000 Phone: 979-209-5150 Email: cityattorney@bryantx.gov BVGCD: Brazos Valley Groundwater Conservation District Attn: General Manager 112 West 3rd Street Hearne, Texas 77859 Phone: 979-279-9350 Email: aday@brazosvalleygcd.org 2.8 Force Maieure. No Party will be in default in the performance of its obligations, if such performance is prevented or delayed by Force Majeure; provided, the Party claiming such Force Majeure notifies the other Parties of the occurrence within ten (10) calendar days and promptly commences, diligently pursues and takes all reasonable actions to limit the effects of such Force Majeure. Force Majeure is any cause which is beyond the reasonable control of the Party, including but not limited to war, hostilities, revolution, civil commotion, strike, lockout, epidemic, accident, fire, wind, flood, or because of any law, order, proclamation, regulation, or ordinance of the State or Federal government or any subdivision thereof. 2.9 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by a subsequent written instrument executed by all Parties. 4 Prepared by A&M System Office of General Counsel Socio-Economic Study LF 2024-0069136 JAB-10/21/2025 Page 212 of 346 2.10 Termination. This Agreement terminates at the conclusion of the A&M System, College Station and Bryan issuing payment to BVGCD under Section 1.2. 2.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 2.12 Effective Date. This Agreement is deemed to be in force as of , 2025, regardless of the date actually signed. [Signature pages follow] 5 Prepared by A&M System Office of General Counsel Socio-Economic Study LF 2024-0069136 JAB-10/21/2025 Page 213 of 346 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date. Each individual signing below represents that he or she has authority to sign for and enter into this Agreement on behalf of his or her respective Party. WITNESS MY HAND to this instrument on this the day of November 2025. APPROVED AS TO FORM: JOSEPH A. BROWN Assistant General Counsel (Oil & Gas) Office of General Counsel The Texas A&M University System THE TEXAS A&M UNIVERSITY SYSTEM PHILLIP RAY Vice Chancellor of Business Affairs 6 Prepared by A&M System Office of General Counsel Socio-Economic Study LF 2024-0069136 JAB-10/21/2025 Page 214 of 346 WITNESS MY HAND to this instrument on this the day of November 2025. Approved as to Form: Thomas A. Leeper, City Attorney 7 The City of Bryan: Bobby Gutierrez, Mayor Attest: Melissa Brunner, City Secretary Prepared by A&M System Office of General Counsel Socio-Economic Study LF 2024-0069136 JAB-10/21/2025 Page 215 of 346 WITNESS MY HAND to this instrument on this the day of November 2025. CITY OF COLLEGE STATION: By: Mayor Date: ATTEST: City Secretary Date: APPROVED: City Manager Date: City Attorney Date: Assistant City Manager/CFO Date: 8 Prepared by A&M System Office of General Counsel Socio-Economic Study LF 2024-0069136 JAB-10/21/2025 Page 216 of 346 WITNESS MY HAND to this instrument on this the day of November 2025. Brazos Valley Groundwater Conservation District By: Title: 9 Prepared by A&M System Office of General Counsel Socio-Economic Study LF 2024-0069136 JAB-10/21/2025 Page 217 of 346 Exhibit "A" SCOPE OF SERVICES Cities of Bryan, College Station, Texas A&M University System, and Brazos Valley Groundwater Conservation District Socio-Economic Impact of Desired Future Conditions as set and implemented from the Groundwater Management Area 12 By WestWater Research LLC November , 2025 All groundwater conservation districts (GCDs) within Groundwater Management Area (GMA) 12 are in the process of the Establishing Desired Future Conditions (DFCs) to manage regional groundwater resources within the Carrizo and Simsboro Aquifers. Regulatory requirements and constraints on regional groundwater development are established by utilizing DFCs. Dependent upon where the DFC is set by GMA 12, may potentially limit future groundwater availability, increase the cost of producing water, and future economic activity and development within the region. To assist in the decision -making process, the Brazos Valley GCD (BVGCD) is requesting Westwater Research LLC to perform an analysis that evaluates the social and economic effects within Brazos and Robertson Counties associated with different DFC levels that could be set by GMA 12. The scope of work shall be in align and adhere to the Proposal dated September 24, 2025 from WestWater Research to Alan Day, Brazos Valley GCD a copy of which is attached hereto this Agreement below. 10 Prepared by A&M System Office of General Counsel Socio-Economic Study LF 2024-0069136 JAB-10/21/2025 Page 218 of 346 Exhibit "B" PROPOSAL 11 Prepared by A&M System Office of General Counsel Socio-Economic Study LF 2024-0069136 JAB-10/21/2025 Page 219 of 346 November 24, 2025 Item No. 7.7. Carters Creek Wastewater Treatment Plant Clarifier 2B Repair Sponsor: Stephen Maldonado, Assistant Director of Water, Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a construction contract with Zone Industries for the repair of a failed final clarifier at the Carters Creek Wastewater Treatment Plant, in the amount of $130,000 plus a City contingency of $13,000 for a total appropriation of $143,000. Approval of this item authorizes the City Manager to approve project expenditures up to the contingency amount. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The Carters Creek Wastewater Treatment Plant, owned and operated by the City of College Station, treats the majority of the City's wastewater and is essential to maintaining public health and environmental compliance. Recently, a critical component known as a clarifier —which separates solids from liquids during the wastewater treatment process —experienced a mechanical failure. This failure has compromised operational redundancy and placed additional strain on the remaining treatment systems, heightening the risk of Texas Commission on Environmental Quality (TCEQ) permit violations and potential environmental impacts. Approval of this item will authorize the immediate repair of Clarifier 2B at the Carters Creek facility by Zone Industries. Zone Industries' repair services are available through the BuyBoard Cooperative Purchasing Agreement (ITB #770-25), ensuring compliance with competitive procurement requirements and delivering the best value for the City. Budget & Financial Summary: Wastewater Operating funds are available for this repair. Attachments: 1. Contract 26300146_CC 11.24.25_Vendor Signed 2. Payment and Performance Bonds_11.24.25 Page 220 of 346 vp- C ry oi• CO3 L W'. SIM EO CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: 26300146 PROJECT #: BID/RFP/RFQ#: Project Name / Contract Description: CCWWTP Clarifier 2B Repair Name of Contractor: Zone Industries CONTRACT TOTAL VALUE: $ 130,000.00 Debarment Check Section 3 Plan Incl. ■ NEW CONTRACT Yes Yes No No • RENEWAL # N/A N/A Grant Funded Yes No ■ If yes, what is the grant number:) Davis Bacon Wages Used Buy America Required Transparency Report Yes Yes Yes No No CHANGE ORDER # OTHER No N/A N/A N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) One bid solicited and received from Zone Industries. Repair services are available through the Buyboard Cooperative Purchasing Agreement (ITB # 770-25) effective 7/1/2025 - 6/30/2028. Funding sourced from wastewater operating account 95SCMTM-5217. (If required) * CRC Approval Date*: N/A Council Approval Date*: 11/24/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: UR/ Performance Bond: SIGNATURES RECOMMENDING APPROVAL 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) 9.12.23 UPDATED nt Bond: DATE DATE DATE DATE DATE DATE . N/A Page 221 of 346 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT This Agreement is entered into by and between the City of College Station, a Texas home -rule municipal corporation (the "City") and ZONE INDUSTRIES (the "Contractor") for the construction and/or installation of the following: for the repair of Clarifier 2B 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted. 1.02 City. The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 City's Consultant. The term "City's Consultant" or "Consultant" shall mean and be understood as referring to the City's design professional(s) for the Project. 1.04 City's Representative. The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent. 1.05 Contingency Amount. The term "Contingency Amount" shall mean and be understood as referring to the amount established and appropriated by the City, to be used exclusively by the City and in the City's sole discretion, to pay City -authorized costs associated with Change Orders and other related expenses for this Project. The Contractor agrees that the Contingency Amount, if any, is established by and is for the sole use of the City, that the Contingency Amount is not included in the Contract Amount, and that the Contractor has no right to use or receive any Contingency Amount unless authorized by the City in a written and duly authorized change order. The City's Contingency Amount is: Thirteen Thousand and NO /100 Dollars ($ 13,000.00 ). 1.06 Contract Amount. The term "Contract Amount" shall mean the amount of Contractor's lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor's Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in consideration of the Contractor's final completion of all Work in conformity with this Agreement, the City shall pay the Contractor an amount not to exceed: One Hundred Thirty Thousand and NO /100 Dollars ($ 130,000.00 ). 1.07 Contract Documents. The term "Contract Documents" shall mean those documents listed in Section 2.01. 1.08 Contractor. The term "Contractor" shall mean the person(s), partnership, or corporation who has agreed to perform the Work contemplated in this Agreement and the other Contract Documents. 1.09 Contractor's Proposal. The term "Contractor's Proposal" shall mean the document provided by the Contractor in response to, and shall include all information required by the City's Request for Proposal/Invitation to Bid for the Project. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 1 Page 222 of 346 1.10 Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.11 Final Completion. The term "Final Completion" shall mean that all the Work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. 1.12 Hazardous Substance. The term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which is defined as a hazardous substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean- up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). 1.13 Environmental Laws. The term "Environmental laws" shall mean collectively, any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws. 1.14 Interpretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.15 Nonconforming work. The term "nonconforming work" shall mean Work or any part thereof that is rejected by City's Representative as not conforming with the Contract Documents. 1.16 Parties. The "parties" are the City and the Contractor. 1.17 Proiect. The term "Project" shall mean the construction of an improvement to real property where the Work comprises either whole or a part of such construction and which may include construction by the City or separate contractors. 1.18 Proiect Manager. The term "Project Manager" shall mean the Contractor's Project Manager. The Project Manager shall assist the City in performing various administrative and oversight duties relating to the Work, subject to limitations in authority that must be verified by Contractor. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 2 Page 223 of 346 1.19 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contract with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.20 Substantially Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including retainage, however, shall be withheld until Final Completion and acceptance of the Work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.21 Work. The term "Work" as used in this Agreement shall mean the construction and services required by the Contract Documents and Exhibits, including any duly authorized change orders, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill its obligations. The Work may constitute the whole or a part of the Project. The Work includes but is not limited to all labor, parts, supplies, skill, supervision, transportation, services, and other facilities and all other items needed to produce, construct, and fully complete the Project. 1.22 Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2. CONTRACT DOCUMENTS 2.01 The Contract Documents and their priority shall be as follows: (a) This signed Agreement. (b) Addendum to this Agreement. (c) General Conditions, as may be applicable. (d) Special Conditions, as may be applicable. (e) Specifications, including the technical specifications set out at BCS Unified Design Guidelines ("Specifications"). (f) Plans. (g) Instructions to Bidders and any other notices to Bidders or Contractor. (h) Performance bond, Payment bonds, Bid bonds and Special bonds. (i) Contractor's Proposal. 2.02 Where applicable, the Contractor will be furnished three (3) sets of plans, specifications, and related Contract Documents for its use during construction. Plans and Specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03 The Contractor shall distribute copies of the Plans and Specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the Plans and Specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the Work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04 All drawings, specifications, and copies thereof furnished by the City shall not be re -used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the Plans and Specifications and "as built" drawings, are to be returned to the City on request at the completion of the Work. All Contract Documents, models, mockups, or other representations are the property of the City. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 3 Page 224 of 346 2.05 In the event of inconsistencies within or between parts of the Contract Documents, the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more stringent requirement, either or both in accordance with the City's interpretation. The terms and conditions of this Section 2.05, however, shall not relieve the Contractor of any of the obligations set forth in Sections 8.01. and 8.02 of this Agreement. 3. AWARD OF CONTRACT 3.01 Upon the notice of intent to award of the contract by the City, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents, bonds, and certificates of insurance required herein. 3.02 Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the Work in the most expedient and efficient possible manner in order to complete the Work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the Project shall be commenced on the date to be specified in the City's written notice to proceed. The notice to proceed may not be given, nor may any Work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments, particularly those required under Sections 27 and 28 (Insurance & Bonds). 4. CITY'S REPRESENTATIVE 4.01 The Contractor shall forward all communications, written or oral, to the City through the City's Representative. 4.02 The City's Representative may periodically review and inspect the Work of the Contractor. 4.03 The City's Representative shall appoint, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the Work performed under this Agreement and ensure that said Work is performed in accordance with the Plans and Specifications. 4.04 The City's Representative shall interpret questions concerning the Contract Documents. The City's inspector has authority to reject any of the Work for failure to comply with the Contract Documents and/or applicable laws. 4.05 Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may, within two (2) days from receipt of such order, make written appeal to City's Representative for his decision. 5. INDEPENDENT CONTRACTOR 5.01 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the Work. The Contractor shall have ultimate control over the execution of the Work under this Agreement. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Agreement. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 4 Page 225 of 346 5.02 Standard of Care. The Work shall be performed in a good and workmanlike manner, and in accordance with this Agreement, and all applicable laws, codes, and regulations. The construction of the Project is subject to amendments and adjustments to the Contract required by any applicable changes in regulations or requested or approved by in writing by the City. If at any time during the progress of the Work the Contractor becomes aware of any errors or omissions in the Plans or Specifications for this Project or that the Agreement deviates from applicable legal requirements, Contractor shall promptly provide written notice thereof to the City. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. 5.03 The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the Work and fulfillment of this Agreement. The Contractor shall be responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. The subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project site during the progress of the Work, including at all times subcontractors are present at the Project site, a competent English speaking Project Manager and/or superintendent and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors. All directions given to the Project Manager and/or superintendent shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the Work, and lack of such supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5.04 Unless otherwise stipulated, the Contractor shall provide and pay for all labor, materials, tools, equipment, transportation, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the Work by the Contractor. Any additional work, material, or equipment needed to meet the intent of this provision shall be supplied by the Contractor without claim for additional payment, even though not specifically mentioned herein. 5.05 Any injury or damage to the Contractor or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6. DISORDERLY EMPLOYEES The Contractor agrees to employ only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City's Representative shall inform the Contractor in writing that any person or persons on the Project are, in his opinion, incompetent, unfaithful, or disorderly, such person or person shall be discharged from the Project and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7. HOURS OF WORK The Contractor may work Monday through Friday from 7 a.m. to 6 p.m., exclusive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime, weekends, and holidays only when approved in advance by the City's Representative. The time for Substantial Completion shall not be affected in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. 8. NATURE OF THE WORK 8.01 It is understood and agreed that the Contractor has, by careful examination, studied and compared the Plans and other Contract Documents, satisfied itself as to the nature and location of the Work, the conditions of Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 5 Page 226 of 346 the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the Work, the time needed to complete the Work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the Work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any Work that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02 Any design errors or omissions noted by the Contractor shall be reported promptly to the City, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. Any nonconformity discovered by or which reasonably should have been discovered or made known to the Contractor shall be reported promptly to the City. 8.03 If the Contractor fails to perform the obligations of Sections 8.01. and 8.02., the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the City for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized or reasonably should have recognized such error, inconsistency, omission or difference and knowingly failed to report it to the City. 9. POST -AGREEMENT AWARD MEETINGS 9.01 Prior to the commencement of the Work, the parties shall meet and attend a post -agreement award meeting at the time and place determined by City's Representative. At the post -agreement award meeting, the parties shall meet, discuss, and finalize all schedules, including commencement date, and/or specifications submitted for review. No later than ten (10) days prior to the post -agreement award meeting, the Contractor shall submit to City's Representative the following documents: (a) Schedule for performance of the Work ("Construction Schedule"). Project Schedule contemplated, including the starting and ending date, as well as an indication of the completion of stages of Work hereunder. Such document, once approved by the City and, if applicable, the City's Consultant shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit E. If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. The Construction Schedule shall not be modified except by written change order. Additional days or changes to the number of days in the Construction Schedule shall also be by written change order. After a written change order is approved and fully executed by all parties, the Contractor shall submit an updated Construction Schedule that reflects changes authorized by approved change orders. The Construction Schedule shall not exceed time limits current under the Contract Documents, shall be submitted with each pay application, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. (b) The names and addresses of all proposed subcontractors in writing. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 6 Page 227 of 346 (c) Schedules of the starting and ending dates of subcontractors and the scope of Work contemplated for subcontractors. (d) Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Project Superintendent/Manager. (e) For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the submission thereof, including PDF/electronic versions and CAD files. (f) Where applicable, materials procurement schedules and material supplier names, addresses and phone numbers. 9.02 The City's Representative, within five (5) working days after the initial post -agreement award conference or any other meetings, may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall thereafter sign the minutes and promptly return them to City's Representative. Where there is disagreement, City's Representative will make the final determination. 10. PROGRESS OF WORK 10.01 The Construction Schedule shall be in a detailed precedence -style critical path method ("CPM") or primavera-type format satisfactory to the City and the Consultant. The Construction Schedule shall also (i) provide a graphic representation of all activities and events that will occur during performance of the Work; (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as "Milestone Dates"). If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. 10.02 Further, the parties shall be subject to the following: (a) The Contractor shall submit a Construction Schedule and schedule of values at the initial post - agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's Construction Schedule submitted herein. The Contractor shall promptly resubmit a revised Construction Schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the Work with dates at which the Contractor will start the several parts of the Work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 7 Page 228 of 346 (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the Work is not in accordance with the approved Construction Schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03 The process of approving the Construction Schedule and updates to the Construction Schedule shall not constitute a warranty by the City that any non -Contractor milestones or activities will occur as set out in the Construction Schedule. Approval of the Construction Schedule does not constitute a commitment by the City to furnish any City -furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the City of any delays or potential delays. In the event the Construction Schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any adjustment to the Construction Schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04 The Contractor shall also prepare a submittal schedule promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Consultant's approval. The Consultant's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (i) be coordinated with the Contractor's Construction Schedule; and (ii) allow the Consultant reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 10.05 In the event the City determines that the performance of the Work, as of a Milestone Date or otherwise, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime; (ii) supplying additional manpower, equipment, and facilities; and (iii) other similar measures (hereinafter referred to collectively as "Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The City's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the Construction Schedule. (a) The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the City under or pursuant to this Subsection. (b) The City may exercise the rights furnished the City under or pursuant to this Subsection as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents. 10.06 Work Stoppage. If in the judgment of either the City or City's Representative any of the Work or materials furnished is not in strict accordance with this Agreement or any portion of the Work is being performed Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 8 Page 229 of 346 so as to create a hazardous condition, they may, in their sole discretion, order the Work of the Contractor or any subcontractor wholly or partially stopped until any objectionable person, work, or material is removed from the premises. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement, including the time of performance and deadlines therefore, nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. 11. SITE CONDITIONS AND MANAGEMENT 11.01 Where the Contractor is working around or in existing structures, it shall verify conditions at the site, including but not limited to, door openings and passages. Any items constructed or manufactured off -site or outside of buildings shall be done so that they are not too bulky for existing facilities. The Contractor shall provide special apparatus as required to handle any such items. All special handling equipment charges shall be at the Contractor's expense. Further, Contractor shall include in its price for the Work, all labor, materials, equipment and/or engineering services required to protect the adjacent properties and/or structures from damage due to performance of the Work. 11.02 The Contractor shall be responsible for all power, light, and water required to perform the Work. 11.03 Throughout the progress of the Work, the Contractor shall keep the working area free from debris of all types, and remove from premises all rubbish, resulting from any work being done by him. At the completion of the Work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied and charged back to the Contractor. 11.04 Layout of Work. Except as specifically provided herein, the Contractor shall lay out all Work in a manner acceptable to City's Representative in accordance with applicable City of College Station codes and ordinances. City's Representative will review the Contractor's layout of all structures and any other layout work done by the Contractor at the construction meeting, or at the Contractor's request, but this review does not relieve the Contractor of the responsibility of accurately locating all Work in accordance with the Plans and Specifications. 11.05 Lines and Grades. All lines and grades shall be furnished by the Contractor. Benchmarks and control stakes have been provided by the City's Representative. All benchmarks and control stakes shall be carefully preserved by the Contractor. In case of destruction or removal of the same by the Contractor, its subcontractors, or employees, such stakes, marks, etc. shall be replaced by the Contractor at the Contractor's expense. If the Contractor fails to do so, the City may do so and charge back the Contractor. Additional construction staking as needed for the Work, including lines and grades, shall be the sole responsibility of the Contractor, and the Contractor shall receive no extra time or compensation therefor. 11.06 The Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as any information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the City and the Consultant any errors, inconsistencies or omissions discovered by or made known to the Contractor. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. Contractor acknowledges the City does not represent nor warrant the accuracy or completeness of information provided by the City related to existing conditions and locations of existing utilities and services. Such information if provided, is provided to the Contractor as a matter of convenience and does not substitute for the Contractor using due diligence to reasonably observe and or to Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 230 of 346 access space to determine errors, inconsistencies or omissions. In all cases of interconnection of the Work with existing conditions, Contractor shall verify at the site all dimensions relating to such existing conditions. 11.07 Contractor's Structures. The building or locating of structures or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not damage the property where such structures are allowed and shall at all times maintain sanitary conditions in and about such structures in a manner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City, its property, or third persons as a result of the location or use of such structures. 11.08 The Contractor and any entity over whom the Contractor has control shall not erect any sign on the Project site without the prior written consent of the City. 11.09 City may have other work related to the Project performed at the Project site during the time the Work is performed. Contractor should schedule its Work to coordinate with the work of other contractors and utilities with the understanding that some of that work may be performed at times other than as set out in the Contract Documents or as otherwise anticipated. City will endeavor to have such other work performed so as not to unduly interfere with Contractor's performance when Contractor notifies City of specific reasonable needs well in advance of those needs and where it is possible to do so. In the event of substantial delay caused by another contractor or a utility, after advance notice of its needs by Contractor, Contractor will be entitled to make a claim for an extension of time as provided herein. 11.10 When two or more contractors, including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one contractor before another can begin, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor, including Contractor if applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separate contractor at the Project site, or should any claim arising out of Contractor's separate contractor at the Project site, or should any claim arising out of Contractor's performance of the Work be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by applicable laws, indemnify and hold City harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against City to the extent based on a claim arising out of Contractor's negligence. 12. MATERIALS 12.01 Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, codes, manufacturer's instructions and guarantees are required by the Contract Documents, the current edition at the time of Contract execution shall apply, unless another edition is specified in the Contract Documents. References to standards, codes, manufacturer's instructions and guarantees shall apply in full, except (1) they do not supersede more stringent standards set out in the Contract Documents, and (2) any exclusions or waivers that are inconsistent with the Contract Documents do not apply. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 10 Page 231 of 346 12.02 All materials shall be approved by the City prior to purchase by the Contractor. Unless otherwise specified herein, the Contractor shall purchase all materials and equipment outright and shall not subject the materials and equipment utilized in the Project to any conditional sales agreement, bailment, lease, or other agreement reserving unto seller any right, title, or interest therein. Title to all materials, but not risk of loss, shall pass to the City upon delivery to the Project. 12.03 Where the City deems it necessary to supply materials, it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. Moreover, the Contractor shall, on behalf of the City, accept delivery of the materials set forth in the attached "List of Materials Ordered by the City". Under such circumstances, the Contractor shall promptly forward to the City for payment the supplier's invoice together with the Contractor's receipt in writing for such materials. (a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials. (b) Further, the Contractor shall repair, repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative. (c) Before transporting any of the materials furnished or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. (d) The City shall not be obligated to furnish materials in excess of the quantities, size, kind, and type set forth in the attached List of City Furnished Materials and List of Materials Ordered by the City. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such excess materials shall be their actual cost as stated by the City. (e) Upon delivery, the Contractor shall promptly receive, unload, transport, and handle all materials and equipment on the List of Materials Ordered by the City at its expense and shall be responsible for all shipping costs. 12.04 Materials and supplies shall be new and of good quality. Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished, reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12.05 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 11 Page 232 of 346 12.06 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 12.07 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 12.08 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 12.09 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. 12.10 The Contractor shall review for compliance with the Contract Documents, approve and submit to the City's Consultant Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the City's Consultant or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. 12.11 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the City and City's Consultant that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 12.12 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the City's Consultant. 12.13 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the City's Consultant's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the City's Consultant in writing of such deviation at the time of submittal and (1) the City's Consultant has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the City's Consultant's approval thereof. 12.14 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the City's Consultant on previous submittals. In the absence of such written notice, the City's Consultant's approval of a resubmission shall not apply to such revisions. 12.15 Contractor shall be liable for and the City may withhold from Contractor's payments any amount of additional fees charged by City's Consultant for excessive resubmittal review. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 12 Page 233 of 346 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01 The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. 13.02 The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the Work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the Work will be ready for observation. 13.03 The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the Plans, Specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if said work is in accordance with the -Plans, -Specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04 City shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further, insurance changes required to keep Contractor's insurance in effect shall be the responsibility of Contractor. 14. REJECTED WORK 14.01 All work deemed not in conformity with this Agreement as determined by the City in its sole discretion, may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations, inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the Work in accordance with the requirements of this Agreement and the other Contract Documents. 14.02 If the work or any part thereof is rejected by the City, it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: (a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. (b) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 13 Page 234 of 346 14.03 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the City's Consultant's additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. 15. SUBCONTRACTING & SUBCONTRACTORS 15.01 The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02 Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the Work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Every subcontractor shall be bound by the terms and provisions of this Agreement and the Contract Documents as far as applicable to their work. Contractor's subcontract agreement shall provide that subcontractors shall assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the subcontractor's Work, which the Contractor, by these Documents, assumes toward the City and Consultant. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. 16. PAYMENT 16.01 The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such, is exempt from the payment of the sales tax on materials and supplies used in the performance of this Agreement. The Contractor shall issue exemption certificates to its suppliers and subcontractors in lieu of said sales tax for all such materials and supplies, and said exemption certificates must comply with the State Comptroller's Ruling No. 95-0.07 and shall be subject to the provision of the State Comptroller's Ruling No. 95- 0.09, effective October 1, 1969. 16.02 Progress Payment Applications. The Contractor shall submit applications for payment as provided for herein. Applications for payment will be processed by City's Representative. Before the first Application for Payment, the Contractor shall submit to the City a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City may require ("Schedule of Values"). The Schedule of Values shall not overvalue early job activities and shall follow the trade divisions of the Specifications so far as possible. Modifications must be approved by City. This schedule, unless objected to by the City, shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit F. The Schedule of Values shall be used as a basis for reviewing the Contractor's Applications for Payment. On or before the 15th day of each month, the Contractor shall submit to City's Representative, for approval or modification, an updated Project Schedule and a statement, backed by the Schedule of Values, showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to and including the last day of the preceding month. The statement shall also include the value of all materials Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 14 Page 235 of 346 not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the Work. 16.03 Progress Payments. On or before the 30th calendar day following the City's receipt of a progress payment application made in conformity with Section 16.02, the City shall pay to the Contractor the approved amount of the progress payment based on the Contractor's applications for payment, and the recommendation and approval of City's Representative. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of Work completed by the Contractor and approved by the City, but in each case less the aggregate of payments previously made, less retainage, and less amounts as City's Representative shall determine and the City may withhold in accordance with this Agreement. Upon Final Completion, including the delivery of all close out documents, such as "as built" drawings, warranties, guarantees, required additional materials, releases, operation and maintenance manuals, and acceptance of the Work in accordance with this Agreement, the City shall pay the remainder of the balance due under this Agreement, less any sums withheld under other terms of this Agreement and less the retainage, which shall be retained for a period of thirty (30) calendar days from the date of Final Completion. Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. ❑✓ 16.04 Retainage. From each approved statement, the City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. OR: 16.04 Retainage. This section has been removed. No retainage will be deducted. 16.05 If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06 Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re -stocking charges actually incurred by the Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07 The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the Work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable obj ection. 16.09 Unless otherwise provided in the Contract Documents: Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 236 of 346 (a) Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; (b) Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Amount but not in the allowances; and (c) Whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 16.9(a) and (2) changes in the Contractor's costs under Section 16.9(b). 16.10 Suspension of Payments. The City, at any time, may suspend monthly progress payments on the Work if it determines that the projected liquidated damages may exceed retainage. The City, at any time, may suspend monthly progress payments if it believes that the Contractor will not complete the Work due to actual default or that the Contractor has represented or done some act that indicates that it will not complete the Work in accordance with this Agreement or within the time period submitted in its bid. Provided, however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Section. 16.11 Withhold Funds. Regardless of any bond, the City may, on account of subsequently discovered evidence and in addition to the retainage withheld under Section 16.04, withhold funds or nullify all or part of any acceptance or certificate to such extent as may be necessary to protect itself from loss on account of any of the following, or as otherwise provided in this Agreement: (a) Defective work other than defects in design provided to Contractor by a person other than Contractor's agents, contractors, fabricators, or suppliers, or its consultants, of any tier for non -critical infrastructure. (b) Failure to timely disclose in writing to the City of a known defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications or other design documents. (c) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. (d) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. (e) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. (f) Claims made or reasonable evidence indicating claims will be made for damage to third parties, including adjacent property owners. (g) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. (h) City's determination of an amount of liquidated damages. (i) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. (j) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. (k) Corrections of mistakes, errors and overpayments in relation to prior pay applications and payments. Provided, however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Section. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 16 Page 237 of 346 16.12 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. 17. EXTRA WORK CHARGES 17.01 No changes shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02 City Manager Approval. When the original contract amount plus all change orders is One Hundred Thousand Dollars ($100,000) or less, the City Manager or his designee may approve the written change order in accordance with 17.03 below, provided the change order does not increase the total amount set forth in the Contract to more than One Hundred Thousand Dollars ($100,000). For such contracts, when a change order results in a total contract amount that exceeds One Hundred Thousand Dollars ($100,000), the City Council of the City must approve such change order prior to commencement of the services or work. n17.03 For "Extra Work", as defined in this Agreement and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original Contract price may not be increased by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non -included cost. OR: 17.03 For construction contracts funded in whole or in part by Certificates of Obligations, for "Extra Work," as defined in this Agreement and authorized through written change orders, and pursuant to Section 271.060 of the Texas Local Government Code, a contract with an original contract price of $1 million or more may not be increased by more than twenty-five percent (25%). If a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than $1 million increases the Contract Amount to $1 million or more, subsequent change orders may not increase the revised Contract Amount by more than twenty-five percent (25%). Written change orders may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 17 Page 238 of 346 included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non -included cost. 17.04 The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Completion of the Work shall not excuse the Contractor from performing all the Work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the Work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the Work and the Contractor shall assume and pay the costs of the performance of the Work as contracted. (a) It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a written work order signed by City. (b) No claim for Extra Work of any kind will be allowed unless ordered in writing by the City. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive compensation or an adjustment in the construction time, it shall make written request to City's Representative for a written order from City authorizing such Extra Work. (c) Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the Work after making written requests for written orders in a change order and shall keep adequate and accurate account of the actual field costs therefor, as provided under Method C. (d) It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Method A - By agreed unit prices, or Method B - By agreed lump sum, or Method C - If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost (as defined in subsection (g) below) of the Work. (e) Method A - Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as follows: (1) The cost of materials shall be determined by the invoices; (2) The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 18 Page 239 of 346 (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, workers' compensation, and all other insurance as may be required by law or ordinances or required and agreed to by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1) No indirect or consequential damages will be allowed. (2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned man loading to actual man loading, or any other analysis that is used to show damages indirectly. (3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01 The date of beginning, the time for Substantial Completion and Final Completion of Work as specified in this Agreement are of the essence of this Agreement. 18.02 The Work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post -award conference. 18.03 The Work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04 The Work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 240 of 346 19.01 The Contractor shall notify City's Representative when, in the Contractor's opinion, the Contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the Work has been Substantially Completed, City's Representative shall inspect the Work for the preparation of a final punch list. (a) If City's Representative and the City find that the Work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the Work. City's Representative shall not be required to provide a list of unfinished work. (b) If the City Representative and City find that the Work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19.02 The Substantial Completion of the Work shall not excuse the Contractor from performing all of the Work, whether of a minor or major nature, necessary for Final Completion and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01 Contractor shall notify the City's Representative when it believes that the Work has reached Final Completion as defined in this Agreement. If the City's Representative and the City accept and deems such Work Finally Complete, then Contractor shall be so notified and certificates of completion and acceptance, as provided herein, shall be issued. A complete itemized statement of this Agreement account, certified by the City's Representative as correct, shall then be prepared and delivered to Contractor. Contractor or City, as the case may be, shall pay the balance due as reflected by said statement within thirty (30) calendar days. 20.02 The Contractor shall procure all required certificates of acceptance or completions issued by state, municipal, or other authorities and submit the same to the City. The City may withhold any payments due under this Agreement until the necessary certificates are procured and delivered. 20.03 Neither the final payment nor any acceptance nor certificate nor any provision of this Agreement shall relieve the Contractor of any responsibility for faulty workmanship or materials. At the option of the City, the Contractor shall remedy any such defects and pay for any damage to other work which may appear after final acceptance of the Work. 21. DELAYS 21.01 The Contractor, in undertaking to complete the Work within the times herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such Work, whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise. 21.02 The City may, in its sole discretion, delay the Work during inclement weather in order to preserve the Project, insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Section 22 to offset for such stoppage of the Work. 21.03 No payment or compensation of any kind shall be made to the Contractor for damages because of hindrance or delay in the progress of the Work, unless such delays (1) are caused by the actual interference, fraud, bad faith or misrepresentation by the City or its agents, (ii) extend for an unreasonable length of time; or (iii) were not contemplated by the parties at the time of contracting. In the event of any delay entitling Contractor to an Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page20 Page 241 of 346 increase in Contract Amount, except when due to City's intentional interference or fraud, Contractor's recovery shall be limited as outlined in Section 21.04 below. The City's reasonable exercise of any of its rights or remedies under the Contract, regardless of the extent or frequency, shall not under any circumstances be construed as interference with the Contractor's performance of the Work. 21.04 In the event of delays resulting from changes ordered in the Work by the City or other delays caused by the City or for the City's convenience, the Contractor may apply to the City for recovery of incidental damages resulting from increased storage costs or other costs necessary to protect the value of the Work. In no event shall any consequential or other damages be allowed or any other charges or claims be made by the Contractor for hindrances or delays resulting from any other cause. 22. EXTENSIONS OF TIME 22.01 The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including, but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completion, except when the Work has been delayed by one or more of the following: (a) An act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; (b) By changes ordered in the Work, or reductions thereto approved in writing; (c) By "rain days" (days with rainfall in excess of one -tenth of an inch) during the term of this Agreement that exceed the average number of rain days for such term for this locality, both as determined by the National Weather Service Forecast Office for Easterwood Airport in College Station, Texas (KCLL/CLL); or (d) By other causes that the City and the Contractor agree may reasonably justify delay and that were beyond the Contractor's reasonable control and ability to estimate, predict, or avoid, such as delays caused by unforeseen labor disputes, fire, natural disasters, acts of war, and other rare and unpredictable events. This term does not include normal delays incident to the delivery of materials, tools, or labor that reasonably could have been predicted and/or accounted for in the Contractor's Proposal or decision to bid. 22.02 If one or more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time, within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required by the City's Representative. Within ten (10) calendar days after receipt of a written request for an extension of time, which is supported by all requested documentation, the City shall, in writing and in its sole discretion, grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing and in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01 The time for the Substantial and Final Completion of the Work described herein are reasonable times for the completion of each, taking into consideration all conditions, including but not limited to the average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor's failure to meet the deadlines for Substantial and/or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 121 Page 242 of 346 that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 As a result of the difficulty in estimation, calculation and ascertainment of City's damages due to a failure of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the Work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Section 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of TWO HUNDRED and NO /100 DOLLARS ($ 250.00 ) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01 The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02 The Contractor shall take the necessary precautions to protect any areas adjacent to its Work. 24.03 The Work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01 Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (1) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative, and all work will be of good quality, free from faults and defects (other than defects from third parties as set out in Chapter 59 Texas Business and Commerce Code relating to non -critical infrastructure), and in conformance with this Agreement, the other Contract Documents, and recognized industry standards . 25.02 All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03 This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04 Where more than a one (1) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 22 Page 243 of 346 25.05 This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 25.06 Defective Work Discovered During Warranty Period. If any of the Work is found or determined to be either defective, including obvious defects under warranty as set forth in this Section 25, or otherwise not in accordance with this Agreement within one (1) year after the date of the issuance of a certificate of Final Completion of the Work or a designated portion thereof, whichever is longer, or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall nromntly. upon receipt of written notice by the City, correct the defective work at no cost to the City. 25.07 The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08 If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the Work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the Work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09 The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10 The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (1) year after the installation or completion. The one (1) year warranty shall cover all Work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the Work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01 Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02 Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Section 26.01, the Contractor or subcontractor as the case may be shall pay the City sixty dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03 The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable, without discount, no less than once each week. 26.04 No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page23 Page 244 of 346 shall state that the copy is a true and correct copy of such payroll and that no rebates or deductions (except as shown) have been made or will be made in the future from the wages therein shown. 26.05 Payment of Subcontractors. The Contractor shall be solely and exclusively responsible for compensating any of the Contractor's employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by the City. In the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the Work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 26.06 Affidavit of Bills Paid. Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 27. INSURANCE 27.01 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth below. During the term of this Agreement Contractor's insurance policies shall meet the minimum requirements of this section. 27.02 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Excess Liability — required for contract amounts exceeding $1,000,000. (d) Builder's Risk — provides coverage for contractor's labor and materials for a project during construction that involves a structure such as a building or garage, builder's risk policy shall be written on "all risks" form. (e) Workers' Compensation/ Employer's Liability. 27.03 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Only licensed Insurance Carriers authorized to do business in the State of Texas will be accepted. (b) Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. (c) "Claims Made" policies are not accepted. (d) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City of College Station. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page24 Page 245 of 346 (e) The City of College Station, its agents, officials, employees and volunteers, are to be named as "Additional Insured" to the Commercial General, Umbrella and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officials, employees or volunteers. 27.04 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated "A:VIII" or better in accordance with the current A.M. Best Key Rating Guide. (b) Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. (c) Coverage shall be at least as broad as ISO form GC 00 01. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for the City's review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. 27.05 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated "A:VIII" or better in accordance with the current A.M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned autos, leased or rented autos, non -owned autos, any autos and hired autos. (e) Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1,000,000.00, where such exposures exist. 27.06 Excess Liability. The following Excess Liability requirements shall apply: Unless otherwise agreed in writing, excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the Agreement, whichever is greater, per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000 in total value. 27.07 Additional Insured. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 25 Page 246 of 346 Those policies set forth in Sections 27.04, 27.05, and 27.06 shall contain an endorsement listing the City as Additional Insured and further providing that the Contractor's policies are primary to any self-insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form acceptable to the City. Waiver of subrogation in a form acceptable to the City shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached hereto as Exhibit C, and approved by the City before Work commences. 27.08 Builder's Risk Until the Work is completed and accepted by the City, the Contractor shall purchase and maintain builder's risk insurance upon the entire Work at the Project site to the full insurable value thereof, including any increases in value due to duly authorized change orders to the Work and Project. The builder's risk insurance shall also cover portions of the Work stored off site after written approval of the City of the value established in the approval, and also portions of the Work in transit. This insurance shall include the interests of the City, the Contractor, subcontractors and sub -subcontractors in the Work and shall insure against the perils of fire, wind, storm, hail, lightning and extended coverage including flood and earthquake and shall include all-risk insurance for physical loss or damage, including, without duplication of coverage, theft, vandalism and malicious mischief. The insurance shall cover reasonable compensation for City's Consultant's services and expenses required as a result of an insured loss. This must be an all-risk policy incorporating the following language: Permission is given for the Project insured hereunder to become occupied, the insurance remaining in full force and effect until such time as the Project has been accepted by the City, all as currently approved by the Texas Board of Insurance Commissioners When permissible by law, the Certificate of Insurance must include the names of the insured Contractor and the City. The deductible under the policy, including that for flood shall not exceed $100,000.00 without the written approval of the City. 27.09 Workers' Compensation/Employer's Liability Insurance. The following Workers' Compensation Insurance requirements shall apply. (a) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers' compensation insurance policy: either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers' Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. (b) Workers' Compensation/ Employer's Liability insurance shall include the following terms: 1. Employer's Liability minimum limits of $1,000,000.00 for each accident/each disease/each Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page26 Page 247 of 346 employee are required. 2. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. 3. Texas must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. (c) Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: "A. Definitions: Certificate of coverage ("certificate') — An original certificate of insurance, a certificate of authority to self -insure issued by the Division of Workers' Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the Work on the project until the Contractor's/person 's Work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in § 406.096 [of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page27 Page 248 of 346 extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers' Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 128 Page 249 of 346 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 Sections (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Agreement, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the Agreement void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity." 27.09 Certificates of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance -approved form, and shall contain the following provisions and warranties: (a) The company is authorized to do business in the State of Texas. (b) The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Department of Insurance or ISO. (c) Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 28. BOND PROVISIONS 28.01 Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City's discretion, such bonds shall be executed in accordance with all requirements of Chapter 3503 of the Texas Insurance Code, all other applicable law, and the following: Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page29 Page 250 of 346 (a) The Contractor shall execute performance and payment bonds for the full Contract Amount and, if required by Contractor's surety to cover increases in the dollar amounts or amount of Work that is increased by a duly authorized change order, Contractor shall secure performance and payment bond riders to increase the dollar amounts and coverages of the performance and payment bonds. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents, which are attached as Exhibit B, together with valid original powers of attorney, at the time of execution of this Agreement by Contractor and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit B. (d) The performance and payment bonds, and any subsequently issued bond riders, shall remain in effect for a period of one (1) year after Final Completion of the Work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02 The Contractor may make such changes and alterations as the City may require in the Work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned, in accordance with the provisions of Article 17. 29. SURETY 29.01 If the Contractor has abandoned the Project or the City has terminated the Contract for cause and the Contractor's Surety, after notice demanding completion is sent, fails to commence the completion of the Work in compliance with this Agreement, then the City at its option may provide for completion of the Work in either of the following manners: (a) The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the Work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. (b) The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the Work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what would have been the cost under this Agreement, such increase together with all of the City's damages due to Contractor's abandonment and/or default, including liquidated damages, as provided pursuant to Section 38, entitled "TERMINATION FOR CAUSE" shall be charged to the Contractor and the surety Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page30 Page 251 of 346 shall be and remain bound therefor. However, should the cost to complete such new agreement prove to be less than that which would have been the cost to complete the Work under this Agreement, the Contractor shall be credited therewith after all deductions are made in accordance with this Agreement. 29.02 Should the cost to complete the Work exceed the Contract Amount and the Contractor fails to pay the amount due to the City within the time designated and there remains any machinery, equipment, tools, materials, or supplies on the Project site, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor at its respective address designated in this Agreement; provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 29.03 In the event the account shows that the cost to complete the Work is less than that which would have been the cost to City had the Work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the Project site shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01 The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. 30.02 The Contractor shall perform and require all subcontractors to perform the Work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 30.03 The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01 All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attn.: Assistant Chief'. 31.02 The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the Work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the Work as may be necessary. 31.03 The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page31 Page 252 of 346 hazards created by the performance of the Work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04 Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in this Agreement, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as defined in this Agreement). In the event Contractor engages in any of the activities prohibited in this Section 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from the activities prohibited in this section 31.04. 31.05 In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06 City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07 It is the Contractor's responsibility to comply with all Environmental Laws (as defined in this Agreement) based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Subchapter 756 of the Tex. Health & Safety Code Ann. §756.022-023, and the requirements of 29 C.F.R., Subpart P — Excavations (sections 1926.650 et. seq.) of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page32 Page 253 of 346 32.03 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty, responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 32.04 The Contractor must provide the City the name of the "competent person" required by OSHA standards to perform the trench safety inspections. The Contractor must make daily inspections to ensure that the systems comply with all applicable laws and regulations, and must maintain a permanent record of daily inspections available for examination by the City or other government authority. 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. 33. INDEMNITY 33.01 CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THE CONTRACT DOCUMENTS. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02 The indemnification contained in Section 33.01 shall include but not be limited to the following specific instances: (a) The City is damaged due to the act, omission, mistake, fault or default of the Contractor. (b) In the event of any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) In the event of any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. (d) In the event of any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. (e) The removal of all debris related to the Work. (f) The acts and omissions of the subcontractors it hired. (g) The Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page33 Page 254 of 346 33.03 The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 33.04 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Section 33.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 33.05 The indemnity provisions provided herein shall survive the termination or expiration of this Agreement. 33.06 The indemnification obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers compensation acts, disability benefit acts or other employee benefit acts. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 34. RELEASE 34.01 The Contractor assumes full responsibility for the Work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's Work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 35. PERMITS AND LICENSES 35.01 The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the Work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 36. ROYALTIES AND LICENSING FEES Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page134 Page 255 of 346 36.01 THE CONTRACTOR SHALL PAY ALL ROYALTIES AND LICENSING FEES. THE CONTRACTOR SHALL HOLD THE CITY HARMLESS AND INDEMNIFY THE CITY FROM THE PAYMENT OF ANY ROYALTIES, DAMAGES, LOSSES OR EXPENSES INCLUDING ATTORNEY'S FEES FOR SUITS, CLAIMS OR OTHERWISE, GROWING OUT OF INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, MATERIALS AND METHODS USED IN THE PROJECT. IT SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT RIGHTS. FURTHER, IF THE CONTRACTOR HAS REASON TO BELIEVE THAT THE DESIGN, SERVICE, PROCESS, OR PRODUCT SPECIFIED IS AN INFRINGEMENT OF A PATENT, IT SHALL PROMPTLY GIVE SUCH INFORMATION TO CITY'S REPRESENTATIVE. 37. BREACH OF CONTRACT & DAMAGES 37.01 The City shall have the right to declare the Contractor in breach of this Agreement for cause when the City determines that this Agreement is not being performed according to its understanding of the intent and meaning of this Agreement. Such breach shall not in any way invalidate, abrogate, or terminate the Contractor's obligations under this Agreement. 37.02 Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to damages for breach of contract, upon but not limited to the following occurrences: (a) If the Contractor shall fail to remedy any default after written notice thereof from City's Representative, as City's Representative shall direct; or (b) If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or (c) If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 38. TERMINATION FOR CAUSE 38.01 At any time, and without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety for any of the following: (a) If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors and, after notice, fails to provide adequate assurance that it can remedy all of its defaults; or (b) If a receiver, trustee, or liquidator of any of the property or income of the Contractor is appointed; or (c) If the Contractor fails to prosecute the Work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or (d) If the Contractor fails to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page 35 Page 256 of 346 (e) If the Contractor fails for any reason other than the failure by City's Representative to make payments called upon when due; or (f) If the Contractor abandons the Work. (g) If the Contractor commits a material default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 39. TERMINATION FOR CONVENIENCE 39.01 The performance of the Work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the Work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE 40.01 If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the Work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the Work itself or by others, pursuant to the foregoing, then the Contractor and/or Contractor's surety will reimburse City for all costs incurred by the City (including, without limitation, applicable, general, administrative expenses, field overhead, the cost of necessary equipment, materials, field labor, additional fees paid to architects, engineers, attorneys or others to assist the City in connection with the termination and liquidated damages) in completing and/or correcting work by the Contractor that fails to meet any requirement of this Agreement or the other Contract Documents. 41. CLOSE OUT 41.01 After receipt of a notice of termination, whether for cause or convenience, unless otherwise directed by City's Representative, the Contractor shall, in good faith and to the best of its ability, do all things necessary in the light of such notice to assure the efficient and proper closeout of the terminated work (including the protection of City's property). Among other things, the Contractor shall, except as otherwise directed or approved by City's Representative, do the following: (a) Stop the work on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts for services, equipment, or materials, except as may be necessary for completion of such portion of the Work as is not terminated; Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page36 Page 257 of 346 (c) Terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by the notice of termination; (d) Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Repre- sentative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (e) With the approval of City's Representative, settle all outstanding liabilities and all claims arising out of such termination, orders, and subcontracts; (f) Deliver to City's Representative, when directed by City's Representative, all documents and all property, which if the Work had been completed, Contractor would have been required to account for or deliver to City's Representative, and transfer title to such property to City's Representative to the extent not already transferred. 42. TERMINATION CONVERSION 42.01 Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Section 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a termination for convenience pursuant to Section 39 and Contractor's remedy for such termination shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Section 39. 43. HIRING 43.01 During the term of this Agreement and for a period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT 44.01 This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45. EFFECTIVE DATE 45.01 This Agreement goes into effect when duly approved by all the parties hereto and is contingent upon Contractor obtaining the bonds required herein. 46. OTHER TERMS 46.01 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page37 Page 258 of 346 the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. 46.03 Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.04 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.05 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 46.06 Mediation. After receipt of a written notice of a claim, the City may elect to refer the matter to the City's Consultant, City's Representative or another party for review. Contractor will attend meetings called to review and discuss the claims and mitigation of the problem, and shall furnish any reasonable factual backup for the claim requested. The City may also elect to defer consideration of the claim until the Work is completed, in which case the same review options shall be available to the City at the completion of the Work. At any stage, the City, at its sole discretion, is entitled to refer a claim to mediation under the Construction Industry Mediation Rules of the American Arbitration Association, and, if this referral is made, Contractor will take part in the mediation process. The filing, mediation or rejection of a claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under City's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in College Station, Texas. 46.07 Arbitration. In the event of a dispute and upon the mutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.08 Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 46.09 Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this Agreement. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page38 Page 259 of 346 46.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 46.11 Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.12 Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.13 Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.14 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.15 Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. 46.16 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) Boycott Israel. If this Contract is for goods and services subject to § 2270.002 Texas Government Code, Contractor verifies that it (i) does not boycott Israel; and (ii) will not boycott Israel during the term of this Contract; (b) Boycott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Contractor verifies that it (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Contractor herein verifies that it (i) does not boycott energy companies; and (ii) will not boycott energy companies during the term of this Contract. 46.17 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 VendorInvoiceEntrvna,cstx.gov if the Contractor reasonably suspects or knows if any of their financial information has been subject to fraudulent activity or suspected fraudulent activity. Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page39 Page 260 of 346 List of Exhibits A. Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule F. Schedule of Values ZONE INDUSTRIES CITY OF COLLEGE STATION By: (',o(,(m, broWIA, By: City Manager Printed Name: Collin Brown Date: Title: A/P of Municipal SRIPc Date: 11/17/2025 APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Contract No. 26300146 Construction Agreement Over $50,000 Form 4-20-23 Page40 Page 261 of 346 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 262 of 346 "General Decision Number: TX20250007 09/19/2025 Superseded General Decision Number: TX20240007 State: Texas Construction Type: Heavy Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) Construction Projects Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022: If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022: . Executive Order 14026 generally applies to the contract. . The contractor must pay all covered workers at least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. . Executive Order 13658 generally applies to the contract. . The contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number 0 1 Publication Date 01/03/2025 09/19/2025 * SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) $ 12.56 ** ELECTRICIAN $ 26.35 FORM BUILDER/FORM SETTER Paving & Curb $ 12.94 ** Structures $ 12.87 ** LABORER Asphalt Raker $ 12.12 ** Flagger $ 9.45 ** Laborer, Common $ 10.50 ** Laborer, Utility $ 12.27 ** Pipelayer $ 12.79 ** Work Zone Barricade Servicer $ 11.85 ** PAINTER (Structures) $ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor $ 12.69 ** Asphalt Distributor $ 15.55 ** Asphalt Paving Machine $ 14.36 ** Page 263 of 346 Boom Truck $ 18.36 Broom or Sweeper $ 11.04 ** Concrete Pavement Finishing Machine $ 15.48 ** Crane, Hydraulic 80 tons or less $ 18.36 Crane, Lattice Boom 80 tons or less $ 15.87 ** Crane, Lattice Boom over 80 tons $ 19.38 Crawler Tractor $ 15.67 ** Directional Drilling Locator $ 11.67 ** Directional Drilling Operator $ 17.24 ** Excavator 50,000 lbs or Less $ 12.88 ** Excavator over 50,000 lbs$ 17.71 ** Foundation Drill, Truck Mounted $ 16.93 ** Front End Loader, 3 CY or Less $ 13.04 ** Front End Loader, Over 3 CY$ 13.21 ** Loader/Backhoe $ 14.12 ** Mechanic $ 17.10 ** Milling Machine $ 14.18 ** Motor Grader, Fine Grade$ 18.51 Motor Grader, Rough $ 14.63 ** Pavement Marking Machine$ 19.17 Reclaimer/Pulverizer $ 12.88 ** Roller, Asphalt $ 12.78 ** Roller, Other $ 10.50 ** Scraper $ 12.27 ** Spreader Box $ 14.04 ** Trenching Machine, Heavy$ 18.48 Servicer $ 14.51 ** Steel Worker Reinforcing $ 14.00 ** Structural $ 19.29 TRAFFIC SIGNALIZATION: Traffic Signal Installation Traffic Signal/Light Pole Worker $ 16.00 ** TRUCK DRIVER Lowboy -Float $ 15.66 ** Off Road Hauler $ 11.88 ** Single Axle $ 11.79 ** Single or Tandem Axle Dump Truck $ 11.68 ** Tandem Axle Tractor w/Semi Trailer $ 12.81 ** WELDER $ 15.97 ** WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). Page 264 of 346 The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non -union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non -union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Page 265 of 346 Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. END OF GENERAL DECISION" Page 266 of 346 1. Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3. The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 1/2) times the base hourly rate. 4. The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. 5. Except for Heavy/Highway Construction, building construction wage rates shall be paid to all workers except those workers engaged in site work and construction beyond five feet of buildings. Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 267 of 346 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 268 of 346 PERFORMANCE BOND THE STATE OF TEXAS THE COUNTY OF BRAZOS Bond No. 4484905 § § § KNOW ALL MEN BY THESE PRESENTS: THAT WE, Zone Industries, LLC dba Precision Pump Systems , as Principal, hereinafter called "Contractor" and the other subscriber hereto SureTec Insurance Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of ONE HUNDRED THIRTY THOUSAND and NO /100 Dollars ($ 130,000.00 ) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for The Repairs at the Clarifiers 2B all of such Work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having fully considered its Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty (30) days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 269 of 346 done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond and it does hereby waive notice of any such change in Contract Time or Contract Sum. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the Work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees incurred by the city in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 270 of 346 Bond No. 4484905 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corpor.ti•n (SEAL) WITNESS: (if not a corporatio By: _r 1t1a /V 'U(1 , b^`: Name: X i)0 a Arkt's Title: PA7 MC,t y1C _Og ,r Date: November 24, 2025 FOR THE SURETY: ATTEST/W.ITNESS By: Name: Abram Sanchez Title: Surety Witness Date: November 24, 2025 FOR THE CITY: REVIEWED: Sirena Sanders My Commission ExpireZO1 E INDUSTRIES 11/19/2028 Notary ID135176397 Name: � ast-). Title: (FL) Date: November 24, 2025 SureTec Insurance Company (Full Name of Surety) 2103 CityWest Boulevard, Suite 1300 Houston, Texas 77042 (Address of Surety for Notice) By: e/‘:16 Name: BaiLee Islas Title: Attorney -in -Fact Date: November 24, 2025 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. Contract No, 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 271 of 346 TEXAS STATUTORY PAYMENT BOND Bond No. 4484905 THE STATE OF TEXAS THE COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: THAT WE, Zone Industries, LLC dba Precision Pump Systems called "Principal" and the other subscriber hereto , as Principal, hereinafter SureTec Insurance Company , a corporation organized and existing under the laws of the State of Texas , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of ONE HUNDRED THRITY THOUSAND and NO /100 Dollars ($ 130,000.00 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the 24th day of November , 20 25 , for The Repairs at the Clarifiers 2B referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the Work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond, and it does hereby waive notice of any such change in Contract Time or Contract Sum. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 272 of 346 Bond No. 4484905 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation WITNESS: (if not a corporatio By:- AA/1 U� u V.G Name: %V bi‘C‘ U1.VNCAU�i Title: t t \CA r\ U ' Ir Date: November 24, 2025 FOR THE SURETY: ATTEST/WITNESS By: Name: Abram Sanchez Title: Surety Witness Date: November 24, 2025 FOR THE CITY: REVIEWED: (SEAL) Sirens Sanders zor E INDUSTRIES My Co1 /119/2026 Expires Notary 10135176397 By: ���r,• Name: 6i 1)%v,�s Title: (F0 Date: November 24, 2025 SureTec Insurance Company (Full Name of Surety) 2103 CityWest Boulevard, Suite 1300 Houston, Texas 77042 (Address of Surety for Notice) By: //r2 •/,U �itit/ Name: BaiLee Islas Title: Attorney -in -Fact Date: November 24, 2025 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 273 of 346 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 274 of 346 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/5/2025 Highpoint Insurance Group, LLC. 4300 FM 2351 Friendswood INSURED Zone Industries, LLC 3303 Cypresswood Dr Spring COVERAGES TX 77546 TX 77388 CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). UUN PRODUCER I NAME:UI Tiffanie Kepley PHONE (281)204-8770 A/C. No. Ext): MAIL ADDRESS: hpcerts@hpigrp.com FAX (281)204-8810 (A/C, No): INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Crum & Forster Specialty Insurance Comm 44520 INsuRERB:National Liability & Fire Insurance INsuRERC:Texas Mutual Insurance Company IINSURERD:Endurance American Specialty Ins INSURER E: Argonaut Insurance Company INSURERF:Multiple Policies/Carriers Apply NUMBER:2025 Master Cert REVISION NUMBER: Co. 20052 22945 Co 41718 19801 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 EXPI1 LIMITS LTR IN wvn POLICY NUMBER (MM/DD/YYYYI (MM/DDIYYYYI X COMMERCIAL GENERAL LIABILITY A F E C D D CLAIMS -MADE OCCUR GEN- 'L AGGREGATE LIMIT APPLIES PER POLICY X PRO- LOC JECT OTHER. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X HIRED AUTOS UMBRELLA LIAB x - EXCESS LIAB SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE DED I X I RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED'? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Contractors Equipment Installation Floater YIN N N/A EPK-158317 8/18/2025 8/18/2026 73APB012320 See Comments/Remarks Page WC 929258844824 (NM LA) 0002083359(TX) USL&H Included iMU30050746402 IMU30050746402 8/18/2025 8/18/2026 8/18/2025 8/18/2026 8/18/2025 8/18/2026 8/18/2025 8/18/2026 8/18/2025 8/18/2026 8/18/2025 8/18/2026 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG Contractors Pollution - Each Occ COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE X I STATUTE I I OH ER E.L. EACH ACCIDENT E L. DISEASE - EA EMPLOYEE E L. DISEASE - POLICY LIMIT Leased/Rented from Others Aggregate/Per Jobsae DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability & Auto policies includes blanket additional insured endorsements. The General Liability and Workers' Compensation policies include blanket waiver of subrogation per endorsement. The General Liability includes blanket primary and non-contributory coverage. The Excess policy follows form of the underlying General Liability including Poll, Auto Liability and Employers Liability policies, subject to the policies terms, conditions, and exclusions. All such coverages are provided to the certificate holder only when there is a written contract or agreement between the named insured and the certificate holder that requires such status and/or coverage. CERTIFICATE HOLDER CANCELLATION City of College Station Risk Management Department PO Box 9960 College Station, TX 77842 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000 10,000,000 10,000,000 1,000,000 1,000,000 1,000,000 $100,000 $1MM/$250K SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Brandon Smyr1/MEGLIN © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) Page 275 of 346 COMMENTS/REMARKS Certificate holder is completed to include: City of College Station, its officers, agents, volunteers and employees OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Page 276 of 346 COMMENTS/REMARKS PRIMARY $3,000,000 EXCESS LIABILITY (Applicable to General Liability and Employers Liability Only) Carrier: Crum & Forster Specialty Insurance Company Effective - 08/18/25 - 08/18/26 Policy # EFX-135149 NAIC # 44520 Limit: $3,000,000 Aggregate, $3,000,000 Per Occurrence PRIMARY $1,000,000 AUTO EXCESS LIABILITY (Applicable to Auto Liability Only) Carrier: Lloyd's of London Effective - 08/18/25 - 08/18/26 Policy # SCT1507626 Limit: $1,000,000 Aggregate, $1,000,000 Per Occurrence SECONDARY $2,000,000 AUTO EXCESS LIABILITY (Applicable to Auto Liability Only) Carrier: Upland Specialty Insurance Company Effective - 08/18/25 - 08/18/26 Policy # USXTL1062225 NAIC # 16988 Limit: $2,000,000 Aggregate, $2,000,000 Per Occurrence HIGH $7,000,000 EXCESS LIABILITY ($7MM X $3MM) (Applicable to General Liability, Auto Liability, Employers Liability and $3MM Lead Excess Liability Policies) Carrier: Navigators Specialty Insurance Company Policy # H025XENZOLBWPIC Effective - 08/18/25 - 08/18/26 NAIC # 36056 Limit: $7,000,000 Aggregate, $7,000,000 Per Occurrence These policies combine for a total Excess Liability Limit of $10,000,000 OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Page 277 of 346 M-5876 (05/2016) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM In consideration of payment of the additional premium listed below, LIABILITY COVERAGE is extended to any person or organization you are required to add to this policy as an additional insured in a written agreement between you and the additional insured that is executed prior to the "accident" provided that: 1) such insurance applies only to the ownership, maintenance or use of a covered auto; and 2) such insurance applies only to acts or omissions by you, your agents or your "employees" while such covered auto is being used in your business; and 3) such insurance does not apply to the acts or omissions of the additional insured or any of the additional insured's agents or "employees" other than you; and 4) such insurance does not apply if the additional insured is subject to motor carrier insurance requirements and is not insured for hired "autos" under an "auto" liability insurance form that insures on a primary basis the owners of the "autos" and their agents and "employees" while the "autos" are being used exclusively in the additional insured's business and pursuant to operating rights granted to the additional insured by a public authority; and 5) such inclusion of additional insured shall not increase our limit of liability under this policy. All other terms, conditions and agreements remain unchanged. Company Name NATIONAL LIABILITY & FIRE INSURANCE COMPANY Named Insured ZONE INDUSTRIES LLC Additional Premium: $ 2,500 Policy Number 73 APB 012320 Endorsement Effective 08/18/2025 12:01 AM Countersigned by (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) M-5876 (05/2016) Page 278 of 346 _eXaSMutual® WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 8/18/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0002083359 of Texas Mutual Insurance Company effective on 8/18/25 Issued to: ZONE INDUSTRIES, LLC DBA: PRECISION PUMP SYSTEMS This is not a bill NCCI Carrier Code: 29939 .ea-&66L 4_1d6 Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650 8/15/25 WC 42 03 04 B Page 279 of 346 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Organization(s): Location And Description Of Completed Operations Blanket when specifically required in a written contract with the Blanket when specifically required in a written named insured. contract with the named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". EN0320-0211 Page 1 of 1 Page 280 of 346 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations Blanket when specifically required in a written contract with the Blanket when specifically required in a written named insured. contract with the named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" cause, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. EN0321-0211 With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 3. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 4. 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. Page 1 of 1 Page 281 of 346 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured. A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of "your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 Page 1 of 1 Page 282 of 346 EXHIBIT D PLANS AND SPECIFICATIONS If the plans and specifications from the RFP/CSP are not physically inserted here, then they are fully incorporated into this contract by reference. Equipment Scope & Services Included *Pull and repair center pier section and drive assembly *Prior to removal, weld in four (4) supports on center pier to ensure drive won't fall and block cage. *Remove bolts from bridge and drive for removal. *Set up crane *Remove bridge and set it next to clarifier. *Remove drive and bring it back to the shop for evaluation and testing. *Cut out about 6ft. of center pier and bring in for replacement. *Inspect remaining center pier for corrosion. Check if it can be welded to. *Upon inspections of center pier, if corrosion or deficiencies are found notify the City so center pier can be removed and quoted for repair or replacement. *Remove bad angles for cage supports. *Once angle supports and Center pier parts are finished. Bring to the site and weld in place. *Set repair/inspected gear drive and bolt to the center pier and attach drive cage. *Set the bridge and bolt into place. *Attach all electrical for gear drive. *Level with laser level. *Run and test for correct operation. *Perform a torque test with City personnel Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 283 of 346 EXHIBIT E CONSTRUCTION SCHEDULE DELIVERY: 1 to 2 weeks after receipt of approval Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 284 of 346 EXHIBIT F SCHEDULE OF VALUES Total cost for repairs is $130,000.00 FOB: Shipping Point, Freight Included Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 285 of 346 PERFORMANCE BOND THE STATE OF TEXAS THE COUNTY OF BRAZOS Bond No. 4484905 § § § KNOW ALL MEN BY THESE PRESENTS: THAT WE, Zone Industries, LLC dba Precision Pump Systems , as Principal, hereinafter called "Contractor" and the other subscriber hereto SureTec Insurance Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of ONE HUNDRED THIRTY THOUSAND and NO /100 Dollars ($ 130,000.00 ) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for The Repairs at the Clarifiers 2B all of such Work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having fully considered its Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty (30) days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 286 of 346 done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond and it does hereby waive notice of any such change in Contract Time or Contract Sum. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the Work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees incurred by the city in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 287 of 346 Bond No. 4484905 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corpor.ti•n (SEAL) WITNESS: (if not a corporatio By: _r 1t1a /V 'U(1 , b^`: Name: X i)0 a Arkt's Title: PA7 MC,t y1C _Og ,r Date: November 24, 2025 FOR THE SURETY: ATTEST/W.ITNESS By: Name: Abram Sanchez Title: Surety Witness Date: November 24, 2025 FOR THE CITY: REVIEWED: Sirena Sanders My Commission ExpireZO1 E INDUSTRIES 11/19/2028 Notary ID135176397 Name: � ast-). Title: (FL) Date: November 24, 2025 SureTec Insurance Company (Full Name of Surety) 2103 CityWest Boulevard, Suite 1300 Houston, Texas 77042 (Address of Surety for Notice) By: e/‘:16 Name: BaiLee Islas Title: Attorney -in -Fact Date: November 24, 2025 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. Contract No, 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 288 of 346 TEXAS STATUTORY PAYMENT BOND Bond No. 4484905 THE STATE OF TEXAS THE COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: THAT WE, Zone Industries, LLC dba Precision Pump Systems called "Principal" and the other subscriber hereto , as Principal, hereinafter SureTec Insurance Company , a corporation organized and existing under the laws of the State of Texas , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of ONE HUNDRED THRITY THOUSAND and NO /100 Dollars ($ 130,000.00 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the 24th day of November , 20 25 , for The Repairs at the Clarifiers 2B referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the Work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond, and it does hereby waive notice of any such change in Contract Time or Contract Sum. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 289 of 346 Bond No. 4484905 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation WITNESS: (if not a corporatio By:- AA/1 U� u V.G Name: %V bi‘C‘ U1.VNCAU�i Title: t t \CA r\ U ' Ir Date: November 24, 2025 FOR THE SURETY: ATTEST/WITNESS By: Name: Abram Sanchez Title: Surety Witness Date: November 24, 2025 FOR THE CITY: REVIEWED: (SEAL) Sirens Sanders zor E INDUSTRIES My Co1 /119/2026 Expires Notary 10135176397 By: ���r,• Name: 6i 1)%v,�s Title: (F0 Date: November 24, 2025 SureTec Insurance Company (Full Name of Surety) 2103 CityWest Boulevard, Suite 1300 Houston, Texas 77042 (Address of Surety for Notice) By: //r2 •/,U �itit/ Name: BaiLee Islas Title: Attorney -in -Fact Date: November 24, 2025 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. Contract No. 26300146 Construction Agreement Over $50,000 Form 04-20-2023 Page 290 of 346 POA# 4221048 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Allen Bale, Christopher Brower, Dane Bubela, Daniel Cokenour, Jennifer Upton, Nikki Adams, Parker Hamilton, Samantha Kato, Dennis Northington, Greg A. Wilkerson, Brandon Carpenter, Bob Farish, Shephanie Dauphin-Gawlik, Tim Killeen, Loretta Lange Trudy Mattson, Dana Mickey, Roman R. Zuniga, Raul Barberena Jr., Joan Hall, Ericka Hamman, BaiLee Islas Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or Jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Five Million and 00/100 Dollars ($5,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 2nd day of April , 2025 . SureTec Insurance Company Michael C. Keimig, President State of Texas County of Harris: ice President On this 2nd day of April , 2025 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. ,..........., JULIE E. MCCLARY Notary Public State of Texas 1. °= Commission # 12947680-5 ` Commission Expires March 29, 2026 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 24th day of November 2025 . Company M. Br nt Beaty, A istant Secretary tp 1 And w Maquis, As s aunt se r�tary By: (II 'Mc die E. McClary, Notary Public y commission expires 3/29/2026 Markel Insurance Company Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 4221048 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Page 291 of 346 SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax#: 512-490-1007 Web: htto://www.tdi.state.iy.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. SIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 Page 292 of 346 November 24, 2025 Item No. 7.8. Authorization for purchase of the Andros Spartan Bomb Robot Sponsor: Billy Couch Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action to authorize the purchase of the Andros Spartan Bomb Robot in the amount of $335,138 from Peraton Remotec for the College Station Police Department Bomb Squad. Relationship to Strategic Goals: Good governance Recommendation(s): Staff recommends the purchase of the bomb robot so the CSPD Bomb Squad can operate to their full capabilities. Summary: CSPD has operated a Bomb Squad for more than 2 decades. They utilize various equipment to respond to possible explosive devices or suspicious packages. The current robot in use is at the end of its life and is no longer being serviced by the company and has lost some of its capabilities. Replacing this robot allows the bomb squad to get close to suspicious packages/bombs to analyze the threat without risking the lives of personnel, as well as continue operating with full capabilities. The Andros Spartan robot is sole sourced and costs $335,138. Budget & Financial Summary: Funds are available and budgeted in the department from the General Fund for FY 26. Attachments: 1. 9406-B College Station Police Department Spartan GSA Page 293 of 346 Print Date: 10/10/2025 Per -a -ten I REMOTEC REV: D QUOTE Domestic REMOTEC Reference No. 9406-B FROM: Peraton, Remotec, Inc. Date: 10-8-2025 353 JD Yarnell Industrial Parkway Clinton, TN 37716 Terms: Net 30 Days Attn: Brad Callahan - bradley.callahan@peraton.com Phone: (865) 621-0391 Fax: (865) 483-1426 Delivery: Subject to Receipt of Order (Estimated to be 240 days TO: College Station Police Department after acceptance of order) Commander Tucker Payne GSA Schedule # 832 405 0069 47QSWA23D000C cpayne©cstx.gov [This pricing valid for 90 days._ ITEM DESCRIPTION PART NO. QTY. UNIT PRICE TOTAL PRICE 1 ANDROS Spartan Vehicle Assembly Includes: 2463-0100 1 $ 235,903 $ 235,903 - Position Feedback with User Presets - Cameras - Surveillance color camera with white light and IR LED's and Pan / Tilt (Continous pan) - Gripper palm camera - Front and rear drive cameras - Color arm camera - Accessory Interface Mount (includes adapter for legacy accessories) - Vehicle Battery Pack includes 9 BB2590 Batteries - Tool Kit - Pnuematic Wheel Kit 1 One Operation/Maintenance Manual (CD-ROM) (Included in Item 1) 1 6 Bay BB2590 Battery Charger Assembly (2 Included in Item 1) 2 2 Days Operator/Maintenance Training at REMOTEC (maximum class size is 6 people) (Included in Item 1) See Note (2) 1 2 Days Operator/Maintenance Training at Customer Facility See Note (3) CHGR-035 TRAINING-001 TRAINING-001 Get Separate Quote CONTROL SYSTEM System requires OCU plus at least one Data Link for operation 2 Operator Control Unit Includes: 2463-8700-X $ - Ruggedized Laptop with Touchscreen - Docking Station - 2 BB2590 Battery - Pelican Case 3 Andros Controller (Remotec Xbox) 4 Andros Switchbox BATTERY-BR-BB2590 2470-8080 2463-8150 20,418 I$ 3,262 9,696 Page 294 of 346 5 6 DATA LINK OPTIONS Radio Control Assembly, (Includes case) (Requires video frequency prior to production) Fiber Optic Cable Reel Assembly (1200 ft.) (Includes case) C2455-8330 Case for Fiber CASE-004 7 Fiber Optic Integration Hardware 8 Spare Spool of Fiber Optic Cable (1200 ft.) D7050-8323 AUDIO/VIDEO OPTIONS 9 Camera Pan/Tilt Assembly (Can Be Used On 2463-5000 Arm) 10 Camera Sighting Kit Assembly 2470-3825 11 Laser Assembly 2471-5172 12 Laser Filter Assembly C7055-3830 13 Gripper Held Search Camera B3875-5130 14 Thermal Imager Kit 2463-5375 High Intensity Light Assembly (includes battery & 15 charger) 2470-3845 16 24" Touch LED Monitor 17 Receiver Grip Assy. (Gripper Block) X-Ray Assembly (fits Golden X-Ray Systems) Works with drum & "bread -maker" style film Contamination Smear Assembly (For swab sampling) 20 Dual Pan Disrupter Mount Assembly 21 PAN Disrupter 22 PAN Disrupter Kit With Aluminum Stand 23 PAN Disrupter, T3, Titanium 24 PAN Disrupter Electric Breech Dual Disrupter Mount Assembly (for Royal Arms or Neutrex 29mm/20mm - Please Specify) 26 Shock Tube Initiator, Two Channel 27 Shock Tube Initiator, Four Channel 28 37mm and 40 mm Breacher Mount Assembly 29 Breacher, GL6, 40 mm, rifled barrel Breacher, GL65, 40 mm, rifled barrel (long cartridge) 31 Breacher-L6-37mm, smooth bore 18 19 25 30 32 Breacher-L8-37mm, smooth bore (long cartridge) 33 BR-SL65-37mm (Sage or Arwen Ammo only) 34 Electric Breach T3 Disrupter 35 Picatinny Rail Claw Assembly 36 Picatinny Rail Cable Cutter Assembly 37 Circular Saw Assembly (Battery included) 38 Reciprocating Saw Assembly (Battery included) 39 Drill Assembly (Battery included) 40 Charge Dropper 41 BLOCK ACCESSORY TOOL SYSTEM 42 Ideal Mini Gander 43 Power Hawk Assembly Includes the following: 2463-8480-X MONITOR-15 TOOLS B2461-5850 2470-3807 C7045-7600 2470-5220 DISRUPTER-003** DISRUPTER-004-A" DISRUPTER-005** BRCH-ELEC-KIT-PAN 2470-6130 INIT-2CH-FX INIT-4CH-FX E7055-6090 BR-GL6-40MM** BR-GL65-40MM** BR-L6-37MM** BR-L8-37MM** BR-SL65-37MM** BREACH-ELECT-T3 D7045-2726 C7040-7030 7057-7070-1 7057-7080-1 7057-7040-1 2470-3830 BATS3-REM-ANDROS MINIGANDER 2471-7500 $ 50,468 26,178 1 $ 15,908 1 $ 971 2 $ 505 $ 953 $ 2,512 $ 6,994 1 $ 1,707 $ 1,191 $ 257 $ 1,896 15,908 971 1,010 $ 1,187 $ 1 $ 1,224 $ $ 4,150 $ 7,092 $ 5,443 $ 4,437 2,059 2,416 3,429 3,883 6,194 $ 5,922 $ 4,877 5,026 3,457 3,817 1,862 510 2,170 $ 2,170 $ 2,512 $ 1,035 $ 9,112 $ 7,779 $ 50,433 1,896 1,224 3,429 Page 295 of 346 44 45 - Power Hawk Unit - Power Hawk Kit - Case For Power Hawk Drawbar Package (Does NOT include receiver hitch) Ideal Electric release HEADD Hitch ( Requires Drawbar Package) 46 Receiver Hitch Kit 47 Water Disrupter Deployer Kit 48 Kinova Remote Robotic Manipulator 49 Kinova Integration Kit 50 Spare Parts Kit (per robot) 51 Spare BB2590 Batteries for vehicle and OCU 52 Spartan Arm and Chassis Service Kit 53 Second Year Extended Warranty Contract 54 Third Year Extended Warranty Contract 55 Fourth Year Extended Warranty Contract 56 Fifth Year Extended Warranty Contract 57 Sixth Year Extended Warranty Contract Five Years of Extended Warranty (Years 2 through 6) Subtotal Subtotal (Total From Misc. Items) (See attachment if greater than 0) NG & FREIGHT 59 Customer Pick-up 60 Packaging in Reusable Shipping Crate 61 Ship Items Shipping & Handling Subtotal Other charges/discounts 58 POWERHAWK-004 CASE-024 C2461-7590 HITCH-001 2455-7580 C2461-7585 KRX52 2461-2500 2463-0164 BATTERY-BR-BB2590 2463-0153 MAINTENANCE-001 MAINTENANCE-001 MAINTENANCE-002 MAINTENANCE-002 MAINTENANCE-003 MAINTENANCE-005 842 2,219 572 2,227 66,341 3,758 32,797 808 1,138 5,925 5,925 7,587 7,587 8,667 30,181 $ $ $ 572 $ $ $ $ $ 8,888 $ 1,138 $ $ $ $ $ $ 270,939 64,199 CRATE-006 FREIGHT 1 $ 1,717 $ $ 1,216 $ $ $ TOTAL Sale Price $ 335,138 ** This item requires the customer to obtain the required ATF/FCC Licensing, which may result in product and/or delivery delays. Remotec is not responsible for any delays including delivery as a result of any ATF or FCC licensing requirement 1.) Prices are based upon acceptance of Remotec's Terms and Conditions (attached). Any deviation from these conditions may result in a price increase 2.) Pricing does not include any taxes, fees, or other related items unless specifically called out. 3.) Customer is responsible for all import and export taxes from origin to destination NOTE: Acceptance of order may be delayed with negotiating terms and conditions, acquiring customer order details, acquiring radio frequencies, and resolving any other unforeseen issues which may require resolution prior to scheduling the production of items ordered. Business Management Approval Contracts Approval Page 296 of 346 Pert tciri I REMOTEC INC. - DOMESTIC REMOTEC Reference No. 9406-B FROM: Peraton, Remotec, Inc. Date: 10/8/2025 353 JD Yarnell Industrial Parkway Clinton, TN 37716 Terms: Net 30 Days Attn: Brad Callahan - bradley.callahan@peraton.com Phone: (865) 621-0391 Prices are F.O.B. Origin Fax: (865) 483-1426 Clinton, TN TO: College Station Police Department Commander Tucker Payne 832 405 0069 cpayne@cstx.gov ITEM DESCRIPTION 1 Spartan PS MPU5 Radio Assembly S-Band (Set of 2 and includes integration kit) 2 Operator Control Unit Includes: - Ruggedized Laptop with Touchscreen - Docking Station -2 BB2590 Battery -Pelican Case Delivery: 240 days or less After Acceptance of Order (For Multi -Vehicle Orders Check With Sales Dept.) This pricing is valid for 90 days. PART NO. QTY. UNIT PRICE TOTAL PRICE 2470-8800-21 1 $ 46,664.00 $ 46,664.00 2463-8700-X 1 $ 17,535.00 $ 17,535.00 BATTERY-BR-BB2590 $ $ $ $ $ $ $ TOTAL COST $ 64,199.00 (1) Prices listed are for sales in U.S.A. only. Export prices are available upon request. (2) Additional pricing available upon request for off -site training at customer's facility. (3) Please see REMOTEC's terms and conditions for details on our 1 year limited warranty. Extended Service contracts are available. Please see the Extended Service Tab for details of coverage. (4) Prices are based upon acceptance of REMOTEC's Terms and Conditions (attached). Any deviation from these conditions may result in a price increase. (5) Remotec reserves the right to substitute the latest production part for items purchased. This may be equal or sustantially better than the part shown as ordered. (6) Training included in Robotic unit purchases expire if unused one year from delivery date of the Robotic unit. (7) Multiunit sales will earn training classes based on the formula of one free class for every five units purchased ( rounded up) NOTE: "Acceptance of order may be delayed while negotiating terms and conditions, acquiring customer order details, acquiring radio frequencies, and resolving any other unforeseen issues which may require resolution prior to scheduling the production of items ordered. Page 4 Page 297 of 346 DOMESTIC SALES TERMS AND CONDITIONS A. DEFINITIONS "Seller" means REMOTEC, Inc. "Buyer" means the other party to this agreement that is purchasing the goods subject to these terms and conditions. B. ACCEPTANCE/AGREEMENT All orders are subject to factory acceptance. Additional or different terms or any attempt by the Buyer to vary, in any degree, any of the terms of this sales agreement form shall be deemed material and are objected to or rejected, but this sales agreement form shall not operate as a rejection of the Buyer's offer unless it contains variances in the terms of the description, quantity, price or delivery schedule of the goods. C. LIMITED WARRANTY Seller covenants and agrees that the work and equipment delivered under this order shall be free from defects in material and workmanship at the time of delivery. Whenever Seller is acting as a reseller of the products of another manufacturer, Seller provides this warranty solely as a "pass -through" warranty on behalf of the original equipment manufacturer (OEM). Seller will, at its sole options, repair, correct, or replace (or facilitate such repair, correction or replacement by the OEM), F.O.B. point of manufacture, any such work or equipment which proves to be defective, provided that Seller is given written notice of any such defect no later than one (1) year after being shipped (as hereafter defined) by Seller. Seller will conduct the defect investigation of the work and/or equipment at the installation site and repair, correct or replace the defective item at such site or at its designated facility. Repair correction or replacement in the manner provided above shall constitute complete fulfillment of all Seller's obligations under this assurance. Such assurance shall not apply to design or to any equipment or parts which have been subjected to accident, misuse or unauthorized alteration, to normal wear (which includes components with innately limited life), or to defects caused by not complying with Seller's installation and service requirements (if the failed equipment or parts were not installed by Seller). This assurance shall apply to and include the correction of Technical Data pertinent to defective work and equipment to the extent -delineated hereinabove, but in no event to include computer software. The product may contain reconditioned material. Reconditioned material meets or exceeds all required specifications and is fully covered under the product warranty. If the repair, correction or replacement of work, or equipment is not within the scope of this clause, then Seller shall require a separate purchase order from the Buyer perform the work. The warranty provided by Seller herein is exclusively limited to the products manufactured by Seller, specifically the REMOTEC® ANDROS Robot. Warranties, if any, associated with all other products are exclusively and expressly limited to those warranties provided by the manufacturers of such products which are by their terms available to Seller's customers. The installation or use of any third -party accessory, assembly, radio and or tool not tested and approved by Seller's for use on Seller products will cause the warranty on the Seller's products to be voided. THE FOREGOING COVENANTS ARE EXCLUSIVE AND ARE IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS, STATUTORY OR IMPLIED. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. D. CANCELLATION/TERMINATION Contract may be terminated at any time by either Party by providing a 90-day written notice of termination. As such, the Contract shall terminate with no further financial obligation of the Customer with respect to payment of obligation due after 90 days from the date of such notice. E. PROPRIETARY INFORMATION All drawings, diagrams, specifications, and other materials furnished by Seller and identified as proprietary, relating to the use and service of articles furnished hereunder and the information therein, are proprietary to Seller (or in cases where Seller is acting as a reseller, such information is proprietary to the OEM). Buyer may not reproduce or distribute such materials except to Buyer's employees who may use the articles as part of their duties. Seller will treat drawings, specifications, or data furnished by Buyer in connection with this order as proprietary, when identified as such, in connection with this purchase. All information is subject to the Texas Public Information Act F. DELIVERY/ACCEPTANCE The promised delivery date is the best estimate possible based upon current and anticipated manufacturing capabilities of when the product will be shipped. Seller assumes no liability for loss, damage, or consequential damages due to delay. Acceptance shall take place, and title shall pass to Buyer, at Seller's loading dock, Clinton, Tennessee, 37716. G. CLAIMS/NOTICE OF DEFECTS Failure of the Buyer to object in writing to any merchandise within 30 days after receipt thereof will constitute complete acceptance by Buyer of such merchandise. Rejected material must be returned to Seller, F.O.B. Origin, within 45 days after receipt and with prior authorization from Seller. Seller may (at its option) recondition or replace the rejected material to meet Buyer's specifications within a reasonable time period after receipt. Claims for shipping damage must be made with the carrier. H. FORCE MAJEURE Fulfillment of this order is contingent upon the availability of materials. Seller shall not be liable for any delay in delivery or for non -delivery in whole or in part caused by the occurrence of any contingency beyond the control of either Seller or suppliers to Seller including but not limited to war, sabotage, acts of civil disobedience, failure or delay in transportation, act of any Government or agency or subdivision thereof, judicial action, labor dispute, fire, accident, explosion, epidemic, quarantine, restrictions, storm, flood, earthquake, acts of God, shortage of labor, fuel, raw material or machinery, or technical failure where Seller has exercised ordinary care in the prevention thereof. REV 13 5/13/2025 Page 298 of 346 DOMESTIC SALES TERMS AND CONDITIONS I. PAYMENT TERMS Domestic: Buyer will pay Seller's invoice within 30 days after receipt and acceptance of the merchandise, materials and work according to the Texas Prompt Payment Act. Seller reserves the right to assess late charges on US accounts due past 30 days at the rate of 18% per annum except to the extent restricted by applicable law. If at Buyer's request or to meet Buyer's requirements, training is scheduled to occur more than 30 days after vehicle/product completion, Seller may, at its discretion, charge Buyer a storage fee of $50.00 per month per vehicle, or $50.00 per month per other end item, and assess late charges in accordance with those terms as stipulated herein. J. REMEDIES IN THE EVENT OF CANCELLATION OR DEFAULT In the event the Buyer cancels this order, or becomes overdue on its account payable to Seller by failing to pay for this order when due in accordance with the terms hereof, in addition to the charges assessed to the Buyer pursuant to Paragraphs D and I of this Agreement, the Buyer shall be required to pay all costs of collection, including, whether suit be brought or not, attorney fees, court costs, collection expenses, and other expenses which Seller may incur or pay in the prosecution of defense of its rights hereunder, whether in judicial proceedings at law or in equity, including bankruptcy court and appellate proceedings, or whether out of court. K. GENERAL PROVISIONS Any cause of action arising from this agreement, or breach of it, must be commenced after the cause of action occurs within the statute of limitations period allowed under applicable law. Seller reserves the right to correct any stenographical or clerical errors in any of the writings issued by it. The terms and conditions of sale and any description on the face of Seller's writings constitute a complete and exclusive statement of the terms and conditions of the sale of the goods by Seller to Buyer. Buyer may not assign any rights to, or delegate any performance owed under the agreement without the written consent of Seller, which shall not be unreasonable withheld. L. LIMITATION OF LIABILITY Notwithstanding any contrary provision contained in this or any other agreement, Seller shall not be responsible to Buyer n contract or tort (including negligence) or otherwise for any indirect, incidental, special or consequential damages of whatsoever nature, or for attorney's fees, loss of use, loss of market share, or lost profits however these are characterized. Seller shall not be liable to Buyer for an amount, which in combination with all claims by Buyer against Seller under this agreement exceeds the value of this sales agreement. In any event, the liability of Seller to Buyer, whether in contract, tort (including negligence) or under any warranty, or otherwise, is exclusively limited to the remedies expressly provided under the terms of this agreement, in lieu of any and all other remedies at law or in equity For avoidance of doubt, the limitations of liability set forth in Section L shall not apply to each Party's respective obligations to assume responsibility for its own negligent or intentional acts or omissions as set forth in Section R; provided, however, that the Seller's total liability to the Government shall remain subject to the monetary limitations expressly stated in Section L. M. COMPLIANCE WITH LAW Buyer agrees to comply with all applicable U.S. Government, state, and local statutes, laws, and regulations, including without limitation the Arms Export Control Act, Foreign Corrupt Practices Act, Federal Aviation Administration (FAA) regulations on the use and operation of Unmanned Aircraft Systems (UASs), and all applicable export regulations, and hereby agrees to indemnify and hold harmless Seller from any and all liability, loss, or damage caused by Buyers' violation of any such statutes, laws, or regulations. N. INDEPENDENT CONTRACTOR Under the provisions of this Agreement, the parties shall act solely as independent contractors, and nothing contained herein, express or implies, shall at any time be construed to create any other relationship. O. APPLICABLE LAW This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas., P. SHIPPING POINT All goods are shipped FOB Clinton, Tennessee 37716, United States of America. Q. BUYER'S RESPONSIBLITIES Buyer agrees to comply with all applicable U.S. Government, state, and local statutes, laws, and regulations, including without limitation the Arms Export Control Act, Foreign Corrupt Practices Act, Federal Aviation Administration (FAA) regulations on the use and operation of Unmanned Aircraft Systems (UASs), and all applicable export regulations, and hereby agrees to indemnify and hold harmless Seller from any and all liability, loss, or damage caused by Buyers' violation of any such statutes, laws, or regulations. Buyer shall be solely responsible for the proper training of personnel, use of all products and shall properly train its operators in the safe use of all products. Seller will not be liable for any damages and improper training of the product, and Buyer hereby agrees to indemnify, defend, and hold harmless Seller from any and all claims, liability, loss, or damage, resulting from the use of any item purchased by Buyer, its officers, directors, employees, subcontractors, agents or any third party. Should the Agency want to liquidate the asset, Buyer will work with the Seller to remove proprietary and ITAR/EAR controlled items. REV 13 5/13/2025 Page 299 of 346 DOMESTIC SALES TERMS AND CONDITIONS Buyer may not resell items purchased from Remotec, nor may it pledge any such items as collateral to secure a third -party loan or other financing, without Seller's prior written consent. R. INSURANCE AND INDEMNIFICATION FOR USE Each Party shall be responsible for and bear the costs of all claims including third party claims, liabilities, losses or damages, arising from their respective negligent or intentional acts or omissions under the Order or use of product(s) delivered under the Order. Buyer is a self -insured government organization. S. EXPORT The Buyer shall not re-export or transfer any export -controlled goods or information (e.g. technical data) from the United States ("U.S.") to any non-U.S. person, country, government, or entity without first complying with all the requirements of the ITAR or EAR, as applicable. Any Party requesting U.S. Government authorization to export export -controlled information provided by the other Party under this agreement must first obtain the disclosing Party's written consent. Written consent by the disclosing Party, however, shall not relieve the other Party of its obligations to comply with U.S. export control laws and regulations. T. TITLE AND RISK OF LOSS Title to all equipment provided hereunder shall pass to Customer upon payment of all amounts due PERATON under this Agreement. Risk of loss shall be borne by PERATON until delivery to the Customer's site. Customer shall pay any personal property taxes, which may be assessed on the equipment beginning at the time of purchase. U. TAXES AND DUTIES Buyer is a tax-exempt government organization. Unless otherwise specified, Buyer is responsible for any applicable federal, state, and local taxes, duties, tariffs, and similar fees imposed by any government. REV 13 5/13/2025 Page 300 of 346 November 24, 2025 Item No. 8.1. 2024 GBP Incentive Compliance Sponsor: Brian Piscacek, Assistant Director - Economic Development Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding the 2024 Incentive Compliance Report by the Greater Brazos Partnership. Relationship to Strategic Goals: • Good Governance • Diverse & Growing Economy Recommendation(s): Staff recommends that Council receive and accept the compliance report. Summary: This item is the annual presentation on project compliance from the Greater Brazos Partnership (GBP). GBP staff, along with representatives of Ryan, LLC, a Texas -based tax services and consulting firm, will be present to provide the report. Budget & Financial Summary: N/A Attachments: None Page 301 of 346 November 24, 2025 Item No. 8.2. Family Definition and Shared Housing Sponsor: Anthony Armstrong, Director of Planning and Development Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the Family Definition and Shared Housing. Relationship to Strategic Goals: Recommendation(s): Summary: Council adopted a change to the City's Unified Development Ordinance (UDO) related to how the UDO defined "family". This change was in response to Senate Bill 1567 and it's restrictions on the mention of familiar status in any ordinance by the City of College Station. At the conclusion of the same meeting on Septmeber 11 th, 2025, council asked for a future agenda item in response to citizen concern regarding the definition changes proposed. Along with the changes to the definition of family, the definition of "Shared Housing" has also been unenforceable since September 1 of this year due to SB 1567. Like the definition of family, Shared Housing currently includes a direct mention to familiar status. This item is to discuss any changes to the new definition of "family" and to discuss what changes Council may like to see made to Shared Housing so that it can be enforced. Budget & Financial Summary: Attachments: None Page 302 of 346 November 24, 2025 Item No. 8.3. Drainage Update Presentation Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on an update on drainage. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): N/A Summary: N/A Budget & Financial Summary: N/A Attachments: None Page 303 of 346 November 24, 2025 Item No. 8.4. Recommendations of the Housing Plan Advisory Committee Sponsor: David Brower Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding recommendations of the Housing Plan Advisory Committee to implement the Housing Action Plan. Relationship to Strategic Goals: Good Governance, Core Services & Infrastructure, Neighborhood Integrity, Diverse & Growing Economy Recommendation(s): Provide direction on how to proceed with plan implementation. Summary: Council adopted the Housing Action Plan as an amendment to the Comprehensive Plan at their September 26, 2024 meeting. 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 www.cstx.gov/housingplan. The Housing Plan Advisory Committee was created to provide guidance, support, advice, and recommendations in the execution of the Housing Action Plan. The Committee —composed of seven City Council —appointed citizen volunteers —has met regularly since April 2025 to review existing conditions, prioritize action items, and develop recommendations for implementing top -ranked strategies. Initial recommendations of the Housing Plan Advisory Committee are as follows: Recommendation 1: • Proactively rezone priority areas for townhome and middle housing options specifically to encourage homeownership • Set limits that enable growth toward target development goals • Prioritize rezonings near key activity centers and corridors • Direct growth where infrastructure can adequately serve it Recommendation 2: • Reduce or waive fees based on how much of the development is dedicated to affordable housing o Define affordable housing as units rented or sold at below -market rate and restricted to low -and moderate -income households Page 304 of 346 Recommendation 3: • Investigate a tiered system for fees, reduce or waive fees for smaller square footage to incentivize new / future development. o Investigate impact on the budget from reduced or waived fees — what would the offset from new development be? How much new development would offset not having impact fees? Budget & Financial Summary: Attachments: None Page 305 of 346 November 24, 2025 Item No. 9.1. Barracks West Phase 3 Sponsor: Jeff Howell, Senior Planner 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 boundaries from GC General Commercial to T Townhouse for approximately 0.0175 acres generally located east of the intersection of Holleman Drive South and Cain Road. Relationship to Strategic Goals: Diverse and Growing Economy Recommendation(s): This item was heard at the November 6th Planning and Zoning Commission meeting where the Commission voted 6-0 to recommend approval. Summary: This request is to rezone approximately 0.0175 acres of land generally located east of the intersection of Holleman Drive South and Cain Road from GC General Commercial to T Townhouse. The tract proposed to be rezoned consists of an un-platted property and a portion of common area which was platted in October 2024 as part of Barracks West Phase 1 subdivision. The property was recently rezoned to GC General Commercial in 2025, however this request is to provide a correction and extend the townhouse zoning by about 7 feet to allow for consistent standards for the proposed townhouse development. This zoning request is in effort to provide additional housing and residential density to this area. The applicant is requesting the zoning district change to allow for a proposed townhome development which would not be allowed on properties zoned GC General Commercial and meet the zoning setbacks as required by the district. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject tract was previously 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. The zoning districts that are generally appropriate within the Mixed Residential land use include: Page 306 of 346 Middle Housing, Duplex, Townhouse, and limited -scale single-family zoning. The subject tract is now designated as General Commercial on the Comprehensive Plan Future Land Use & Character Map. For the General Commercial land use, the Comprehensive Plan provides the following: Areas 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 intent of the General Commercial land use is to accommodate a commercial uses, concentrate development at major intersections, and encourage shared surface parking. The zoning districts that are generally appropriate within the General Commercial land use include: General commercial, office, and mixed -use zoning. The Comprehensive Plan serves as a guide to achieve the community's vision for the future. It anticipates and guides physical development in a manner that provides College Station with a balance of land uses that promote economic development while retaining the quality of life. The future land use designations are generally flexible and are not tied to a specific boundary as compared to the zoning district. This is also more apparent as the property has not been subdivided or there are no natural features dictating the boundary (i.e. floodplain). The proposed rezoning request to T Townhouse is consistent with the Comprehensive Plan as the request will be providing a development with permitted uses allowed by the zoning district. 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 and Three Bear Drive to the south. The area to the east and 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. 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 to the area. 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 with the additional area proposed to be rezoned, and 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 Three Bears Drive. Holleman Drive South is identified as a Minor Arterial on the Thoroughfare Page 307 of 346 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 strip of General Commercial has no independent marketability for commercial use. It functions only as part of the townhouse project, making Townhouse zoning the practical and marketable option. Budget & Financial Summary: N/A Attachments: 1. Barracks_Ordinance 2. Aerial and Small Area Map 3. Rezoning Exhibit 4. Background Information 5. Applicants Supporting Information 6. Existing Future Land Use Map 7. Rezoning Map Page 308 of 346 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 4 "ZONING DISTRICTS," SECTION 4.2, "OFFICIAL ZONING MAP" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM GC GENERAL COMMERCIAL TO T TOWNHOUSE FOR APPROXIMATELY 0.0175 ACRES GENERALLY LOCATED EAST OF THE INTERSECTION OF HOLLEMAN DRIVE SOUTH AND CAIN ROAD AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts," Section 4.2 "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" and Exhibit "B" attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 08-27-19 Page 309 of 346 ORDINANCE NO. Page 2 of 4 PASSED, ADOPTED, and APPROVED this day of , 20. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Ordinance Form 08-27-19 Page 310 of 346 ORDINANCE NO. Page 3 of 4 Exhibit A That Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from GC General Commercial to T Townhouse: FIELD NOTES 0.0175 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 3.252 acre tract described in the deed from Mark Golden to CM Delta Ridge LLC recorded in Volume 19345, Page 200 of the Official Public Records of Brazos County, Texas (0 P.R.B C.), said tract also being part of the called 0.072 acre Common Area B, BARRACKS WEST SUBDIVISION, PHASE 1 according to the Final Plat recorded in Volume 19506, Page 128 (O.P.R.B.C.) and being more particularly described by metes and bounds as follows. COMMENCING: at a found 5/8-inch iron rod marking the south corner of the called 3.252 acre CM Delta Ridge LLC tract, said iron rod also marking the common west corner of Three Bears Drive and the said BARRACKS WEST SUBDIVISION, PHASE 1 and being in the easterly right-of-way line of Holleman Drive South (based on a variable width right-of-way); THENCE N 44° 50' 64" E into and through the called 0 072 acre Common Area B for a distance of 217.50 feet to a point for the south corner of this tract, said point also being in the northwest right-of- way line of said Three Bears Drive and the POINT OF BEGINNING; THENCE: into and through the called 0.072 acre Common Area B and into the interior of the called 3.252 acre CM Delta Ridge LLC tract for the following three (3) calls: 1) N 47° 45' 43'T W for a distance of 109.33 feet to the west corner of this tract, from whence a found 1/2-inch iron rod marking the west corner of the called 3.252 acre CM Delta Ridge LLC tract bears N 77° 18' 48" W at a distance of 185.61 feet for reference, 2) N 42° 14' 17" E for a distance of 6.99 feet to the north corner of this herein described tract, from whence a found 1/2-inch iron rod marking the north corner of the called 3.252 acre CM Delta Ridge LLC tract bears N 19° 19' 21" E at a distance of 414 61 feet for reference and 3) S 47° 45' 43" E for a distance of 109 32 feet to the east corner of this tract, said point also being in the northwest right-of-way line of said Three Bears Drive; THENCE: S 42° 07' 49" W along the northwest right-of-way fine of said Three Bears Drive for a distance of 6 99 feet to the POINT OF BEGINNING and containing 0 0175 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 August 21, 2025. Ordinance Form 08-27-19 Page 311 of 346 ORDINANCE NO. Page 4 of 4 Exhibit B Ordinance Form 08-27-19 Page 312 of 346 4*/� City of College Station 0 NORTH 70 140 Feet i BARRACKS WEST PHASE 3 REZONING i Case: REZ2025-000023 REZONING . ... y., ..... ., . - .. 4*/� City of College Station OVG �0P QPo AS PALOMAS MH ZONING DISTRICTS (In Grayscale) Residential MH R Rural MF WE Wellborn Estate MU E Estate MHP WRS Wellborn Restricted Suburban RS Restricted Suburban GS General Suburban D Duplex T Townhome 0 NORTH R Middle Housing Multi -Family Mixed -Use Manufactured Home Pk. 85 170 Feet Non -Residential NAP 0 SC WC GC CI BP BPI C—U Natural Area Protected Office Suburban Commercial Wellborn Commercial General Commercial Commercial Industrial Business Park Business Park Industrial College and University • T BARRACKS WEST PH2 Planned Districts P-MUD Planned Mixed -Use Dist. PDD Planned Develop. Dist. Design Districts WPC Wolf Pen Creek Dev. Cor. NG-1 Core Northgate NG-2 Transitional Northgate NG-3 Residential Northgate BARRACKS WEST PHASE 3 REZONING • BARRACKS WEST PH1 Overlay Districts OV Corridor Ovr. RDD Redevelopment District NPO Nbrhd. Prevailing Ovr. NCO Nbrhd. Conservation Ovr. HP Historic Preservation Ovr. Case: REZ2025-000023 T MH GERMAN ACRES BARR`- PH T T 200FT Notification Retired Districts R-1B Single Family Residential R-4 Multi -Family R-6 High Density Multi -Family C-3 Light Commercial RD Research and Dev. M-1 Light Industrial M-2 Heavy Industrial REZONING v 4 3 2 1 N/F LAS PALOMAS SUBDIVISION 7367/53 ZONED: MIDDLE HOUSING — MH HIGH OCCUPANCY OVERLAY — HOO N/F BCS MISSION RANCH TOWNHOMES LP CALLED 10.43 ACRES 14791 / 155 ZONED: PDD LEGAL DESCRIPTION OF 0.0175 ACRE TRACT: / / / 12' EE (19054/144) CM DELTA RIDGE LLC- 19569/102 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 3.252 ACRE TRACT DESCRIBED IN THE DEED FROM MARK GOLDEN TO CM DELTA RIDGE LLC RECORDED IN VOLUME 19345, PAGE 200 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (O.P.R.B.C.), SAID TRACT ALSO BEING PART OF THE CALLED 0.072 ACRE COMMON AREA B, BARRACKS WEST SUBDIVISION, PHASE 1 ACCORDING TO THE FINAL PLAT RECORDED IN VOLUME 19506, PAGE 128 (O.P.R.B.C.). NOTE: 0.002 ACRES OF THE REZONING ARE WITHIN COMMON AREA B, BARRACKS WEST SUBDIVISION, PHASE 1. 15 LINE # L1 L2 CD LINE TABLE LENGTH 6.99' 6.99' DIRECTION S42° 07' 49"W N42° 14' 17"E / 10' E.E. (6393/43 & 6393/53) l _J 20' E.E. (6393/43 & 6393/53) N/F CM DELTA RIDGE LLC CALLED 1.979 ACRES 19345/200 ZONED: TOWNHOUSE — T 8c GENERAL COMMERCIAL — GC L2 EXISTING ZONING: - GENERAL COMMERCIAL PROPOSED ZONING: TOWNHOUSE 0.0175 ACRES COMMON AREA B IN]WEAVd N47 45' 43'W -109.33' POINT OF �rt1 BEGINNING THREE BEARS DRIVE 50' ROW - 27' PAVEMENT 12 J1 0,� cP 2 F ('' 0°9 BARRACKS WEST N�oo°� SUBDIVISION PHASE 1 cp BARRACKS WEST SUBDIVISION PHASE 2 (19632/36) ZONED: TOWNHOUSE — T 14 LEGEND ZONING CHANGE BOUNDARY 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.) BOUNDARY CORNER (19506/128) N/F UNIVERSITY ACRES LLC CALLED 19.575 ACRES 12870/261 ZONED: RURAL — R CAIN ROAD 21' PAVEMENT ROW BY PRESCRIPTION 01 0 ZONED: TOWNHOUSE — T� 12 11 IN1A0AVd ,LZ HAM" NVIGON EXISTING ZONING RURAL TOWNHOUSE MIDDLE HOUSING PLANNED DEVELOPMENT DISTRICT GENERAL COMMERCIAL PROPOSED ZONING TOWNHOUSE 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 TRACT DOES NOT APPEAR TO BE UNDER THE 100 YEAR FLOOD PLAIN, AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ON COMMUNITY PANEL NO.48041C0310F EFFECTIVE DATE, APRIL 2, 2014. 3. ALL EXISTING STRUCTURES WILL BE DEMOLISHED. N/F CM DELTA RIDGE LLC CALLED 1.476 ACRES 19345/200 ZONED: TOWNHOUSE — T 7 20' PUE 5' W.E. (1350/144) VARIABLE WIDTH PUE-- (13727/292) COMMON AREA A AND Pr.D.E. VICINITY MAP (IIII1III 11 (1 III' i1'1'IIII) 1 IIIII I f II 7 PALOMA R DGE DRIVE C IIIII I III NOT TO SCALE PROJECT LOCATION CAIN ROAD y�13Af3Y t�E�A_1;1)KIUE IJIIII 1 ;7IIIIIIIII b�IIJI11 .111111111?: IIIII 111 F11111111) (111111111= (11111111111111111) (11111111111111111) 1111111111111111111 OLD 1RONSIDES DRIVE IIIIMM1111111111111) l 1111 111111 11 IIIIIIIIII 1 1 2 3 4 U 30 15 0 30 SCALE IN FEET N/F THE BARRACKS II SUBDIVISIO\ PHASE 112 13727/292 ZONED: MIDDLE HOUSING — MH, HIGH OCCUPANCY OVERLAY — HOO 7 / REZONING EXHIBIT THE BARRACKS WEST SUBDIVISION PHASE 3 0.0175 ACRES EXISTING ZONING - GENERAL COMMERCIAL PROPOSED ZONING - TOWNHOUSE COLLEGE STATION, BRAZOS COUNTY, TEXAS OWNER/DEVELOPER: CM Delta Ridge LLC PO BOX 12236 College Station, TX 77842 (936) 545-6050 SCALE: 1 "=30' OCTOBER 2025 SURVEYOR: McClure & Browne Engineering/Surveying, Inc. 1008 Woodcreek Dr., Suite 103 College Station, TX 77845 (979) 693-3838 ENGINEER: ScnwEz Engineering. LLC TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 ... (979) 764-3900 0 4 Q 1 0 Page 315 of 346 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: Advertised Council Hearing Date: November 6, 2025 November 24, 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: 4 Contacts in support: Contacts in opposition: Inquiry contacts: None at the time of this report None at the time of this report None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Mixed Residential T Townhouse Vacant South Mixed Residential T Townhouse Vacant, Three Bears Drive (local street) East Mixed Residential T Townhouse Vacant West General Commercial GC General Commercial Vacant DEVELOPMENT HISTORY Annexed: November 2002 Zoning: A-O Agricultural -Open (upon annexation 2002) A-O Agricultural -Open renamed to R Rural (2013) 0.002 acre property from R Rural to T Townhouse (2023) R Rural and T Townhouse to GC General Commercial (2025) Final Plat: Unplatted 0.002 acre property: platted as Common Area B (Barracks West Phase 1 - recorded 10/31/2024) Site Development: Single-family detached, Vacant Page 316 of 346 _` CITY OF COLLEGE STATION Home ofTexas A&M Unavernty` Name of Project: REZONING APPLICATION SUPPORTING INFORMATION BARRACKS WEST PHASE 3 REZONING FROM GC to T (0.01 acres) (REZ2025- 000023) Address: 3423 CAIN RD Legal Description: A000701, CRAWFORD BURNETT (ICL), TRACT 43, 1.979 ACRES Total Acreage: 0.0175 Applicant:: SCHULTZ ENGINEERING 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. Final townhouse design and lotting revealed the need for an extra —6 feet to properly align buildings and setbacks. This small adjustment shifts 0.0175 acres from General Commercial into Townhouse, correcting the zoning boundary to match the development already underway and surrounding townhouse uses. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. 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 tract is already part of an active townhouse subdivision. Extending the Townhouse zoning by 6 feet allows consistent lot width, building placement, and utility layout, making the property fully suitable for townhouse use. Page 1 of 2 Page 317 of 346 Explain the suitability of the property for uses permitted by the rezoning district requested. The rezoning is an extension of existing zoning Explain the suitability of the property for uses permitted by the current zoning district. The rezoning is an extension of existing zoning Explain the marketability of the property for uses permitted by the current zoning district. At only 0.0175 acres, the strip of General Commercial has no independent marketability for commercial use. It functions only as part of the townhouse project, making Townhouse zoning the practical and marketable option. List any other reasons to support this zone change. The change is a technical correction that improves clarity without increasing density or altering impacts. Page 2 of 2 Page 318 of 346 November 24, 2025 Item No. 9.2. Unified Development Ordinance Amendment - Concept Plans (P-MUD and PDD Districts) Sponsor: Jeff Howell, Senior Planner 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 3 "Development Review Procedures", Section 3.5 "Concept Plans (P-MUD and PDD Districts)" of the Code of Ordinances of the City of College Station, Texas, by amending certain sections relating to requirements, concept plans, and community benefits for PDD Planned Development Districts. Relationship to Strategic Goals: Good Governance Recommendation(s): This item was heard at the November 6th Planning and Zoning Commission meeting where the Commission voted 6-0 to recommend approval Summary: This proposed Unified Development Ordinance amendment affects all new proposed PDD Planned Development Districts. Specifically, the amendment modifies this Section in order to: 1. Provide minimum standards that each PDD must include; 2. Include selective standards for community benefits; 3. Clarifies and differentiates requirements for larger vs. smaller sized PDD areas; 4. Provide more predictability and clarification; 5. For minor modifications, providing more detailed elements to provide. Background: This topic was presented and discussed at a Planning and Zoning Commission for a workshop item in June 2024. Several modifications were requested including a request to receive additional stakeholder feedback. An in -person meeting was held in July 2024, with an additional virtual meeting in August 2024 was held with those applicants and design professionals who have submitted several rezoning applications to PDD Planned Development District in the past 10 years who were invited to hear about the proposed Unified Development Ordinance amendment and provide feedback. The meetings were primarily attended by several interested parties. Modifications were made to the proposed standards and after working with the City Attorneys Office incorporated them into the UDO. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Section 3.5 Concept Plans (P-MUD and PDD Districts) redlines Page 321 of 346 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 3 "DEVELOPMENT REVIEW PROCEDURES", SECTION 3.5 "CONCEPT PLANS (P-MUD AND PDD DISTRICTS)" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO REQUIREMENTS, CONCEPT PLANS, AND COMMUNITY BENEFITS FOR PDD PLANNED DEVELOPMENT DISTRICTS; 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 3 "Development Review Procedures", Section 3.5 "Concept Plans (P-MUD and PDD Districts)" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 8-14-17 Page 322 of 346 ORDINANCE NO. Page 2 of 9 PASSED, ADOPTED and APPROVED this day of , 20. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Ordinance Form 8-14-17 Page 323 of 346 ORDINANCE NO. Page 3 of 9 Exhibit A That Appendix A, "Unified Development Ordinance," Article 3 "Development Review Procedures", Section 3.5 "Concept Plans (P-MUD and PDD Districts)" of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 3.5. Concept Plans (P-MUD and PDD Districts). Concept Plan Review Process l Pre3 pli:aiian Con=erence Coripeteness Renew Parks & Recreation Beare T Plann'n•y w .c CD—ISE C- 1 A. Applicability. A concept plan shall accompany a P-MUD Planned Mixed -Use District or PDD Planned Development District rezoning application to ensure the intent of the UDO is met by the proposed planned district standards. B. Application Requirements. A complete application for a concept plan shall be submitted to the Administrator with a P-MUD Planned Mixed -Use District or PDD Planned Development District rezoning application as set forth in the General Approval Procedures Section above unless otherwise specified in this Section. C. Concept Plan Approval Process. Ordinance Form 8-14-17 Page 324 of 346 ORDINANCE NO. Page 4 of 9 1. Pre -Application Conference. Prior to submitting a concept plan, applicants are encouraged to schedule and attend an optional pre - application conference in accordance with the Pre -Application Conference Subsection of the General Approval Procedures Section above. 2. Review and Report by the Parks and Recreation Advisory Board. If the proposed area involves any required or voluntary parkland dedication, the concept plan must be reviewed by the Parks and Recreation Advisory Board. Parks and Recreation Advisory Board recommendations shall be forwarded to the City Council. 3. Review and Report by the Greenways Program Manager. If the proposed area includes a greenway dedication as shown on the Bicycle, Pedestrian, and Greenways Master Plan, or if the applicant is proposing greenway dedication or voluntary sale, the concept plan must be reviewed by the Greenways Program Manager. The Greenways Program Manager's recommendation shall be forwarded to the City Council. 4. Review and Recommendation by the Administrator. The Administrator shall review the concept plan and recommend approval, approval with conditions, or disapproval of the same. 5. Review and Recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission shall review the concept plan and recommend to the City Council approval, approval with conditions, or disapproval of the same. 6. City Council Final Action. The City Council shall review the concept plan and approve, approve with conditions, or disapprove. D. Concept Plan Requirements. A concept plan shall not be considered or reviewed as a complete site plan application. The concept plan for the proposed development shall include the following: 1. A general layout plan showing the location and relationship of the various land uses permitted in the development which is to include the following as applicable: a. Overall property boundary of the area to be included as part of the PDD Planned Development District or P-MUD Planned Mixed -Use District; b. General arrangement of existing and proposed streets; c. The general location of building and parking areas; d. A range of proposed building heights (minimum and maximum) to be permitted; e. General arrangement of existing and proposed sidewalks to show connectivity provided to adjacent properties; f. Proposed base zoning districts; g• h. General arrangement of lots and/or blocks to be subdivided to illustrate proposed density; Existing land uses on the property and on adjacent properties; i. The general location of detention/retention ponds and other major drainage structures; j• Open spaces, parkland, conservation areas, greenways, parks, trails and other special features of the development; k. Location of landscape buffer to adjacent land uses, or enhanced landscape areas; and Ordinance Form 8-14-17 Page 325 of 346 ORDINANCE NO. Page 5 of 9 I. Density of proposed development (residential units per acre). 2. For a PDD Planned Development District encompassing twenty (20) acres or more, the development may be phased into areas to provide more detailed Concept Plans. If phased, the Concept Plan would not need to include above referenced items but shall provide an overall general layout of areas to include the proposed zoning and vehicular circulation. If development is to be phased, the Concept Plan must state the phases which are intended to be developed in sequential order. Prior to development of each phase as identified on the Concept Plan, a Concept Plan for each phase must meet all of the requirements above and shall be required to be submitted for review to the Planning and Zoning Commission and adoption by City Council. Each phase must be stated in the ordinance and provide reference to the original Concept Plan. 3. A written statement addressing the drainage development of the site; 4. A list of general bulk or dimensional variations sought; and 5. If general bulk or dimensional variations are sought, provide a list of tangible community benefits and/or innovative design concepts to justify the request. For City consideration, each tangible community benefit and/or innovative design concepts must be enforceable via site plan or subdivision plat regulations. Community benefits include items which provide an offset to the modifications being requested. Examples include items such as, but not limited to providing a landscape buffer, multi -use path, or fence/wall for screening where not required, or removal of permitted uses from the base zoning district that may be incompatible with adjacent development. E. Review Criteria. The Administrator and Planning and Zoning Commission shall recommend approval and the City Council may approve a concept plan if, in addition to the City Council Action -Review Criteria in Section 3.4.D.9.d, it finds that the concept plan meets the following criteria: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal conforms with the policies, goals, and objectives of the Comprehensive Plan, including any associated plans or studies subsequently adopted by the City Council, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. The development includes the provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 5. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 6. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other development reasonably anticipated in the area; and 7. The development will provide a greater level of building design quality, community amenities, or connectivity than would be required if the project were not being developed in a PDD Planned Development District or P-MUD Planned Mixed -Use District. F. Minimum Requirements. Unless otherwise indicated in the approved Concept Plan, the minimum requirements for each development shall be those stated in this UDO for subdivisions and the requirements of the most restrictive standard zoning district in which designated uses are permitted. Modification of these standards may be considered Ordinance Form 8-14-17 Page 326 of 346 ORDINANCE NO. Page 6 of 9 during the approval process of the Concept Plan. If modification of these standards is granted with the concept plan, the Administrator will determine the specific minimum requirements. 1. A PDD Planned Development District five (5) acres or more must comply with the following requirements: a. Provide at least ten (10) percent of the property as common open space. Common open space may include amenities such as, but not limited to, private outdoor recreation facilities, natural areas, trails, agricultural lands, or stormwater management facilities designed as a neighborhood amenity, all subject to approval by Administrator; b. Exceed the minimum landscape points required in the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO by ten (10) percent or more where required by the base zoning district; and c. Must contain at least one (1) of the items listed in Section 3.5.F.1.c.. The listed items include tangible community benefits which may offset the effects of modifications being requested. A proposed PDD Planned Development District does not need to provide all of these items. Items provided as tangible community benefits are subject to approval by the Administrator. The Planning and Zoning Commission and City Council may require any other criteria it deems appropriate to offset the modifications. i. Provide at least twenty-five (25) percent of the property used to be as common open space (inclusive of the common open space area requirements previously listed in Section 3.5.F.1.a.); ii. Provide landscape buffer of fifteen (15) feet where not required or increased by more than fifty (50) percent where already required in the Buffer Requirements Subsection of Article 7, General Development Standards of this UDO; iii. Provide a six (6) foot fence/wall where fence/wall is not required along the perimeter of the area abutting property lines; iv. Reduction from maximum impervious cover requirements for residential uses as indicated in the Residential Zoning District Standards Subsection of Article 5, District Purpose Statements and Supplemental Standards of this UDO by more than ten (10) percent; v. Provide a minimum ten (10) feet wide multi -use path within the proposed development connecting to one (1) or more adjacent properties; and/or vi. Other innovative concepts not listed as determined appropriate by the Planning and Zoning Commission and City Council. 2. A PDD Planned Development District less than five (5) acres and not located in a Redevelopment Area must comply with the following standards: a. For a PDD Planned Development District between 4.00 and 4.99 acres, a minimum total of four (4) points for tangible community benefits must be provided. A PDD Planned Development District proposed between 3.00 and 3.99 acres must provide a minimum total of five (5) points for tangible community benefits. A PDD Planned Development District proposed less than 3.00 acres must provide a minimum total of seven (7) points for tangible community benefits. b. Points values for tangible community benefits. i. Point values will be awarded for the PDD Planned Development District providing the following community benefits, which will receive one (1) point each: Ordinance Form 8-14-17 Page 327 of 346 ORDINANCE NO. Page 7 of 9 1. Increasing the required landscaping point requirements as determined in the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO by ten (10) percent or more; 2. Providing mechanical equipment screening where not already required for properties zoned SC Suburban Commercial as found in the Non -Residential Architectural Standards Subsection of Article 7, General Development Standards of this UDO; 3. Removing more intense uses from proposed base zoning that may be incompatible with the surrounding area as determined by the Administrator; 4. Prohibiting internally lit signage when property is adjacent to a residential zoning district or use; 5. Allowing only Low -Profile signs where Freestanding signs are allowed as determined in the Signs Subsection of Article 7, General Development Standards of this UDO; 6. Allowing only Attached signs where only Low -Profile signs are allowed as determined in the Signs Subsection of Article 7, General Development Standards of this UDO; 7. Exceeding the number of Non -Residential Architectural relief elements found in the Non -Residential Architectural Standards Subsection of Article 7, General Development Standards of this UDO by more than twenty-five (25) percent or two (2) elements whichever is greater where required; 8. Meeting the SC Suburban Commercial Non -Residential Architectural Standards relief element requirements where not already required as found in the Non -Residential Architectural Standards Subsection of Article 7, General Development Standards of this U DO; 9. Providing thirty (30) percent building transparency between zero (0) feet and eight (8) feet on all facades facing right-of-way; and/or 10. Meeting the building material requirements as listed in the Non -Residential Architectural Standards Subsection of Article 7, General Development Standards of this UDO. ii. Point values will be awarded for the following community benefit items, which will receive two (2) points each: 1. Increasing the landscaping point requirements as determined in the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO by twenty-five (25) percent or more; 2. Preserving existing canopy trees at least six (6) inches to eight (8) inches as found in the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO; 3. Reducing the maximum building height as found in the Residential District Dimensional Standards Subsection of Article 5, and/or Non -Residential District Dimensions Standards Subsection of Article 5, District Purpose Statements and Supplemental Standards by ten (10) feet when adjacent to a residential zoning district or use or limiting to one (1) story when adjacent to a residential zoning district or use; Ordinance Form 8-14-17 Page 328 of 346 ORDINANCE NO. Page 8 of 9 4. Providing Low -Density Residential Height Protection for property adjacent to a residential zoning district or use where not required by the General Provisions Subsection of Article 7, General Development Standards of this UDO; and/or 5. Providing Non -Residential Architectural relief elements as found in the Non -Residential Architectural Standards Subsection of Article 7, General Development Standards of this UDO required on all facades (not facing or visible), regardless of building orientation at one (1) element for every forty (40) feet. iii. Point values will be awarded for the following community benefit items, which will receive three (3) points each: 1. Increasing the landscaping point requirements as determined in the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO by fifty (50) percent or more; 2. Providing parking screening from all property lines for all off-street parking spaces where not required by the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO; 3. Providing connectivity to at least one (1) adjacent development through pedestrian facilities (via internal sidewalks) within the property; 4. Providing a plaza area as indicated in the General Provisions Subsection of Article 7, General Development Standards of this UDO; 5. Increasing the landscape buffer width requirements as determined in the Buffer Requirements Subsection of Article 7, General Development Standards of this UDO by an additional fifty (50) percent; and/or 6. Increasing the landscape buffer planting requirements as determined in the Buffer Requirements Subsection of Article 7, General Development Standards of this UDO by an additional fifty (50) percent. iv. Items provided as tangible community benefits are subject to approval by the Administrator. v. Where applicable, tangible community benefits that could be inclusive of one another cannot be combined and do not provide additional/combined point values (e.g., ten (10) percent, twenty-five (25) percent, and fifty (50) percent landscape points do not combine point values, but only result in the individual highest point value of three (3) points for increasing landscaping points by fifty (50) percent). G. Compliance with Other Regulations. The approval of a concept plan shall not relieve the developer from responsibility for complying with all other applicable sections of this UDO and other codes and ordinances of the City of College Station unless such relief is granted in the approved concept plan. H. Owners Association Required. An owners association will be required if other satisfactory arrangements have not been made for providing, operating, and maintaining common facilities including streets, drives, service, and parking areas, common open spaces, buffer areas, and common recreational areas at the time the development plan is submitted. If an owners association is required, documentation must be submitted to the City at the time of platting to assure compliance with the provisions of this UDO. I. Modifications. Ordinance Form 8-14-17 Page 329 of 346 ORDINANCE NO. Page 9 of 9 Any deviations from the approved concept plan shall require City Council approval except as provided in the Minor Amendment to Concept Plan Subsection below. J. Minor Amendment to Concept Plan. 1. Minor additions and modifications to the approved concept plans for areas less than twenty (20) acres meeting the following criteria may be approved by the Administrator: a. Do not change the total square footage of each building by more than the lesser of ten (10) percent or two thousand five hundred (2,500) square feet; b. Do not substantially alter the arrangement of buildings from the original Concept Plan; c. Do not increase the number of buildings (which are greater than one hundred twenty (120) square feet); d. Do not change the use of a building or change a required setback; e. Do not increase the height of a building by more than ten (10) percent; f. Do not substantially alter the configuration of streets, parking areas, drive aisles or lots from the original Concept Plan; g. Do not reduce common open space areas; h. Do not propose the clearing or grading of areas depicted on the Concept Plan as a conservation area, greenway, or park; i. Do not change the final determination of the specific meritorious modifications such as setbacks, lot size, dimensional standards, etc., granted generally as part of the Concept Plan; or j. Do not conflict with other regulations established for the PDD Planned Development Districts. 2. Minor additions and modifications to the approved Concept Plan for a PDD Planned Development District twenty (20) acres or more meeting the following criteria may be approved by the Administrator: a. Do not change the arrangement or size of base zoning districts; or b. Do not change of the final determination of the specific meritorious modifications such as setbacks, lot size, dimensional standards, etc., granted generally as part of the Concept Plan. Ordinance Form 8-14-17 Page 330 of 346 Sec. 3.5. Concept Plans (P-MUD and PDD Districts). Concept Plan Review Process .,.: .,<r . • • _ 4 ljc 1 � l I 'Warn; i de Page 331 of 346 f Preacplicaiicn Con'erence Planning & Zonng Commission 1 A. Applicability. A concept plan shall accompany a P-MUD Planned Mixed -Use District or PDD Planned Development District rezoning application to ensure the intent of the UDO is met by the proposed planned district standards. B. Application Requirements. A complete application for a concept plan shall be submitted to the Administrator with a P-MUD Planned Mixed -Use District or PDD Planned Development District rezoning application as set forth in the General Approval Procedures Section above unless otherwise specified in this Section. C. Concept Plan Approval Process. 1. Pre -Application Conference. Prior to submitting a concept plan, applicants are encouraged to schedule and attend an optional pre - application conference in accordance with the Pre -Application Conference Subsection of the General Approval Procedures Section above. 2. Review and Report by the Parks and Recreation Advisory Board. If the proposed area involves any required or voluntary parkland dedication, the concept plan must be reviewed by the Parks and Recreation Advisory Board. Parks and Recreation Advisory Board recommendations shall be forwarded to the City Council. 3. Review and Report by the Greenways Program Manager. If the proposed area includes a greenway dedication as shown on the Bicycle, Pedestrian, and Greenways Master Plan, or if the applicant is proposing greenway dedication or voluntary sale, the Page 332 of 346 concept plan must be reviewed by the Greenways Program Manager. The Greenways Program Manager's recommendation shall be forwarded to the City Council. 4. Review and Recommendation by the Administrator. The Administrator shall review the concept plan and recommend approval, approval with conditions, or disapproval of the same. 5. Review and Recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission shall review the concept plan and recommend to the City Council approval, approval with conditions, or disapproval of the same. 6. City Council Final Action. The City Council shall review the concept plan and approve, approve with conditions, or disapprove. D. Concept Plan Requirements. A concept plan shall not be considered or reviewed as a complete site plan application. The concept plan for the proposed development shall include the following: 1. 1. A general layout plan showing the location and relationship of the various land uses permitted in the development; which is to include the following as applicable: a. 2. Overall property boundary of the area to be included as part of the PDD Planned Development District or P-MUD Planned Mixed -Use District; b. General arrangement of existing and proposed streets; c. The general location of building and parking areas; dA range of proposed building heights— (minimum and maximum) to be permitted: 3. A w\- ittcr statement addressing the drainage development th'csic; e. 4. General arrangement of existing and proposed sidewalks to show connectivity provided to adiacent properties; f. Proposed base zoning districts; g. General arrangement of lots and/or blocks to be subdivided to illustrate proposed density: h. Existing land uses on the property and on adjacent properties; iThe general location of detention/retention ponds and other major drainage structures; j. 5. Open spaces, parkland, conservation areas, greenways, parks, trails and other special features of the development; k. Location of landscape buffer to adiacent land uses, or enhanced landscape areas; and I. Density of proposed development (residential units per acre). 2. For a PDD Planned Development District encompassing twenty (20) acres or more, the development may be phased into areas to provide more detailed Concept Plans. If phased, the Concept Plan would not need to include above referenced items but shall provide an overall general layout of areas to include the proposed zoning and vehicular circulation. If development is to be phased, the Concept Plan must state the phases which are intended to be developed in sequential order. Prior to development of each phase as identified on the Concept Plan, a Concept Plan for each phase must meet all of the requirements above and shall be required to be submitted for review to the Planning and Zoning Commission and adoption by City Council. Each phase must be stated in the ordinance and provide reference to the original Concept Plan. 3. A written statement addressing the drainage development of the site; Page 333 of 346 4. A list of general bulk or dimensional variations sought; and 6-5. If general bulk or dimensional variations are sought, provide a list of tangible community benefits and/or innovative design concepts to iustifv the request. For City consideration. each tangible community benefit and/or innovative design concepts must be enforceable via site plan or subdivision plat regulations. Community benefits include items which provide an offset to the modifications being requested. Examples include items such as, but not limited to providing a landscape buffer, multi -use path, or fence/wall for screening where not required, or removal of permitted uses from the base zoning district that may be incompatible with adiacent development. provide a list of coma nity benefits and/or innovative design concepts to justify the request ; . 7. The general location of the building and parking arcs; 8. Q ' cpa'et cv,rldcr.d, conservation areas, greenwayc, trcikr ;r..d other special futures of the development; and 9. Buffer ar as or a statement indicating buffering proposed E. Review Criteria. The Administrator and Planning and Zoning Commission shall recommend approval and the City Council may approve a concept plan if, in addition to the City Council Action -Review Criteria in Section 3.4.D.9.d, it finds that the concept plan meets the following criteria: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal conforms with the policies, goals, and objectives of the Comprehensive Plan, including any associated plans or studies subsequently adopted by the City Council, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front cx p►,' is street bvt chill hare access tea public stroct directly or via a court, walkway, public ar a, or arc owned by an owners association; 5. 4. The development includes the provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. 5. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other tiscsdevelopment reasonably anticipated in the area considering existing zoning and land uscs in the ar a. 7. The development will provide a greater level of building design quality, community amenities, or connectivity than would be required if the aroiect were not being developed in a PDD Planned Development District or P-MUD Planned Mixed -Use District. F. Minimum Requirements. Unless otherwise indicated in the approved concept Concept piaPlan, the minimum requirements for each development shall be those stated in this UDO for subdivisions and the requirements of the most restrictive standard zoning district in which designated uses are permitted. Modification of these standards may be considered during the approval process of the concept Concept planPlan. If modification of these standards is granted with the concept plan, the Administrator will determine the specific minimum requirements. Page 334 of 346 1. A PDD Planned Development District five (5) acres or more must comply with the following requirements: a. Provide at least ten (10) percent of the property as common open space. Common open space may include amenities such as, but not limited to, private outdoor recreation facilities, natural areas, trails, agricultural lands, or stormwater management facilities designed as a neighborhood amenity, all subiect to approval by Administrator; b. Exceed the minimum landscape points required in the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO by ten (10) percent or more where required by the base zoning district; and c. Must contain at least one (1) of the items listed in Section 3.5.F.1.c.. The listed items include tangible community benefits which may offset the effects of modifications being requested. A proposed PDD Planned Development District does not need to provide all of these items. Items provided as tangible community benefits are subject to approval by the Administrator. The Planning and Zoning Commission and City Council may require any other criteria it deems appropriate to offset the modifications. i. Provide at least twenty-five (25) percent of the property used to be as common open space (inclusive of the common open space area requirements previously listed in Section 3.5.F.1.a.); ii. Provide landscape buffer of fifteen (15) feet where not required or increased by more than fifty (50) percent where already required in the Buffer Requirements Subsection of Article 7, General Development Standards of this UDO; iii. Provide a six (6) foot fence/wall where fence/wall is not required along the perimeter of the area abutting property lines; iv. Reduction from maximum impervious cover requirements for residential uses as indicated in the Residential Zoning District Standards Subsection of Article 5, District Purpose Statements and Supplemental Standards of this UDO by more than ten (10) percent; v. Provide a minimum ten (10) feet wide multi -use path within the proposed development connecting to one (1) or more adjacent properties; and/or vi. Other innovative concepts not listed as determined appropriate by the Planning and Zoning Commission and City Council. 2. A PDD Planned Development District less than five (5) acres and not located in a Redevelopment Area must comply with the following standards: a. For a PDD Planned Development District between 4.00 and 4.99 acres, a minimum total of four (4) points for tangible community benefits must be provided. A PDD Planned Development District proposed between 3.00 and 3.99 acres must provide a minimum total of five (5) points for tangible community benefits. A PDD Planned Development District proposed less than 3.00 acres must provide a minimum total of seven (7) points for tangible community benefits. b. Points values for tangible community benefits. i. Point values will be awarded for the PDD Planned Development District providing the following community benefits, which will receive one (1) point each: 1. Increasing the required landscaping point requirements as determined in the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO by ten (10) percent or more; Page 335 of 346 2. Providing mechanical equipment screening where not already required for properties zoned SC Suburban Commercial as found in the Non -Residential Architectural Standards Subsection of Article 7, General Development Standards of this UDO; 3. Removing more intense uses from proposed base zoning that may be incompatible with the surrounding area as determined by the Administrator; 4. Prohibiting internally lit signage when property is adjacent to a residential zoning district or use; 5. Allowing only Low -Profile signs where Freestanding signs are allowed as determined in the Signs Subsection of Article 7, General Development Standards of this UDO; 6. Allowing only Attached signs where only Low -Profile signs are allowed as determined in the Signs Subsection of Article 7, General Development Standards of this UDO; 7. Exceeding the number of Non -Residential Architectural relief elements found in the Non -Residential Architectural Standards Subsection of Article 7, General Development Standards of this UDO by more than twenty-five (25) percent or two (2) elements whichever is greater where required; 8. Meeting the SC Suburban Commercial Non -Residential Architectural Standards relief element requirements where not already required as found in the Non -Residential Architectural Standards Subsection of Article 7, General Development Standards of this UDO. 9. Providing thirty (30) percent building transparency between zero (0) feet and eight (8) feet on all facades facing right-of-way; and/or 10. Meeting the building material requirements as listed in the Non -Residential Architectural Standards Subsection of Article 7, General Development Standards of this UDO. ii. Point values will be awarded for the following community benefit items, which will receive two (2) points each: 1. Increasing the landscaping point requirements as determined in the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO by twenty-five (25) percent or more; 2. Preserving existing canopy trees at least six (6) inches to eight (8) inches as found in the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO; 3. Reducing the maximum building height as found in the Residential District Dimensional Standards Subsection of Article 5, and/or Non -Residential District Dimensions Standards Subsection of Article 5, District Purpose Statements and Supplemental Standards by ten (10) feet when adjacent to a residential zoning district or use or limiting to one (1) story when adiacent to a residential zoning district or use; 4. Providing Low -Density Residential Height Protection for property adjacent to a residential zoning district or use where not required by the General Provisions Subsection of Article 7, General Development Standards of this UDO; and/or Page 336 of 346 5. Providing Non -Residential Architectural relief elements as found in the Non -Residential Architectural Standards Subsection of Article 7, General Development Standards of this UDO required on all facades (not facing or visible), regardless of building orientation at one (1) element for every forty (40) feet. iii. Point values will be awarded for the following community benefit items, which will receive three (3) points each: 1. Increasing the landscaping point requirements as determined in the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO by fifty (50) percent or more; 2. Providing parking screening from all property lines for all off-street parking spaces where not required by the Landscaping and Tree Protection Subsection of Article 7, General Development Standards of this UDO; 3. Providing connectivity to at least one (1) adiacent development through pedestrian facilities (via internal sidewalks) within the property; 4. Providing a plaza area as indicated in the General Provisions Subsection of Article 7, General Development Standards of this UDO; 5. Increasing the landscape buffer width requirements as determined in the Buffer Requirements Subsection of Article 7, General Development Standards of this UDO by an additional fifty (50) percent; and/or 6. Increasing the landscape buffer planting requirements as determined in the Buffer Requirements Subsection of Article 7, General Development Standards of this UDO by an additional fifty (50) percent. iv. Items provided as tangible community benefits are subject to approval by the Administrator. v. Where applicable, tangible community benefits that could be inclusive of one another cannot be combined and do not provide additional/combined point values (e.g., ten (10) percent, twenty-five (25) percent, and fifty (50) percent landscape points do not combine point values, but only result in the individual highest point value of three (3) points for increasing landscaping points by fifty (50) percent). G. Compliance with Other Regulations. The approval of a concept plan shall not relieve the developer from responsibility for complying with all other applicable sections of this UDO and other codes and ordinances of the City of College Station unless such relief is granted in the approved concept plan. H. Owners Association Required. An owners association will be required if other satisfactory arrangements have not been made for providing, operating, and maintaining common facilities including streets, drives, service, and parking areas, common open spaces, buffer areas, and common recreational areas at the time the development plan is submitted. If an owners association is required, documentation must be submitted to the City at the time of platting to assure compliance with the provisions of this UDO. I. Modifications. Any deviations from the approved concept plan shall require City Council approval except as provided in the Minor Amendment to Concept Plan Subsection below. J. Minor Amendment to Concept Plan. Page 337 of 346 1. Minor additions and modifications to the approved concept pta-Rplans for areas less than twenty (20) acres meeting the following criteria may be approved by the Administrator: 1. Minor additions to structures as determined by the A&rninic-rctur, 2. Minor new accessory structures if the location does not interfere with the ciu tip 9itc layout (e.g., circulatic parking, loallingyN1/4:Nerewa.t management facilities, open space, landscaping, buffering); 3. Minor additions to parking lots; /1. CI aringa. Do not change the total square footage of each building by more than the lesser of ten (10) percent or two thousand five hundred (2,500) square feet; b. Do not substantially alter the arrangement of buildings from the original Concept Plan; c. Do not increase the number of buildings (which are greater than one hundred twenty (120) square feet); d. Do not change the use of a building or change a required setback; e. Do not increase the height of a building by more than ten (10) percent; f. Do not substantially alter the configuration of streets, parking areas, drive aisles or lots from the original Concept Plan; g. Do not reduce common open space areas; h. Do not propose the clearing or grading of areas depicted on the conccpt Concept Pialan as a conservation area, greenway, or park; a 4 E. 17ryz,1 i. Do not change the final determination of the specific meritorious modifications such as setbacks, lot size, dimensional standards, etc., granted generally as part of the conccpt Concept planPlan-; or_ i. Do not conflict with other regulations established for the PDD Planned Development Districts. 2. Minor additions and modifications to the approved Concept Plan for a PDD Planned Development District twenty (20) acres or more meeting the following criteria may be approved by the Administrator: a. Do not change the arrangement or size of base zoning districts; or b. Do not change of the final determination of the specific meritorious modifications such as setbacks, lot size, dimensional standards, etc., granted generally as part of the Concept Plan. (Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023) Page 338 of 346 November 24, 2025 Item No. 9.3. Minimum street standards for on -street parking Sponsor: Jennifer Prochazka, Assistant City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an amendment to the on - street parking removal policy and guidelines to establish minimum street pavement widths for on - street parking. Relationship to Strategic Goals: • Core Services and Infrastructure • Neighborhood Integrity • Improving Mobility Recommendation(s): Staff recommends that the Council consider the amended policy. Summary: At their October 23, 2025 meeting, the City Council directed staff to evaluate minimum design standards to aid in neighborhood parking problems and maintain the certainty of access for emergency and public service vehicles on local streets in the Southside area. To support the efficiency and effectiveness of public services, while considering the current street widths and public needs, the following is recommended for local residential streets: • Streets under 27' wide. On -street parking may be removed. • Streets 27' and up to 32' wide. On -street parking may be removed on one side of the street. • Streets over 32' and up to 38' wide. On -street parking is allowed on both sides of the street. • Streets over 38' wide and greater. These are Collector roadways and may require bicycle facilities and on -street parking may be removed. • Streets less than 38' wide, but that are designated or constructed as a Collector roadway. These may require bicycle facilities and on -street parking may be removed. These standards mirror the street and parking standards for newly platted and developed single- family neighborhoods in College Station. Staff recommends adopting the above standards as guidelines to be used for consideration of parking removal in existing residential areas as concerns arise. Budget & Financial Summary: Attachments: 1. Parking Removal Policy 11-24-25 2. Parking Removal Policy 11-24-25 Redline Page 339 of 346 Or," CITY OF COLLEGE STATION Home of Texas AoM University' ON -STREET PARKING REMOVAL POLICY AND GUIDELINES 1. Concerns — All valid on -street parking concerns, either from City Council, staff or residents, are received by the Public Works Department Traffic Engineering Division. The Traffic Engineering Division will respond to the concern acknowledging receipt and, if needed, ask for more information. 2. Investigation — If a valid concern is presented, the Traffic Engineering Division, in coordination with City of College Station Fire Department (CSFD), may conduct an investigation. The investigation may include observing street width, traffic patterns, counting parked vehicles, taking pictures, identifying fire hydrant locations, and consulting with other City departments including, the Police Department, and the City Attorney's Office. The CSFD will evaluate the impact that on -street parking has on emergency vehicle access. a. Public Safety Concern. If it is determined by the City Manager that parking should be removed because of a public health, safety or operational concern, regardless of street width, an investigation may not need to be completed. b. Design Standard Guidelines. Minimum design standards are used as a guideline to determine if parking should be removed to maintain safe access for emergency and public service vehicles on local streets in existing neighborhoods. To support the efficiency and effectiveness of public services, while considering the current street widths and public needs, the following guidelines are used in an investigation to determine parking suitability on local residential streets: i. Streets under 27' wide. On -street parking may be removed. ii. Streets 27' and up to 32' wide. On -street parking may be removed on one side of the street. iii. Streets over 32' and up to 38'wide. On -street parking is allowed on both sides of the street. iv. Streets over 38' wide and greater. These are Collector roadways and may require bicycle facilities and on -street parking may be removed. v. Streets less than 38' wide, but that are designated or constructed as a Collector roadway. These may require bicycle facilities and on -street parking may be removed. 3. Recommendation and TMT — The Traffic Engineering Division will present the investigation results to the Traffic Management Team (TMT). The TMT may give further guidance, direction, and recommend approval or denial. If the TMT recommends no parking removal, then no further action is needed. The Traffic Engineering Division will contact the person making the complaint of any TMT direction. P.O. BOX 9960 . 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS . 77842 Cstx.gov Page 340 of 346 Parking Removal Policy Page 2 of 2 4. Public Meeting — If deemed necessary for parking removal, a public meeting will be held for public input and notice. Meeting notices will be mailed to residents, including tenants and property owners adjacent to the parking removal street at least 10 days before the meeting. The meeting notice should include the streets that are proposed for parking removal, the date, time and meeting location, and the City's representative's contact information. Based on feedback and input from the public meeting, the parking removal may be presented back to the TMT or move forward for City Council direction. 5. TMT Follow -Up — The public meeting feedback may be presented to the TMT or the City Council Transportation and Mobility Committee for further direction if needed. The TMT or Transportation and Mobility Committee may make changes to the proposed parking removal based on public feedback or may choose to proceed directly to City Council. 6. City Council — The parking removal ordinance, map, public meeting feedback, and the TMT and/or City Council Transportation and Mobility Committee's recommendation are included City Council's agenda packet. Based on the TMT and the public meeting input, the City Manager will determine whether to place the parking removal agenda item on the consent or regular agenda. The City Council may approve, approve with modifications, or deny the parking removal request. 7. City Manager — If a public health or safety concerns is present the City Manager may change or alter this policy. Approved by the City Council and Effective on November 24, 2025. Mayor Page 341 of 346 CITY OF COLLEGE STATION Home of Texas A&M Universti ON -STREET PARKING REMOVAL POLICY AND GUIDELINES 1. Concerns — All valid on -street parking concerns, either from City Council, staff or residents, are received by the Public Works Department Traffic Engineering Division. The Traffic Engineering Division will respond to the concern acknowledging receipt and, if needed, ask for more information. 2. Investigation — If a valid concern is presented, the Traffic Engineering Division, in coordination with City of College Station Fire Department (CSFD), may conduct an investigation. The investigation may include observing street width, traffic patterns, counting parked vehicles, taking pictures, identifying fire hydrant locations, and consulting with other City departments including, police the Police Department, and legalthe City Attorney's Office. The CSFD will evaluate the impact that the on -street parking has on emergency vehicle access. a. Public Safety Concern. If it is determined by the City Manager that parking should be removed because of a public health, safety or operational concern, regardless of street width, Aan investigation does may not need to be completed_ if it is determined parking needs to be removed because of a p'al]ic health or safety concern. On residential streets 27 feet wi& parking ig permitted on one side, while residential streets 24 feet or loan in width prohibit xi str-ems`. parking on both sides of the street. b. -Design Standard Guidelines. Minimum design standards are used as a guideline to determine if parking should be removed to maintain safe access for emergency and public service vehicles on local streets in existing neighborhoods. To support the efficiency and effectiveness of public services. while considering the current street widths and public needs, the following guidelines are used in an investigation to determine parking suitability on local residential streets: i. Streets under 27' wide. On -street parking may be removed. ii. Streets 27' and up to 32' wide. On -street parking may be removed on one side of the street. iii. Streets over 32' and up to 38'wide. On -street parking is allowed on both sides of the street. iv. Streets over 38' wide and greater. These are Collector roadways and require bicycle facilities and on -street parking may be removed. v. Streets less than 38' wide, but that are designated or constructed as a Collector roadway. These may require bicycle facilities and on -street parking may be removed. 3. Recommendation and TMT — The Traffic Engineering Division will present the investigation results to the Traffic Management Team (TMT). The TMT may give further guidance, direction, and recommend approval or denial. If the TMT recommends no parking City Manager's Office P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 TEL. 979.764.3 510 • FAX. 979.764.6377 cstx.gov Page 342 of 346 City of College Station Page 2 of 2 removal, then no further action is needed. The Traffic Engineering Division will contact the person making the complaint of any TMT direction. 4. Public Meeting — If deemed necessary for parking removal, a public meeting will be held for public input and notice. Meeting notices will be mailed to residents, including tenants and property owners adjacent to the parking removal street at least 10 days before the meeting. The meeting notice should include the streets that are proposed for parking removal, the date, time and meeting location, and the City's representative's contact information. Based on feedback and input from the public meeting, the parking removal may be presented back to the TMT or move forward for City Council direction. 5. TMT Follow -Up — The public meeting feedback may be presented to the TMT or the City Council Transportation and Mobility Committee for further direction if needed. The TMT or Transportation and Mobility Committee may make changes to the proposed parking removal based on public feedback or may choose to proceed directly to City Council. 6. City Council — The parking removal ordinance, map, public meeting feedback, and the TMT and/or City Council Transportation and Mobility Committee's recommendation are included City Council's agenda item) packet. Based on the TMT and the public meeting input, tThe City Manager will determine based on the TMT and the public meeting input whether to place the parking removal agenda item on the consent or regular agenda. The City Council may approve, approve with modifications, or deny the parking removal request. 7. City Manager — If a public health or safety concerns is present the City Manager may change or alter this policy. Approved by the City Council and Effective on November 24, 2025. Mayor City Manager's Office P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 TEL. 979.764.3 510 • FAX. 979.764.6377 cstx.gov Page 343 of 346 November 24, 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 November 25th thru December 11th: November 25 - BCS Ag Breakfast November 27 - City Offices Closed - Thanksgiving Day November 28 - City Offices Closed - Day After Thanksgiving Holiday November 29 - Christmas Classics at City Hall: The Grinch (2018) - Meet the Grinch December 1 - Audit Committee Meeting December 1 - Historic Preservation Committee Meeting December 2 - Zoning Board of Adjustments Meeting December 3 - B/CS MPO Policy Board Meeting (FY 2026) December 3 - Legislative Affairs Committee Meeting December 3 - Tourism Committee Meeting December 3 - TML Region 10 Meeting "Winter Wonderland" December 4 - Brazos County Board of Health Board Meeting December 4 - Planning & Zoning Commission Meeting December 5 - Invitation: Elder -Aid Christmas Celebration December 5 - Christmas Classics at City Hall: The Santa Clause (1994) December 6 - 3rd Annual City of College Station Christmas Parade December 8 - Bicycle, Pedestrian, and Greenways Meeting December 9 - Special City Council Meeting - Capital Projects December 9 - Legislative Engagement Committee Meeting with Rep. Paul Dyson December 10 - Exploring History Luncheon "A German Texan in World War II" by Marilyn Maddox December 10 - COCS Employee Holiday Celebration December 11 - City Council Meeting Day Page 344 of 346 Budget & Financial Summary: None. Attachments: None Page 345 of 346 November 24, 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: Aggieland Humane Society, The Art Center of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Transit District, Brazos Valley Economic Development Corporation, Brazos Valley Council of Gov't Board of Directors, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, CDBG Public Service Agency Funding Review Committee, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Construction Board of Adjustments & Building and Construction Standards Commission, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Housing Plan Advisory Committee, Intergovernmental Local Committee, Keep Brazos Beautiful, Legislative Engagement Committee, 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, Tourism Committee, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 346 of 346