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02/12/2026 - Regular Agenda Packet - City Council
Orff CiTY OF COJ.LFGE STATION Home of Texas AerM University® February 12, 2026 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, Regular, or Special 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. b. Legal advice regarding Texas Open Meetings c. Legal advice regarding the professional services contract for Southeast Park. 2.2. Real Estate {Gov't Code Section 551.072); Possible action. The City Council may deliberate the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Approximately 8 acres of land located at 1508 Harvey Road. b. Approximately 28 acres of land generally located at Midtown Drive and Corporate Parkway in the Midtown Business Park. c. Property located within the Midtown Business Park. 2.3. Personnel {Gov't Code Section 551.074); Possible action. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session College Station, TX Page 1 Page 1 of 236 City Council discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a. City Attorney b. City Manager c. Council Self Evaluation 2.4. Economic Incentive Negotiations {Gov't Code Section 551.087); Possible action. The City Council may deliberate on commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the city which the City Council in conducting economic development negotiations may deliberate on an offer of financial or other incentives for a business prospect. After executive session discussion, any final action or vote taken will be in public. The following subject(s) maybe discussed: a. Economic development agreement with Corinth Group, Inc. b. Economic development agreement for a development within the Midtown Business Park relating to baseball fields. c. Economic development agreement for a development generally located at the intersection of University Drive and College Avenue. d. Economic development agreement for a development generally located at the intersection of Raymond Stotzer Parkway and State Highway 47. e. Economic development agreement with BCS Urban Living LLC for a property at the terminus of Castle Rock Parkway. 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 of a proclamation recognizing February 2026 as Black History Month. Sponsors: Barbara Moore Attachments: 1. 26 Black History 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, Page 2 February 12, 2026 Page 2 of 236 City Council ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concern shall be directed to the City Manager. 7. Consent Agenda. Presentation, discussion, and possible action on consent items which consist of ministerial or "housekeeping" items as allowed by law. A Councilmember may request additional information at this time. Any Councilmember may remove an item from Consent for discussion or a separate vote. 7.1. Presentation, discussion, and possible action of minutes for: • January 22, 2026 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM012226 DRAFT Minutes 7.2. Presentation, discussion, and possible action on the award of a construction contract in the amount of $683,000 to Brazos Valley L4, LLC for Concrete Joint Sealing and Minor Repairs. Sponsors: Emily Fisher Attachments: 1. 26-016 Tabulation 2. Brazos Valley L4 LLC Contract 26300269_VendorSigned 7.3. Presentation, discussion, and possible action on a construction contract award to D&S Construction, Inc. in the amount of $200,500 for Drainage Repairs on Graham Road and 600 Ivy Cove. Sponsors: Emily Fisher Attachments: 1. 26-028 Bid Tabulation 2. 26300292--KJ (CC 2.12.26) vendor signed 7.4. Presentation, discussion, and possible action on a contract with API National Service Group Inc, in the amount of $175,000 for fire inspections, monitoring, and repairs. Sponsors: Jennifer Cain Attachments: 1. API National Services Contract_VendorSigned 7.5. Presentation, discussion, and possible action on a deductive change order with Kieschnick General Contractors, Inc, in the amount of $557,172 for the McCulloch Water and Wastewater Rehabilitation Project. Sponsors: Jennifer Cain Attachments: 1. McCulloch Rehab Project - Closeout CO_VendorSigned 8. Workshop Agenda. 8.1. Presentation, discussion, and possible action on an update from the College Station Fire Department. Sponsors: Richard Mann Attachments: None 9. Regular Agenda. 9.1. Presentation, discussion, and possible action regarding a resolution of support of a proposal received in response to RFI 26-032 for the development of affordable housing in College Station through the Texas Department of Housing and Community Affairs 2026 Low Income Housing Tax Credit allocation process. Sponsors: David Brower Attachments: 1. Knoxwood Crossing Woda Cooper Companies College Station Affordable Housing RFI Page 3 February 12, 2026 Page 3 of 236 City Council 2. Knoxwood Organizational Charts 3. Tax Credit Support Resolution Knoxwood 10. Items of Community Interest and Council Calendar. Items of Community Interest and Council Calendar: The Council may discuss upcoming events and receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. 11. Council Reports on Committees, Boards, and Commissions. A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items. A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member's or City Staff's response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. 13. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. Executive Session is closed to the public. The City Council may according to the Texas Open Meetings Act adjourn the Open Meeting during the Consent, Workshop or Regular or Special Agendas and return into Executive Session to seek legal advice from the City Attorney regarding any item on the Workshop, Consent or Regular or Special Agendas under Chapter 551, Texas Government Code 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 February 5, 2026 at 5:00 p.m. oik 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, Page 4 February 12, 2026 Page 4 of 236 City Council 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. "Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre." Page 5 February 12, 2026 Page 5 of 236 February 12, 2026 Item No. 5.1. Black History Month Proclamation Sponsor: Barbara Moore, Assistant to the City Manager Reviewed By CBC: City Council Agenda Caption: Presentation of a proclamation recognizing February 2026 as Black History Month. Relationship to Strategic Goals: • Good Governance Recommendation(s): None. Summary: For Black History Month 2026, the theme is "A Century of Black History Commemorations," urges us to explore the transformative impact of these public observances in elevating the accomplishments of Black people in the modern world. Budget & Financial Summary: None. Attachments: 1. 26 Black History Month Page 6 of 236 ProcCcamation WHEREAS, for 100 years, our nation has officially recognized the achievements and contributions of Black Americans through national commemorations, a legacy started by Dr. Carter G. Woodson in 1926; and WHEREAS, the 2026 theme, "A Century of Black History Commemorations," urges us to explore the transformative impact of these public observances in elevating the accomplishments of Black people in the modern world; and WHEREAS, as we also commemorate the 250th anniversary of United States independence this year, we recognize that an accurate and all -encompassing history of our nation must also center the stories and struggles of Black Americans; and WHEREAS, Black history is American history, and its value lies in its resonance and truth, serving as a beacon for democracy and social progress; and WHEREAS, our community remains committed to honoring the trailblazers, leaders, and everyday citizens who have shaped the cultural, economic, and political fabric of our society. NOW, THEREFORE, I, John P. Nichols, Mayor of College Station proclaim and officially recognize February of 2026 as BCack History Month and urge all citizens to observe this month with appropriate programs, activities, and reflections and to continue our efforts to create a world that is more just, equitable and prosperous for all. IN WITNESS WHEREOF, I have set my hand an caused the seal of the City of College Station to be affixed this 22nd day of February 2026. John P. Nichols Mayor Attest: Tanya Smith City Secretary Page 7 of 236 February 12, 2026 Item No. 7.1. January 22nd Meeting Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • January 22, 2026 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM012226 DRAFT Minutes Page 8 of 236 MINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JANUARY 22, 2026 STATE OF TEXAS COUNTY OF BRAZOS Present: John Nichols, Mayor Council: Mark Smith William Wright, Mayor ProTem 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 Quorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Nichols via In -Person and Teleconference at 4:00 p.m. on January 22, 2026, 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, §551.086-Competitive Matters, and §551.087-Economic Development, and the College Station City Council convened into Executive Session at 4:00 p.m. on January 22, 2026, 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-1-GN- 24-005680 in the 200th District Court, Travis County, Texas; and 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. • 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. CCM 012226 Minutes Page 1Page 9 of 236 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • Construction Board of Adjustments • Zoning Board of Adjustments • City Secretary • City Attorney • City Manager • Council Self -Evaluation 2.4. Deliberation on a competitive matter as that term is defined in Gov't Code Section 552.133; to wit: • Power Supply 2.5. 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 relating to baseball fields. • Economic development agreement with College Station Town Center, LP. • Economic development agreement for a development generally located at the University Drive and College Avenue. • Economic development agreement for a development generally located at the Raymond Stotzer Parkway and State Highway 47. Business Park intersection of intersection of 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 6:40 p.m. 4. Pledge of Allegiance, Invocation, consider absence request. Invocation given by Rabi Peter Tarrow, College Station Police Department. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation recognizing the Texas A&M Women's Volleyball Team for winning the 2025 NCAA Championship. Mayor Nichols presented a proclamation to Coach Jamie Morrison and the Texas A&M Women's Volleyball Team for winning the 2025 NCAA Championship. 6. Hear Visitors Comments. No one signed up to speak at hear visitors. 7. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. CCM 012226 Minutes Page age 10 of 236 Item (7.4) was pulled for clarification. (7.4) Sam Rivera, IT Director, explained the replacement fund's role in planning for equipment replacement, from firewalls to laptops. Though there are capital and recurring funds, an IT replacement fund specifically covers these purchases. Projects are budgeted yearly, with this replacement entirely financed by the Replacement Fund. 7.1. Presentation, discussion, and possible action of minutes for: • January 5, 2026 Special Meeting • January 8, 2026 Council Meeting 7.2. Presentation, discussion, and possible action regarding the award of general services contracts for Vehicle Painting and Body Repair Services to Corn's Collision Center, Inc. for an amount not to exceed $200,000 annually, George's Paint and Body, LLC for an amount not to exceed $150,000 annually, and to BDS Body Works for an amount not to exceed $50,000 annually. 7.3. Presentation, discussion, and possible action on the award of contracts for temporary staffing services to Spherion Staffing, LLC and The Reserves Network, Inc. for a combined estimated annual expenditure not to exceed $300,000 based on projected service needs. 7.4. Presentation, discussion, and possible action regarding a subscription agreement with Kudelski Security Inc. for Pal Alto Networks firewall systems, hardware and support in the amount of $311,322. 7.5. Presentation, discussion, and possible action regarding the award of Bid 26-026, Electric Underground Distribution Bore Projects, to Sterling Global Industries, LLC for an amount not to exceed $1,537,561.67. 7.6. Presentation, discussion, and possible action regarding the disposition of the single-family home at 2700 Wilderness Drive South to Brazos Valley Community Action Programs in order to create an affordable rental opportunity. The home was purchased and rehabilitated with Community Development Block Grant (CDBG) funds totaling $325,000. 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. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action related to a Water Services Department annual update. Stephen Maldonado, Water Services Assistant Director, provided an annual update, providing an overview of historical and current operations, along with key priorities and planned actions. The presentation also highlighted the major initiatives in public outreach and water conservation. 2025 Highlights • Maintained our Superior Water Rating while delivering over 5 billion gallons of safe, reliable drinking water (-16,000 AFY) • Treated over 3.5 billion gallons of wastewater • Successfully resolved a major groundwater export dispute CCM 012226 Minutes Page I3age 11 of 236 • Initiated design and construction of Wells 10, 11, & 12 • Reduced per -capita water use to 117 GPCD - well below the State's 140 GPCD target Drought Monitoring • 2022-2023: Exceptional Drought Intensity 2022 - led to a drought disaster declaration 2023 - hottest year/summer on record Stage 1 Restrictions: 8/22 — 9/22 • 2024 & 2025: Largely drought -free ❖ Some severe intensity- late 2024 early 2025 Key Actions • Ongoing System Improvements ✓ Expand & Sustain Water Supply ✓ Replace Aging Pipelines ✓ Upgrade Wastewater Treatment Plant Systems • System Assessments ✓ 2026: Regional Pumping and Regulatory Analysis ✓ 2026: 5-Yr Comp Plan & W/WW Master Plan Updates ✓ 2027: Strategic Water Supply Plan • Strategies to Reduce Peak Water Demand: ✓ Promote Water Conservation ✓ Enhance Rebate Programs (e.g., smart/efficient irrigation) ✓ Explore Technologies (e.g., AMI) to help customers detect leaks and understand high water use in real time Jennifer Nations, Water Services Program Coordinator, outlined the tools and programs offered to help customers use water responsibly and share practical ways everyone can help. She stated that the water conservation goal is to reduce consumption and ensure a sustainable supply for future generations. Goals are focused on reducing water demand by having goals for average gallons per person per day consumption which are below the average for our type of community. Drought Contingency Plan • Year-round water use management when not in drought stage • Stage 1 — High Water Demand • Stage 2 — Severe Water Demand • Stage 3 — Extreme Water Demand • Stage 4 — Water Supply Emergency (sample schedule below) ✓ Triggered if water system fails or is contaminated; reached immediately ,t,C�5,,.t„ STAGE 1 DROUGHT 6 TLI[cFRNCF_S DEFINED IRRIGATION SCHEDULE The City of College Station's Stage 1 Drought Restrictions went into effect on Tuesday, Aug. 22 and apply to all customers receiving water service from College Station Water Services, WATER SCHEDULE MONDAY/THURSDAY TUESDAY/FRIDAY WEDNESDAY/SATURDAY SUNDAYITHURSDAY ADDRESS ENDS IN 0, 1, OR 2 3, 4, OR S; COMMERCIAL 6,7, ON 9; MULTIFAMILY. AND I1OA COMMON AREAS STAGE 1 WATERING PRACTICES: During stage 1, irrigation of landscaped areas with hose•end sprinklers or automatic irrigation systems needs to happen on a specific day based on address. NO WATERING between 10 a.m..6 p.m. Everyone following this schedule will help keep water towers full and the water system flowing! CCM 012226 Minutes Page rage 12 of 236 8.2. Presentation, discussion, and possible action regarding an overview of the Traffic Congestion and Mobility Analysis Study. Jason Schubert, Planning and Development, stated that the City of College Station started traffic congestion and mobility analysis in 2024. An initial presentation was given at the Council Workshop on August 8, 2024. The Planning & Development Services Department and Traffic Engineering Division, along with consultant TJKM, assessed 50 city intersections based on current and projected 2035 traffic conditions. Staff will present a summary of a citizen survey, review analysis results, and get feedback from the Council. The study finds intersections with current or expected operational issues and funding is unavailable for improvements except for a few ongoing capital projects. Surveys and Priority 2025 Citizen Survey Q1a. City Services That Are Most Important to Residents by percentage of respondents who selected the Hem as one of their top three choices P4. De pertinent wile% Fire Department services Maintaining streets and roads - Managing lrafic congestion Attractingbusires, end jabs Enforcing traffic laws prOgrama to retain & support existing businesses Managing with and enlisting se... Diking/walking facilities bbran services 11% • Managing traffic congestion has consistently ranked as a high service priority: ■ 2nd in 2019 Citizen Survey ■ 3rd in 2016 Citizen Survey Project Survey (926 responses) • 86% - responded that driving alone in a car is their primary means of transportation • 79% - strongly agreed or somewhat agreed they drive to work or school because they felt it is their only feasible option_ • Responded they would like to see these changes to improve traffic flow and safety: mere etiemete mutes Ortaitr fuses e. we, ng .n. 12% fl.aeme�r° i 339X� oeennatl,nn px.tdmd fl.e b.pp... Ocher(please speuir) Study Parameters • 50 Intersections Included • 25 on TxDOT roadways • 25 on City streets • Did not include those under construction or in design_ • Studied two scenarios: • Existing traffic conditions • Projected conditions in 2035 • Level of Service (LOS) D was used as acceptable standard. • Identify potential mitigation measures to resolve congestion issues_ LEGEND 0 Study Intersection CCM 012226 Minutes Page rage 13 of 236 Existing Conditions • 10 intersection failing LOS ▪ 8 on TxDOT roadways • 2 on City streets • The two City intersections are in design for improvements: • *us:Wiliam D. Fitch Pkwy at Pebble Creek Pkwy - Signal • #38: Holleman Dr. South at North Dowling Rd - Roundabout • Brazos County Transportation Bond from 2022 includes project on William D. Fitch Pkwy at Arrington Rd to SH 6_ 24 intersection failing LOS • 14 on TxDOT roadways • 10 on City streets TxDOT Corridors • Texas Ave (Business SH 6) • Harvey Mitchell Pkwy (FM 2818) • Wellborn Rd (FM 2154) ■ William Fitch Pkwy (SH 40) City Streets - most are on collector corridors such as: • Longmire Dr • Holleman Dr • Deacon Dr • Victoria Ave • Welsh Ave Mitigation Strategies and Next Steps • Minor strategies: ➢ Signal optimization ➢ Addition of turn lanes ➢ Extend turn lanes or lane reconfiguration • Major strategies: ➢ Change in traffic control such as adding traffic signals or roundabout ➢ Significant intersection redesign such as grade separations, displaced left or other innovative intersection configurations • Next Steps: ➢ On -going monitoring of performance and safety of intersections ➢ Obtain funding through MPO, TxDOT safety funds, or City unfunded project or bond CCM 012226 Minutes Page Oage 14 of 236 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2026- 4656 amending Appendix "A", "Unified Development Ordinance," Article 11, "Definitions," Section 11.2 "Defined Terms" of the Code of Ordinances of the City of College Station, Texas, regarding the definition of family. Heather Wade, Planning and Development, stated that this item pertains to an amendment of Appendix "A," "Unified Development Ordinance," Article 11, "Definitions," Section 11.2 "Defined Terms," specifically to revise the definition of family. Proposed Amendment to the Definition of Family • "Family: A family is any number of persons occupying a single dwelling unit, including but not limited to those related by blood, marriage, adoption or guardianship or dependency. The term family shall not be construed to mean a club, a lodge, or a fraternity/sorority house." At approximately 7:47 p.m., Mayor Nichols opened the Public Hearing. Ed Udell, College Station, mentioned he's been engaging with community to gather their opinions. They are questioning the ongoing definition of family and homeowners, concerned about potential pressures or legal implications of excluding new family types. There being no further comments, the Public Hearing was closed at 7:49 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Mcllhaney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2026- 4656, amending Appendix "A", "Unified Development Ordinance," Article 11, "Definitions," Section 11.2 "Defined Terms" of the Code of Ordinances of the City of College Station, Texas, regarding the definition of family. The motion carried unanimously. 9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2026- 4657 amending Chapter 107, "Impact Fees", Article II, "System -Wide Impact Fees", Section 107-73, "System -Wide Roadway Impact Fees", of the Code of Ordinances of the City of College Station, Texas, to amend the roadway impact fee collection rates. Anthony Armstrong, Planning and Development Services Director, explained that this is a Council requested item to discuss setting roadway impact fee collection rates to zero. He stated that impact fees are allowed under Local Government Code 395 as a charge or assessment imposed by a political subdivision against a new development in order to generate revenue for funding or recouping the cost of capital improvements or facility expansions necessitated by and attributable to the new development. Mechanisms to recover infrastructure costs required to serve future development are a one-time fee only assessed to new development and calculated from a portion of the CIP providing capacity for the new growth. The city first adopted roadway impact fees on November 10, 2016, with phased -in reduced rates. The statutory 5-year update was done on November 22, 2021, with the next one due in 2026. Amendments effectively January 1, 2022, raised residential development collection rates by 10% as of March 1, 2022. In July 2023, phased increases starting January 1, 2024, were approved, raising maximum recoverable revenue from 11% to 30% by 2026 with commercial rates staying the same. CCM 012226 Minutes Page Fage 15 of 236 Current Roadway Impact Fee Program Current ed Max lection Rate per Service Unit Impact Fee Rate Res Non -Res RoadwayA Roadway B Roadway C Roadway D Roadway Totals 5499 51.261 $2,127 $3,452 $499 $1,251* $1,541 $1,541 $80 $80 $80 $80 Total Estimated Recoverable Costs al Max Recoverable Cost at Capital Costs of IF Rate Collection Rate Projects (2021 - 2031) (2021-2031) * $13.9M $9.OM $3.4M $48.3 M $20.1M $ 5.9 M $ 78.2 M $25.6 M $8.9 M $ 74.4M $57.4M $5.7 M $215M $112.2M $23.7M poet_ "OILI.i5 3LIJLIS=-nent5. -cf prcleitss platted piicr to Jar .1rj 1. 2022, .r.e CCII60:,or, face is limited to the 2016 rnaxirnurn assessable rate of $1,072. Mr. Armstrong explained that the Roadway Impact Fee Service Area is within city limits and divided into four zones, following a 4-mile boundary. Fees collected must be spent within the collection zone on qualifying Capital Improvement Projects. Rates vary based on vehicle miles for different land uses. Initially a flat rate, the 2023 increase allowed rate variation across zones. Impact fees cover infrastructure costs needed for new developments, specifically additional capacity. Statistical data on benchmark cities' impact fees and building permit data from 2010-2025 were presented to council. Residential Permit Numbers 2010 - 2025 1,600 1,403 1,203 1,003 800 600 400 200 0 2010 2011 2012 Building Permit Trends by Unit Type 2013 2014 2015 2016 2017 2018 2013 2020 2021 2022 2023 — — - Single-F ay eled1reel — 11111/ir-,f $20,000 $18,000 $16,000 $14,000 $12,000 — 610,000 S8,000 $6,000 $4,000 52,000 5- Y �ior.Yfiame — — Tana.. Tend — — Multi(Mn�7ev Trend Year 1 1 419 54 m MEM MEM 578 179 22 806 1,585 423 61 443 112 435 136 Duple Ulf 2 228 Total Units 703 4 510 998 10 606 1,171 12 513 1.096 MOM MEM MELEE MEM MEM 1 m i 0 MEM 2024 2025 Duplex Nets Du FleeTrcef — - 1,0114Sidr,ri61 Units Trend 600 265 38 357 1.260 430 246 40 1,'115 2,051 325 191 46 1,364 1.926 375 75 22 551 1,023 330 23 56 144 562 428 55 26 655 1,164 612 76 26 955 1.669 527 64 24 363 978 410 47 20 277 754 472 107 22 764 1,365 531 245 56 1,150 1.982 466 121 51 629 1300 Roadway Impact Fees per Single Family Home �Q 4+0 Go\\¢a' �= • Maximum Roadway Impact Fee' • Adopted Roadway Collection Rate. — L a s 7 ,2q7.c3 ya s..e" CCM 012226 Minutes Page Page 16 of 236 The council appointed members to an Impact Fee Advisory Committee which discussed impact fees at meetings in 2025, with a final meeting on January 7, 2026. Written comments have been provided as per state law. At approximately 8:51 p.m., Mayor Nichols opened the Public Hearing. Veronica Morgan, College Station, highlighted previous discussions on impact fees and their effects on affordable housing. She believes that reducing roadway impact fees would lower housing costs and supports setting impact fees to zero, believing it would benefit the community. Chandler Arden, College Station, urged the Council to eliminate impact fees, arguing they make housing less affordable. He noted that every $1000 increase in home price can disqualify 100-150 buyers, impacting everyone from affordable to high -end markets. Mr. Arden believes that these fees also raise student rents, burdening families further. Dennis Maloney, College Station, urged the Council to keep impact fees in place. He stated that a decline in home permits can be attributed to the 2008 mortgage market crash, and current affordability is impacted more by loans hovering at 6%. He noted that from 1999 to 2024 single-family home prices rose by 40%, driven by inflation, labor, and material costs —not impact fees. He argued that homes sell at a price in any particular area driven by market forces, not impact fees. Mr. Maloney concluded if the council eliminates impact fees, then property taxes will need to increase to fund infrastructure. There being no further comments, the Public Hearing was closed at 9:01 p.m. MOTION: Upon a motion made by Mayor Nichols and a second by Councilmember Shafer, the City Council voted five (5) for and two (2) opposed, with Councilmembers White and Yancy voting against, to approve the roadway fees as they are for residential and commercial. The motion carried unanimously. 9.3 Presentation, discussion, and possible action regarding a resolution of support of a proposal received in response to RFI 26-032 for the development of affordable housing in College Station through the Texas Department of Housing and Community Affairs 2026 Low Income Housing Tax Credit allocation process. Item was pulled at the request of the applicant. 9.4. Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions. • Construction Board of Adjustments • Zoning Board of Adjustments • Aggieland Humane Society • Architectural Advisory Committee • Audit Committee • BCS Library Board • Design Review Board 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 the appointments of the Construction Board of Adjustments (CBA) as stated below. The motion carried unanimously. Construction Board of Adjustments (CBA) • Mark A. Hill (3-year term for Position 5) CCM 012226 Minutes Page Page 17 of 236 • Due to lack of applicants, CBA will remain open to receive applications. 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 the appointments of the Zoning Board of Adjustments (ZBA) as stated below. The motion carried unanimously. Zoning Board of Adjustments (ZBA) • Position 1 - Justin Collins (2-yr term) • Position 2 - Brittany Medizabal (2-yr term) • Position 4 - Alison Drouilhet (2-yr term) • Position 5 - Brian Young (2-yr term) • Alternate 2 - Andrew Arizpe (1-yr unexpired term) • Chair - James Hutchins MOTION: Upon a motion made by Councilmember Mcllhaney and a second by Councilmember White, the City Council voted seven (7) for and none (0) opposed, to approve the appointments of the Aggieland Humane Society as stated below. The motion carried unanimously. Aggieland Humane Society • Sean Dwyer, PD Manager (PD Member) • Dianne Marlow (3-yr term) 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 approve the appointments of the Design Review Board (DRB) as stated below. The motion carried unanimously. Design Review Board (DRB) • Susanne M. Krueger (3-yr terms for Position 3) • Cameron Nicole Gallucci (3-yr terms for Position 4) • P&Z Chair, Jason Cornelius (DRB Chair) MOTION: Upon a motion made by Councilmember Mcllhaney and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to approve the appointments as stated below. The motion carried unanimously. Architectural Advisory Committee (AAC) • Jeff Lednicky (2-yr term) Audit Committee • Danielle Carlson (2-yr terms) B/CS Library Board • Janice Epstein (2-yr terms) • Sharron Rosedahl (2-yr terms) 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 CCM 012226 Minutes Page 'Page 18 of 236 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. Councilmember Yancy made a note of extreme weather event expected to start tomorrow and urged citizens to utilize community resources if needed. Councilmember Wright urged the community to exercise patience while the "Big 6" TxDOT project is underway. Mayor Nichols made a note of recent sports related highlights in community. 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 Smith reported on BVSWMA. Councilmember Yancy reported on the BVCOG. 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member's or City Staff s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. Councilmember Mcllhaney requested an item on potential affordable housing opportunities. 13. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 10:15 p.m. on Thursday, January 22, 2026. John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary CCM 012226 Minutes Page 1rage 19 of 236 February 12, 2026 Item No. 7.2. Concrete Joint Sealing and Minor Repairs Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the award of a construction contract in the amount of $683,000 to Brazos Valley L4, LLC for Concrete Joint Sealing and Minor Repairs. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends awarding the contract to Brazos Valley L4, LLC. Summary: This contract is for joint sealing and minor repairs of concrete streets. Resealing joints of concrete streets will prolong the life of the concrete streets. Furthermore, small failures and distresses in concrete roads will be repaired, also prolonging the life of the street. ITB 26-016 Concrete Resealing and Minor Repairs was opened on November 11 th, 2025, with three (3) sealed competitive bids received. The bid scope consisted of approximately 57,000 linear feet of concrete street resealing and 25,000 square feet of minor concrete street repairs. The lowest responsible bidder was Brazos Valley L4, LLC at $683,000. Budget & Financial Summary: Funds are budgeted and available in the Roadway Maintenance Fund. Attachments: 1. 26-016 Tabulation 2. Brazos Valley L4 LLC_Contract 26300269_VendorSigned Page 20 of 236 GENE 2AL COSTRUCTION ITEMS Item Description No. City of College Station ITB 26-016 Concrete Resealing and Minor Repairs Bid Opening Tuesday, November 11, 2025 at 2:00p.m. CT Brazos Paving, Inc. Unit of Estimated Measure Quantity Unit Price Reseal concrete expansion and sawcutjoints, including cleaning existing joint, 1 reshaping reservoir, installing LF backer rod, and applying sealant. Traffic Control included. Minor concrete road repairs, 2 full panel replacement. Traffic SQFT Control included. 2 responses were deemed nonresponsive 57,000 25,000 Total Price Brazos Valley L4, LLC Unit Price Total Price Garret Shields Infrastructure, LLC. Unit Price Total Price $ 5.00 $ 285,000.00 $ 3.53 $ 201,210.00 $ 5.00 $ 285,000.00 $ 20.00 Grant Total $ 500,000.00 $ 785,000.00 $ 19.29 $ 482,250.00 $ 683,460.00 $ 20.00 $ 500,000.00 $ 785,000.00 Page 21 of 236 Ckff. CITY OF COT J.FGE STATION CONTRACT & AGREEMENT ROUTING FORM Home of Texas A&M University' CONTRACT#: 26300269 PROJECT#: 26-016 BID#:RFP#: Project Name /Contract Description: Concrete Resealing and Minor Repairs Name of Contractor: Brazos Valley L4, LLC CONTRACT TOTAL VALUE: $ 683,460.00 Grant Funded Yes No If yes, what is the grant number: 1 Debarment Check Section 3 Plan Incl. Yes Yes No No NEW CONTRACT RENEWAL # N/A Davis Bacon Wages Used ❑ Yes ❑ No0 N/A N/A Buy America Required Yes ❑ No0 N/A Transparency Report Yes I No Ix N/A CHANGE ORDER # OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ITB 26-016 opened on Novemberl lth, 2025 with three bids received. Funding is available in the Street Maintenance budget. (If required) * CRC Approval Date*: N/A Council Approval Date*: 2/12/26 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: OR/ Performance Bond: BW Payment Bond: BW Form 1295: BW SIGNATURES RECOMMENDING APPROVAL 1 /20/2026 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE LEGAL DEPARTMENT DATE ASST CITY MGR — CFO DATE APPROVED & EXECUTED DATE CITY MANAGER N/A MAYOR (if applicable) N/A DATE CITY SECRETARY (if applicable) DATE Original(s) sent to CSO on Scanned into Laserfiche on Original(s) sent to Fiscal on Page 22 of 236 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 Brazos Valley L4, LLC,. (the "Contractor") for the construction and/or installation of the following: As described in 26-016 ITB Concrete Resealing and Minor Repairs 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: Sixty- Eight Thousand Three Hundred Forty -Six and NO /100 Dollars ($ 68,346.00 ). 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: Six Hundred Eighty -Three Thousand Four Hundred Sixty and NO /100 Dollars ($ 683,460.00 ). 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 1 Page 23 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 2 Page 24 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 3 Page 25 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 4 Page 26 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 27 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 6 Page 28 of 236 (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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 17 Page 29 of 236 (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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 8 Page 30 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 31 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 10 Page 32 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 11 Page 33 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 12 Page 34 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 13 Page 35 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 14 Page 36 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 37 of 236 (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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 16 Page 38 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 17 Page 39 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 18 Page 40 of 236 (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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 41 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page20 Page 42 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 121 Page 43 of 236 that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 As a result of the difficulty in estimation, calculation and ascertainment of City's damages due to a failure of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the Work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Section 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of Zero and NO /100 DOLLARS ($ 0.00 ) 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page22 Page 44 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page23 Page 45 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page24 Page 46 of 236 (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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 25 Page 47 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page26 Page 48 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page27 Page 49 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 128 Page 50 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page29 Page 51 of 236 (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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Pagel30 Page 52 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page31 Page 53 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page32 Page 54 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page33 Page 55 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page134 Page 56 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page 35 Page 57 of 236 (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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page36 Page 58 of 236 (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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page37 Page 59 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page38 Page 60 of 236 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. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page39 Page 61 of 236 List of Exhibits A. Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule F. Schedule of Values BRAZOS VALLEY L4, LLC CITY OF COLLEGE STATION By: (1Lida. L L,bt By: City Manager Printed Name: Michael Lona Date: Title: Chniner Date: 1/18/2026 APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Contract No. 26300269 Construction Agreement Over $50,000 Form 4-20-23 Page40 Page 62 of 236 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 63 of 236 "General Decision Number: TX20250291 12/12/2025 State: Texas Construction Type: Highway Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 09/19/2025 1 12/12/2025 SATX2025-004 11/15/2023 Rates Fringes Agricultural Tractor Operator$ 19.14 0.00 Asphalt Distributor Operator $ 24.07 0.00 Asphalt Paving Machine Operator $ 22.12 0.00 Asphalt Raker $ 19.40 0.00 Boom Truck Operator $ 27.82 0.00 Broom or Sweeper Operator $ 18.09 0.00 Concrete Finisher, Paving and Structures $ 20.61 0.00 Concrete Pavement Finishing Machine Operator $ 22.81 0.00 Concrete Saw Operator $ 25.97 0.00 Crane Operator, Hydraulic 80 tons or less $ 29.24 0.00 Crane Operator, Lattice Boom 80 Tons or Less $ 26.47 0.00 Crane Operator, Lattice Boom Over 80 Tons $ 28.87 0.00 Crawler Tractor Operator $ 20.92 0.00 Directional Drilling Locator $ 21.39 0.00 Directional Drilling Operator$ 25.19 0.00 Electrician $ 30.54 0.00 Excavator Operator, 50,000 pounds or less $ 22.93 0.00 Excavator Operator, Over 50,000 pounds $ 22.90 0.00 Flagger $ 15.52 0.00 Form Builder/Setter, Structures $ 20.63 0.00 Form Setter, Paving & Curb $ 19.18 0.00 Page 64 of 236 Foundation Drill Operator, Truck Mounted $ 24.28 0.00 Front End Loader Operator, 3 CY or Less $ 20.33 0.00 Front End Loader Operator, Over 3 CY $ 20.20 0.00 Laborer, Common $ 17.52 0.00 Laborer, Utility $ 19.05 0.00 Loader/Backhoe Operator $ 20.32 0.00 Mechanic $ 26.15 0.00 Milling Machine Operator $ 21.73 0.00 Motor Grader Operator, Fine Grade $ 26.56 0.00 Motor Grader Operator, Rough $ 22.95 0.00 Off Road Hauler $ 17.52 0.00 Painter, Structures $ 23.76 0.00 Pavement Marking Machine Operator $ 22.00 0.00 Pipelayer $ 19.23 0.00 Reclaimer/Pulverizer Operator$ 19.05 0.00 Reinforcing Steel Worker $ 22.46 0.00 Roller Operator, Asphalt $ 20.24 0.00 Roller Operator, Other $ 17.52 0.00 Scraper Operator $ 17.52 0.00 Servicer $ 23.75 0.00 Sign Erector $ 17.52 0.00 Spreader Box Operator $ 19.31 0.00 Traffic Signal/Light Pole Worker $ 21.99 0.00 Truck Driver Lowboy Float $ 25.96 0.00 Truck Driver, Single Axle $ 19.70 0.00 Truck Driver, Single or Tandem Axle Dump Truck $ 20.91 0.00 Truck Driver, Tandem Axle Tractor with Semi Trailer $ 21.71 0.00 Welder $ 23.38 0.00 Work Zone Barricade Servicer $ 17.75 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Page 65 of 236 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. Note: Executive Order 13658 generally applies to contracts subject to the Davis -Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis -Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, 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 the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (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. Page 66 of 236 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 67 of 236 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 68 of 236 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. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 69 of 236 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 70 of 236 THE STATE OF TEXAS THE COUNTY OF BRAZOS THAT WE, PERFORMANCE BOND Bond No. C N B-26-0006038-00 Brazos Valley L4 LLC KNOW ALL MEN BY THESE PRESENTS: , as Principal, hereinafter called "Contractor" and the other subscriber hereto Insurors Indemnity Company . as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Six Hundred Eighty -Three Thousand Four Hundred Sixty and NO /100 Dollars ($ 683,460.00 ) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for As described in 26-016 ITB Concrete Resealing and Minor Repairs 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. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 71 of 236 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. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 72 of 236 Bond No, CNB-2.6-0006038-00 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) By: Name: Title: Date: Brazos Valley L4, LLC. (Name of Cora or) By: 77 Y . P Name: Mi,a0 Lw 1 SCfs January 22, 2026 FOR THE SURETY: ATTEST/WITNESS (SEAL) By: A ,u, Lryy, Name: Geri Lynn Mirabal Title: CSR Date: January 22, 2026 FOR THE CITY: REVIEWED: Title: MftiY Date: January 22, 2026 Insurors Indemnity Company (Full Name of Surety) P.O. Box 32577, Waco, Texas 76703 (Address of Surety for Notice) By: Name: David Satine Title: Attorney -in -Fact Date: January 22, 2026 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. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 73 of 236 THE STATE OF TEXAS THE COUNTY OF BRAZOS TEXAS STATUTORY PAYMENT BOND Bond No. CN B-26-0006038-00 § § § KNOW ALL MEN BY THESE PRESENTS: THAT WE, Brazos Valley L4 LLC called "Principal" and the other subscriber hereto Insurors Indemnity Company corporation organized and existing under the laws of the State of Texas , as Principal, hereinafter ,a , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Six Hundred Eighty -Three Thousand Four Hundred Sixty and NO /100 Dollars ($ 683,460.00 ) 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 22 day of January , 20 26 , for As described in 26-016 ITB Concrete Resealing and Minor Rebairs 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. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 74 of 236 Bond No.CNB-26-0006038-00 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) By: Name:i, Title: a047: Brazos Valley L4, LLC. (Name of Contractor) By: fe17/0ha-1 Name: 11 I 401 LM' 1 Title: Whir J4J hl'ii J Date: January 22, 2026 Date: January 22, 2026 FOR THE SURETY: ATTEST/WITNESS (SEAL) By: Name: Geri Lynn Mirabal Title: CSR Date: January 22, 2026 FOR THE CITY: REVIEWED: �.tdioca Insurors Indemnity Company (Full Name of Surety) P.O. Box 32577, Waco, Texas 76703 (Address of Surety for Notice) By: Name: David Satine Title: Attorney -in -Fact Date: January 22, 2026 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. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 75 of 236 POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-26-0006038-00 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 David Satine of the City of Dripping Springs, 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. Attest: Jet r?1,-.—,Acyu-t Tammy TiCperman, Secretary State of Texas County of McLennan INSURORS INDEMNITY COMPANY By: ��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 Tieperman, 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 Insurors Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and deed of the Company. I, h i t I • CNF.YENNC 4@t50EN Notary Public, State of Texas Jo.z°M 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. I, 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 1 have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 22nd, January 2026 Tammy Tiperman, 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 BONDDEPTeINSURORSINDEMNITY.COM. IIC 2-22-025 Page 76 of 236 INSUIVeRS Pt►ome 077 01f MOO 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.eov E-mail: ConsumerProtection iitdi.texas.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. 4 4 1 l Y .. 1 e 1^ Y♦• • PQ Sat 32577 Wit*, Ulan 76701-4200 Para obtener informacion o para someter una queja: Usted puede llamar 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.O. 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 companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.eov E-mail: ConsumerProtectionna.tdi.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 proposito de informacion y no se convierte en parte o condicion del documento adjunto. irs urorsi n d r1rn not jr.carn Page 77 of 236 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 78 of 236 AccoR o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1/9/2026 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 Hub International Insurance Services 13100 Wortham Center Dr Ste 100 Houston TX 77065-5629 INSURED Brazos Valley L4 LLC 2991 Clark Rd North Zulch TX 77872 COVERAGES CONTACT NAME: Alicia Edwards PHONE (A/C. No. Ext): 979-774-6522 E-MAIL ADDRESS: License#: BR-767175 INSURERA INSURER B I INSURER C I INSURER D I INSURER E I INSURER F BRAZVAL-62 alicia.edwards@hubinternational.com INSURER(S) AFFORDING COVERAGE : Kinsale Insurance Company : Progressive County Mutual : Texas Mutual Insurance Company FAX No): 979-774-5372 CERTIFICATE NUMBER: 1057373574 REVISION NUMBER: NAIC # 38920 29203 22945 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A COMMERCIAL GENERAL LIABILITY 0100344866 1/14/2026 1/14/2027 EACH OCCURRENCE CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO- JECT OTHER B AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY A X UMBRELLA LIAB EXCESS LIAB SCHEDULED AUTOS NON -OWNED AUTOS ONLY OCCUR CLAIMS -MADE DED RETENT ON $ c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A 976341556 0100344869 0002104625 1/10/2026 1/10/2027 1/14/2026 1/14/2027 1/10/2026 1/10/2027 DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE X PER OTH- STATUTE ER E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE E L DISEASE - POLICY LIMIT $ 1,000,000 $ 100,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 5,000,000 $ 5,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability policy provides Blanket Additional Insured, Primary & Non -Contributory, and Blanket Waiver of Subrogation when required by written contract. Auto Liability provides Waiver of subrogation when required by contract. Workers Compensation policies (Texas and All Other States) include Waiver of Subrogation when required by written contract. Excess Liability policy provides Additional Insured And Waiver of Subrogation that follows form on the above policies. The above policies provide for 30-day Advance Notice of Cancellation to Certificate Holder for reasons other than non-payment of premium. CERTIFICATE HOLDER CANCELLATION City of College Station Attn: Risk Management PO Box 9960 College Station TX 77842-9960 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 79 of 236 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Attached To and Forming Part of Policy 0100344866-0 Additional Premium: $o Effective Date of Endorsement 01/14/2025 12:01AM at the Named Insured address shown on the Declarations Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) Blanket, as required by written contract, executed prior to the start of work on the project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Named Insured Brazos Valley L4 LLC 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. Location(s) of Covered Operations Locations as required and specified by written contract, executed prior to the start of work on the project. 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 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Page 80 of 236 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. This endorsement shall not increase the applicable 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 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 Page 81 of 236 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Attached To and Forming Part of Policy 0100344866-0 Additional Premium: so Effective Date of Endorsement 01/14/2025 12:01AM at the Named Insured address shown on the Declarations Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Named Insured Brazos Valley L4 LLC Name of Additional Insured Person(s) or Organization(s) Location and Description of Completed Operations Blanket, as required by written contract, executed prior to Locations as required and specified by written contract, the start of work on the project. executed prior to the start of work on the project. 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 82 of 236 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Forming Part of Policy 0100344866-0 Additional Premium: $0 Effective Date of Endorsement 01/14/2025 12:01AM at the Named Insured address shown on the Declarations Return Premium: $0 This endorsement modifies insurance provided under the following: Named Insured Brazos Valley L4 LLC COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE PREMISES ENVIRONMENTAL LIABILITY INSURANCE COVERAGE ENVIRONMENTAL COMBINED LIABILITY POLICY - ALL COVERAGE PARTS The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5003 0717 Page 1 of 1 Page 83 of 236 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 01/08/2026 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 Service Insurance Group' Inc. NAME: Nick Lutz PO Box 5753 ON (A e. N Fv})• (9791774 3900 /A FAX N 1:(9791774-3955 3840 Corporate Center Dr A DARFss. Nick.Lutznsigbcs.com Bryan TX 77805-5753 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Brazos Valley L4, LLC 2991 Clark Road North Zulch COVERAGES INSURER A: Evanston Insurance Conran INSURER B : INSURER C : I INSURER D : IINSURER E : INSkarR CERTIFICATE NUMBER: Master REVISION NUMBER: TX 77872- 35378 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 SUBR POLICY EFF POLICY EXP I TR TYPE OF INSURANCE INSDL_pnin POLICY NUMBER IMM/DD/YYYY) (MM/nn/YVYVI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PRFMISPS (Fa nrri rrenrel $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ EACH OCCURRENCE $ AGGREGATE $ CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO LOC JECT OTHER AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB EXCESS LIAB DED RETENTION $ OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A COMBINED SINGLE LIMIT (Fa arrirfent) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per arririenfl PER OTH- RTATIITF FR E L EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Pollution Liability CPLMOL133429 08/04/202508/04/2026Limit $1,000,000 Aggregate $1,000,000 Deductible $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional insured status applies to Certificate Holder with regards to pollution liability policy, when such status is required by a written contract. CERTIFICATE HOLDER City of College Station Attn: Risk Management PO Box 9960 College Station ACORD 25 (2016/03) CANCELLATION AI 024876 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. TX 77842-9960 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 84 of 236 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. Specification load as a separate document on to Brazosbid.ionwave.net Contract No. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 85 of 236 EXHIBIT E CONSTRUCTION SCHEDULE Sustantial Completion is 90 days from notice to proceed. Contract No. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 86 of 236 EXHIBIT F SCHEDULE OF VALUES See attached Contract No. 26300269 Construction Agreement Over $50,000 Form 04-20-2023 Page 87 of 236 CONTRACTOR'S PROPOSAL AND ALTERNATES (if applicable) BID SUMMARY BID NO. 26-010 The Undersigned proposes to furnish all labor, services, materials, tools and necessary equipment for the construction of the Concrete Resealing and Minor Repairs and to perform the work required for the construction of said Concrete Resealing and Minor Repairs at the location set out by the Plans and Specifications, in strict accordance with the Contract Documents. Please type or write legibly in blue or black ink. A unit price is required for all bid items. If there are discrepancies between unit prices and totals, the unit price will prevail. Please initial all corrections and do not round totals. In submitting this Proposal, it is understood that this Proposal may not be altered or withdrawn for ninety (90) days, and that the Owner has reserved the right to reject any and all Proposals. The Undersigned certifies that this Proposal is made in good faith, without collusion or connection with any other person(s), partnership, company, firm, association, or corporation offering Proposals on this work, for the following sum or prices to wit: BASE PROPOSAL: Stipulated Total Bid of: ($ CALENDAR DAYS: Total number of calendar days to substantial completion is 90 days. RECEIPT OF ADDENDA ��� 1 hereby acknowledge receipt of the following Addenda: Vl CONTRACTOR NAME: bial)05 \!0 \1JJ L'' UL CONTRACTOR SIGNATURE: 26-016 FM Page 19 of 84 Concrete Resealing and Minor Repairs Page 88 of 236 GENERAL COSTRUCTION ITEMS rESTIMATESI Item No. Description 1 2 City of College Station !TB 26-016 Concrete Resealing and Minor Repairs Bid Opening Tuesday, November 11, 2025 at 2:00p.m. CT Reseal concrete expansion and sawcut joints, Including cleaning existing joint, reshaping reservoir, installing backer rod, and applying sealant. Traffic Control included. Minor concrete road repairs, full panel replacement. Traffic Control included. Unit of Estimated Measure puantity Unit Price Total Price LF 57,000 x 3.53 - - = $201,210.O0 SQFT 25,00D x 19.29 = $482,250 00 Grant Total $683,460.00 Page 89 of 236 February 12, 2026 Item No. 7.3. Minor Drainage Repairs at Graham Road and 600 Ivy Cove. Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a construction contract award to D&S Construction, Inc. in the amount of $200,500 for Drainage Repairs on Graham Road and 600 Ivy Cove. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends awarding the contract to D&S Contracting Inc. Summary: During routine and post -storm drainage inspections, infrastructure has been identified as deficient and in need of replacement. This contract is for the replacement of drainage infrastructure under Graham Road and at 600 Ivy Cove. Invitation to Bid 26-028 was opened on December 17, 2025, with one bid received. D&S Construction Inc. was the only responsible responder with a bid of $200,500.00. Budget & Financial Summary: Funds are budgeted and available for small drainage projects in the Drainage Utility Fund. Attachments: 1. 26-028 Bid Tabulation 2. 26300292--KJ (CC 2.12.26) vendor signed Page 90 of 236 (V ifiqiii CITY OF COLLEGE STATION 4 1 LS NOTES: City of College Station - Purchasing Division Bid Tabulation for #26-028 "Drainage Repairs" Open Date: Wednesday, December 17, 2025 @ 2:00 p.m. D&S Contracting Inc. ITEM OTY UNIT dirDESCRIPTION UNIT PRICE TOTAL PRICE CATEGORY 1 1 LS Remove and replace 18" RCP ( Graham Rd) $125,000.00 $125,000.00 2 1 LS Remove 18" RCP and Replace with 18" HDPE (600 Ivy Cove $47,000.00 $47,000.00 3 1 LS Detailed TCP for Graham Rd. Pipe Repair $8,500.00 $8,500.00 Mobilization, traffic control, permits, environmental compliance and final engineering inspection with hydraulic testing CATEGORY - TOTAL $20,000.00 $20,000.00 $200,500.00 Page 1 of 1 Page 91 of 236 vp- Crny ol• Co] L W'. SIM EO CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: 26300292 PROJECT #: SD1701 BID/RFP/RFQ#: 26-028 Project Name / Contract Description: Drainage Repairs at Graham Rd. & 600 Ivy Cove Name of Contractor: CONTRACT TOTAL VALUE: Debarment Check Section 3 Plan Incl. ■ NEW CONTRACT Yes Yes D&S Contracting Inc. $ 200, 500.00 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) This contract is to repair storm pipe under Graham Rd. and to replace storm pipe at 600 Ivy Cove. Funding is available in account ( SD1701 39129971-6561) (If required) * CRC Approval Date*: N/A Council Approval Date*: 02.12.2026 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: OR/ Performance Bond: KJ Payment Bond: KJ 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 N/A MAYOR (if applicable) DATE N/A CITY SECRETARY (if applicable) DATE 9.12.23 UPDATED Page 92 of 236 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 D&S Contracting, Inc. (the "Contractor") for the construction and/or installation of the following: as described in ITB 26-028 Drainage Repairs 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: Twenty Thousand Fifty and NO /100 Dollars ($ 20,050.00 ). 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: Two Hundred Thousand Five Hundred and NO /100 Dollars ($ 200,500.00 ). 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 1 Page 93 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 2 Page 94 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 3 Page 95 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 4 Page 96 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 97 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 6 Page 98 of 236 (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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 17 Page 99 of 236 (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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 8 Page 100 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 9 Page 101 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 10 Page 102 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 11 Page 103 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 12 Page 104 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 13 Page 105 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 14 Page 106 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 107 of 236 (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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 16 Page 108 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 17 Page 109 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 118 Page 110 of 236 (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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 119 Page 111 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page20 Page 112 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Pagel21 Page 113 of 236 that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 As a result of the difficulty in estimation, calculation and ascertainment of City's damages due to a failure of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the Work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Section 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of ZERO and NO /100 DOLLARS ($ 0.00 ) 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 22 Page 114 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page23 Page 115 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page24 Page 116 of 236 (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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 25 Page 117 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page26 Page 118 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page27 Page 119 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 128 Page 120 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page29 Page 121 of 236 (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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Pagel30 Page 122 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page31 Page 123 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page32 Page 124 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page33 Page 125 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 134 Page 126 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page 35 Page 127 of 236 (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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page36 Page 128 of 236 (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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page37 Page 129 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page38 Page 130 of 236 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. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page39 Page 131 of 236 List of Exhibits A. Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule F. Schedule of Values D&S CONTRACTING, INC. CITY OF COLLEGE STATION By: Vt,GuA,t- (ftt0V1 ¶milt, By: City Manager Printed Name: DeAnne Moore Smith Date: Title: Pracirlant Date:1 /14/2026 APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Contract No. 26300292 Construction Agreement Over $50,000 Form 4-20-23 Page40 Page 132 of 236 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 133 of 236 11/25/25, 8:52AM SAM.gov "General Decision Number: TX2O25O234 11/21/2025 Superseded General Decision Number: TX2O24O234 State: Texas Construction Type: Building County: Brazos County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). 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 03/07/2025 https://sam.gov/wage-determination/TX20250234/5 Page 134 of N6 11/25/25, 8:52AM SAM.gov 2 03/14/2025 3 05/16/2025 4 09/19/2025 5 11/21/2025 BOILOO74-003 01/01/2025 Rates Fringes BOILERMAKER $ 33.17 24.92 ELEV0031-003 01/01/2025 Rates Fringes ELEVATOR MECHANIC $ 53.59 38.435+a+b FOOTNOTES: A. 6% under 5 years based on regular hourly rate for all hours worked. 8% over 5 years based on regular hourly rate for all hours worked. B. Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Friday after Thanksgiving Day; Christmas Day; and Veterans Day. ENGIO178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane $ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under $ 32.35 13.10 IRONOO84-011 06/01/2024 Rates Fringes IRONWORKER, ORNAMENTAL $ 28.26 8.13 PLUMOO68-002 10/01/2024 Rates Fringes PLUMBER $ 39.98 11.61 * PLUMO211-002 10/01/2025 Rates Fringes PIPEFITTER (HVAC Pipe Installation Only) $ 42.09 12.96 PLUMO286-011 09/01/2025 Rates Fringes PIPEFITTER (Excludes HVAC Pipe Installation) $ 37.15 16.92 https://sam.gov/wage-determination/TX20250234/5 Page 135 of At 11/25/25, 8:52AM SAM.gov SHEEOO54-002 04/01/2020 Rates Fringes SHEET METAL WORKER (HVAC Duct Installation Only) $ 29.70 13.85 SUTX2O14-009 07/21/2014 Rates BRICKLAYER $ 20.00 CARPENTER, Excludes Form Work$ 14.56 CEMENT MASON/CONCRETE FINISHER$ 14.68 ELECTRICIAN $ 22.96 FORM WORKER $ 11.83 ** ** ** Fringes 0.00 0.00 0.00 4.83 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 13.35 ** 0.00 IRONWORKER, STRUCTURAL $ 20.74 5.25 LABORER: Common or General $ 11.57 ** 0.00 LABORER: Mason Tender - Brick$ 10.96 ** 0.00 LABORER: Mason Tender - Cement/Concrete $ 9.93 ** 0.00 LABORER: Pipelayer $ 12.49 ** 2.13 LABORER: Roof Tearoff $ 11.28 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 14.33 ** 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 ** 0.00 OPERATOR: Bulldozer $ 18.29 1.31 OPERATOR: Drill $ 16.22 ** 0.34 OPERATOR: Forklift $ 15.00 ** 0.00 OPERATOR: Grader/Blade $ 14.34 ** 1.68 OPERATOR: Loader $ 14.01 ** 0.44 OPERATOR: Mechanic $ 17.52 ** 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 ** 0.00 OPERATOR: Roller $ 13.11 ** 0.00 PAINTER (Brush, Roller, and https://sam.gov/wage-determination/TX20250234/5 Page 136 of z6 11/25/25, 8:52AM SAM.gov Spray) $ 13.14 ** 0.00 ROOFER $ 13.75 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 14.62 ** 0.00 TILE FINISHER $ 11.22 ** 0.00 TILE SETTER $ 14.74 ** 0.00 TRUCK DRIVER: Dump Truck $ 11.97 ** 1.23 TRUCK DRIVER: Flatbed Truck $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck $ 12.50 ** 0.00 TRUCK DRIVER: Water Truck $ 12.00 ** 4.11 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)). 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 https://sam.gov/wage-determination/TX20250234/5 Page 137 of6 11/25/25, 8:52AM SAM.gov 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: PLUMO198-005 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: SUFL2O22-007 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 https://sam.gov/wage-determination/TX20250234/5 Page 138 of z6 11/25/25, 8:52AM SAM.gov 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 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 https://sam.gov/wage-determination/TX20250234/5 Page 139 of fl6 11/25/25, 8:52AM SAM.gov 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/TX20250234/5 Page 140 of /g6 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. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 141 of 236 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 142 of 236 PERFORMANCE BOND Bond No.54268469 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, D&S Contracting Inc , as Principal, hereinafter called "Contractor" and the other subscriber hereto United Fire & Casualty Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of two hundred thousand five hundred dollars and 00 /100 Dollars ($ 200,500.00 ) 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 11'13 26-028 Drainage Repairs 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. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 143 of 236 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. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 144 of 236 Bond No.54268469 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not corporation) By: Name: Si ,v\vAF,1 6. Srr‘,%in Title: S QsAt..+A.4()/ Date: February 12, 2026 FOR THE SURETY: ATTEST/WITNESS (SEAL) By: 1 �� Name: Title: Date: Mean Accouth Exrr , d-;ye. February 12, 2026 FOR THE CITY: REVIEWED: (Name of Contractor) By: D&S Contracting Inc Name: 414,,,, /i/t06„ ar-int. nn (Wive, Mire &n Title: tre,-"ii Date: February 12, 2026 United Fire & Casualty Company (Full Name of Surety) 118 Second Ave SE Cedar Rapids, IA 52401 (Address of Surety for Notice) By: Nickolas Robert Lutz, III Name: Title: Attorney in Fact Date: February 12, 2026 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. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 145 of 236 Ufge NSURANCE UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United. Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint BRADLEY HURT, RODNEY HURT, NICKOLAS ROBERT LUTZ III, ANGELA YVONNE DEAN, EACH INDIVIDUALLY their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,. undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $10, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the3rd day of November , 2025 unless sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards ofDirectors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by ,written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other oflicer of the Companies may at any time revoke ,elf! power and authority previously given to any attorney -in -fact. Illllllllll\\\ State of Iowa, County of Linn, ss: IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 3rd day of November , 2023 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE. COMPANY By: 4,r.4.•-ZG , Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 Vice President On 3rd day of November, 2023, before me personalty came Kyanna M. Saylor to me known, who being by me duly sworn, did depose and say; that she resides in Cedar Rapids, State of Iowa; that she is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signed her name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Notary Public My commission expires: 04/23/2027 I, Mary A_ Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correet transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In:testitnony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this day of 9-40ruar.l , 2o�t ,,�, mush, h?i'�� pO���woelyN �G� 0° tNigN'% : ` '' 2VPPPQRIyy,� %na ' BPOA0045 122017 Judith A. Jones Iowa Notarial Seal Commission number 173041 My Commission Expires 04/23/2027 Assistant Secretary, UF&C & OF&l & FP1C- This paper has a colored background and void pantograph. Page 146 of 236 TEXAS STATUTORY PAYMENT BOND Bond No.54268469 THE STATE OF TEXAS THE COUNTY OF BRAZOS THAT WE, D&S Contracting Inc KNOW ALL MEN BY THESE PRESENTS: , as Principal, hereinafter called "Principal" and the other subscriber hereto United Fire & Casualty 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 two hundred thousand five hundred dollars and 00 /100 Dollars ($ 200,500.00 ) 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 12 day of February , 20 26 , for ITB 26-028 Drainage Repairs 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. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 147 of 236 Bond No, 54268469 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) B4J16/1 y: Name: A -nu o_I S.Srn;41,1 Title: 5 1,,1112.-zArst Date: February 12, 2026 FOR THE SURETY: ATTEST/WITNESS (SEAL) By: Name: ea Title: YU v( Acco1ll k E ak.-t Date: February 12, 2026 FOR THE CITY: REVIEWED: (Name of Contractor) By: D&S Contracting Inc Name: l v- arm. Ant Moro., Sn.,-Fh Title: PCQ,f Date: February 12, 2026 United Fire & Casualty Company (Full Name of Surety) 118 Second Ave SE Cedar Rapids, IA 52401 (Address of Surety for Notice 1 By: Nickolas Robert Lutz, III Name: Title: Attorney in Fact Date: February 12, 2026 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. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 148 of 236 ufot�NSURANCE Notary Public My commission expires::04/212027 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have her unto subscribed my name and affixed the corporate seal of the said Corporations. ',,o UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, IX FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United. Fire & Casualty Company, a corporation duly organized and exiting under the laws of the State of Iowa; United. Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint BRADLEY HURT, RODNEY HURT, NICKOLAS ROBERT LUTZ III, ANGELA YVONNE DEAN, EACH INDIVIDUALLY their true and lawful Attorneys) -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shalt exceed $10, 000 , 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the8t h day of October , 2027 unless sooner revoked by United Fire & Casualty Company, united Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article V'I — Surety Bonds and [undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instnunents of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomeys-in-fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke alt power and 'authority previously given to any attorney -in -fact. ,111111tI,Ij s\\01•1:4M //Ili NIT CORPORATE -•- SEAL State of Iowa, County of Linn, ss: Vice President 0n 8th day of October, 2025, before me personally came Kyanna M. Saylor to me known, who being by me duly sworn, did depose and say; that she resides in Cedar Rapids, State of Iowa; that she is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signedher name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Judith A. Jones Iowa Notarial Seal Commission number 173041 My Commission Expires 04/23/2027 this jai. _ day of 001111111/1/4, •0.-1tGiM,y j PP " o%.= a / $ coaroRATF t - W CORPORATE SEAL 0IIIIIt440 Inquiries: Surety Department 18 Second AceSE Cedar Rapids, IA 52401 IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this gt h day of October , 2025 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By: 40,.../f By: _! 7jagd' Assistant Secretary. UF&C &.UF&l & FPEC BPOA0045 122017 This paper has a colored background and void pantograph. Page 149 of 236 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 150 of 236 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 01/13/2026 PRODUCER INSURED 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). CONT NAMEACT Angle Dean (a r. N Fvf) (9791774-3900 /A c, N 1:(9791774-3955 O A DARFss• angie.dean )sivbcs.com Service Insurance Group, Inc. PO Box 5753 3840 Corporate Center Dr Bryan D&S Contracting, Inc. P.O. Box 9100 College Station TX 77805-5753 TX 77842- INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Texas Mutual Ins Co 22945 INSURER B :Bitco National Insurance Company 20095 INSURER C : I INSURER D : IINSURER E : INSUB P COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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 SUBR POLICY EFF POLICY EXP I TR IySILAAIn POLICY NUMBER IMM/DD/YYYY) (MM/nn/YVYVI LIMITS TYPE OF INSURANCE B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X Blanket Addl Insured X Blanket Waiver Sub GEN'L AGGREGATE LIMIT APPLIES PER X POLICY X PRO- JECT OTHER B AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY B X UMBRELLA LIAB EXCESS LIAB DED X X LOC SCHEDULED AUTOS NON -OWNED AUTOS ONLY X RETENTION $ OCCUR CLAIMS -MADE 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS halow B Contractors Equipment B Leased/Rented Y/N N N/A X CLP3758103 05/16/202505/16/202E X CAP3758102 CUP3758104 0001179916-3 CLP3758103 CLP3758103 05/16/202505/16/2026 EACH OCCURRENCE DAMAGE TO RENTED PRFMISPS (Fa nrri rrenral MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per arrirlenfl 05/16/202505/16/2026 EACH OCCURRENCE 05/16/202505/16/2026 AGGREGATE X PER RTATI ITF OTH- FR E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 05/16/2025 05/16/2026 Owned 05/16/202505/16/2026Any One Piece 1.000.000 100.000 5.000 1.000,000 2,000,000 2.000.000 1,000,000 5.000.000 5,000.000 $ 1,000,000 $ 1,000,000 $ 1,000,000 Per Schle $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Blanket Additional Insured and Blanket Waiver of Subrogation on all policies in favor of the certificate holder and any others as required by written contract. General Liability is Primary and Non-contributory. CERTIFICATE HOLDER City of College Station Risk Management PO Box 9960 College Station TX 77842- CANCELLATION AI 024891 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 151 of 236 exasMutuar WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC420304B 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 5/16f25 at 12:01 a.m. standard time, forms a part of: Policy no. 0001179916 of Texas Mutual Insurance Company effective on 5/16/25 Issued to: D & S CONTRACTING INC This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650 /06*, 4)044 Authorized representative 5/12/25 WC420304B Page 152 of 236 TITS ENDORSEIVENT CHANCES THE POLICY. PLEASE READ IT ALLY. EXTEIZED LIABILITY COVERAGE This endorsement n roc fies insurance provided under the following: COMVfERCtAL GENERAL LIABILITY COVERAGE FORM it Is agreed that the provisions listed below apply only upon the entry of an X I in the box nod to the cation of such provision, A I XI Broad Form Named insured F. X f Coverage Territory Broadened B, I X 1 Bodily Injury Extension G. n Medical Payments - Increased Units G (X1 Employee As Insureds - Health Care Services H. j Xj Expanded Expected or Intended Exception f3 n Non -Owned Watercraft liability I. n Properly Perils Legal Liability E. X Liberalization J. X I Broadened Supplementary Payments A. BROAD FORM NAND INSURED SECTION II - WHO IS AN ICED , Paragraph 3 is deleted and replaced by the following: 3. Any organization you newly acquire or form, except for a partnership, joint venture or limited liability company, and over which you maintain majority ownership or interest (51% or more) or for Which you have assumed the active dement, will qualify as a Named Insured If there is no other similar insurance available to that organization. However: a. Coverage under this provision Is afforded only until the end of the policy period or the 12 month anniversary of the policy Inception date, whichever Is earlier; b. Coverage A does not apply to "bodily Injury' or "property damage" that occurred before you enquired or formed the organization; c. Coverage B does not apply to "personal and advertising injury' arising out of an offense con/Tilted before you acquired or fanned the organization. B. BODILY INJURY EXTENSION SECfON V - DEFINITIONS , Paragraph 3, Is deleted and replaced by the following: 3. "Bodily injury' means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these, at any time. Mantal anguish means any type of mental or emotional illness or disease. EIVPLOYEES AS INSUREDS - HEALTH CARE SERM GES SECTION II -WHO IS AN INS1J1ED , Item 2.a.(1)(d) Is deleted. • GL-27e4- TX (o9111) . ... - . Page 153 of 236 D. NON-OVVNED WATERCRAFT LIABILITY SECTION! - COVERAGES1 COVERAGE A, 2. EXCLUSIONS ,Item g.(2) Is replaced with: (2) A Watercraft you do not own that Is: (a) Less than 51 feet long; and (b) Not being used to cany peons or properly for a charge. E, LIBERALIZATION SECTION COMMIS , is amended to Include: 10. liberalization If we adopt a change In our forms or rules 'which would broaden the coverage of this policy without an additional premium charge, the broader coverage will apply. ins extension is effective upon the approval of such broader coverage in your state of domicile. E.COVERAGE TERITIORY BROADENED SECTION V - DEFINITIONS , Item Alsa. is replaoed w4th: a The United States of America (including its territories and possessions), Canada, 13enruda, the I3ahamas, the Cayman Islands, Wish Virgin islands and Puerto Rco. G. NEDICAL PAYNENIS - INCREASED UNITS Unless COVERAGE c - IVEACAL PAYMENTS Is excluded from this policy SECTION I - COVERAGES , Coverage C, Insuring Agreement , Item c. Is added: c. The medical expense limit provided by this policy shall be the greater of: (1) $10,000; or (2) The amount shown in the declarations. H. EXPANDED EXPECTED or INTENDED EXCEP11ON SECTION I - COVERAGES , 2. Exclusions Item a. is amended as follows: a. Expected or Intended Injury - "bodily Injury" or "property damage" expected or Intended from the standpoint of the insured. This exclusion does not apply to "bodily injuif or "property damage" resulting from the use of reasonable force to protect persons or property. I. PROPERTY PERILS LEGAL UABILITY A SECTION 1 - COVERAGES, COVERAGE A, 2. Exclusions, the last paragraph following exclusion q. Is replaced with: Exclusion o. through n., do not apply to donne by fire, explosion, smoke, water damage, sprinkler leakage, or lightning to premises while rented to you or temporarily occupied by you • • • • - G4-27/34-TX (09/11) • Page 154 of 236 with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III UNITS OF' INSURANCE . B. SECTION I11- LINTS OF INSURANCE , Item 6. is replaced with; 6, eject to 5. above, the Damage to premise Rented to You Unit Is the most we will pay under co net ge A for damages because of "prooerty damage" to any one premises Mile rented to you, or in the case of damages by f re, explosion, snake, water damage, sprinkler leakage or lightning, while rented to you or temporarily occupied by you with the permission of the owner, arising out of any one fire, explosion, stroke, water damage, sprinkler leakage or lightning Incident. The Damage io Premises Rented to You Limit provided by this policy shall be the greater of; 1. $300,000 or 2. The amount shown in the declarations. C, SECTION IV » CCIVIVERCIAL GENERAL LIABILITY COMMONS, Item q,b.(1)(a)(it) Is replaced with: (II) That is fire, explosion, smoke, water damage, sprinkler leakage or lightning Insurance for premises vvh le rented to you or temporarily occupied by you with the permission of the avuzer, D. SECTION V-DFFIM11C IS , Item 9,a.Isreplacedwith: a. A contract for a lease of premises, However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion, smoke, water damage, sprinkler leakage or lightning to prerrixe while rented to you or tenporariiy occupied by you with the pennission of the owner Is not an "insured contract." J. BROADENED SUPPLEMENTARY PAYNENtS SECTION 1 - COVSIAGES, SUPPLEMENTARY •PAYMENTS - Coverages A and B, Item 1.b. and 1.d are replaced with: 1.b. The cost of WI bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. Wa do not have to furnish these bonds, 1.d. Al reasonable expenses incurred by the Insured at our request to assist us in the Investigation or defense of the claim or "suit," Including actual loss of earnings up to $500 a day because of time of from work - - eL 2784--TX (O9/11) -a- Page 155 of 236 VAS EMQRSENENT CHANCES THE POLICY PLEASE READ TT CAREFULLY. ILLY. LAND INPROVEIVEVf CONTRACTORS EXTENDED LUABIUNCOVERAGE This endorsement modifies insurance provided under the following: CO VWERCIAL GENERAL LIABILITY COVERAGE FORM It Is agreed that the provisions i€sted below apply only upon the entry of an K ( In the box next to the caption of such provision. A D. E G. H. 1. J. L, A I X I EX 1 Partnership and Joint Venture Extension Contractors Automatic Additional Insured Coverage --Ongoing 4erat€ons AutomatioWalver of Subrogation Extended Notice of Cancellation, Nonreneval Unintentional Failure to Disclose Hazards Broadened Mobile Equipment Personal and Advertising Injury . Contractual Coverage 1\bnerrploymarat L scrirrination Liquor Liability Broadened Conditions Autorraatlo Additional insureds — E:tulpment Leases Insured Contract Extension, Railroad Property and Construction Contracts PAFITNERSHIP ATE JOINT li~ENTURE EXTENSION The following provision Is added to SECTION 11- WHO IS AN INSURED The last full paragraph Mich reads as follows: No person or organization Is an insured with respect to the conduct of any anent or past partnership, joint venture or lirrited liability company that is not shown as a Named Insured in the Declarations Is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Nand Insured in the Declarations and of tiich you are or were a partner or member, you are an insured, but only v.ith respect to Liability arising out of your wort{' en behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability Insurance Is available to you for 'four work' in connection with your interest In such partnership or joint venture. X X X x G14:308811019) ;1= M. fj Construction Project General Aggregate Urrits Fellow Employee Coverage Care, Custody or Control Electronic Data Liability Coverage Consolidated insurance Program Residual Liability Coverage Automatic Additional Insureds— Mergers or Lessors of Premises Ix (X IXI Automatic Additional Insureds -- State or Govemrr ntal Agenoy or Political Subdivisions Pemits or Authorizations Contractors Automatic Additional Insured Coverage — Completed Operations Additional Insured -- Engineers, Architects or Surveyors Page 156 of 236 B. CONTRACTORS AUTo MAi1CADCmO tAL INSURED CQVERAGX--ONGUNGOPERATIONS SECTION II -1MHO IS AN INSURED is amended to Include as an additional Insured any person or organization who Is required by written contract to be an additional insured on your policy, but only with respect to !lability for "bodily Injury', "property damage" or "personal and advertising Injury' caused, In whole or In part, by: 1. Your Ms or omissions; or Z The acts or omissions of those acting on your behalf, In the performance of your ongoing operations for the additional insureds) at the project(s) designated in the written contract, Wth respect to the Insurance afforded to these additional Insureds, the following additional exclusions aPP1Y: This Insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, or equipment furnished In connection with such work, on the project other than service, t�Menance or repairs) to be performed b or on behalf of the additional insured(s) at the location of the covered operations has been oenpleted; 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 perfomring operations for a principal as a part of the same project. This Insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this Insurance to be primary In that event, this Insurer -re will be primary relative to Insurance policy(s) which designate the additional insured as a fed Insured in the Declarations and we will not require contribution from such Insurance If the written contract also requires that this insurance be noncontributory. But with respect to all other Insurance under which the additional Insured qualifies as an insured or additional insured, this Insurance will be excess. a AUTOMATIC WAIVER OFSUf3ROCYA1110N Item 8. of SECTION IV - CAMVER IAL GENERAL LIABILITY commons, is deleted and replaced with the following: 8, Transfer of Rides of Recovery Against Others to Us and Automatic Waiver of Subrogation, a. If the insured has rights to recover all or pats of any payment we have made under this Coverage Form, those rights are transferred to us. The Insured must do nothing after ions to Impair those rights. At our request, the Insured MI bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your warm' for that person or organization. D. MEWED NOTICE OF CANCELLATION, NOVElsEWAL Item AZb, of the COMMON POLICY CONDITIONS , Is deleted and reptaoed with the following: A2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Gt 3088 (10/19)..__....- _2; Page 157 of 236 Item 9. of SECTION IV - SAL COAL. MAIM COMMONS Is deleted and replaced with the following: 9. 1M-EN WE DO NOT } NEW a. If we choose to nonrenew this policy, we will mall or deliver to the first Named insured shown in the Declarations written notice of the nanrenewai not less than 60 days before the expiration date, b. If we do not give notice of our intent to nonrenew as proscribed in a above, it Is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Were not otherwise prohibited by law, the existing terms, conditions and rates Wil remain In effect during that extension period. It Is futiher agreed that so long as It Is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the Insured as a result of our failure to give the notice as prescribed in 9. a. above. E, 1.HNTFNTIoNAL FAILS TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fall to disclose all such hazards at the Inception dale of your policy, wa will not deny coverage under this Coverage Fordo because of such failure. F. BROADENED ED MOBILE EQIJIPIVENr Item 12.bn of SECTION V- DEFIKInoWS , is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy, G. PERSONAL AM ArNERT1SINGINJURY- CON1RACMAL COVERAG Exclusion 2e. of SECi1ON I, COVERAGE 0 is deleted. FL NONEVPLOYIVENTDISCEMNATION Unless "personal and advertising Injury' is excluded from this policy: Itern '14. of SECTION V- DEFINITIONS , Is amended to Include: "Personal and advertising injury also means embarrassment or humiliation, mental or emotional distress, ph dal illness, physical inpaimrent, loss of earning rapacity or monetary loss, which Is caused by "discrimination." SEc11ON V- DEFINTIONS , Is amended to Include: "Discrimination" means the unlawful treatment of Individuals based on race, color, ethnic origin, age, gender or religion, Item 2= Exclusions of SECTION I, COVERAGE B , Is amended to include: "Personal and advertising Injury' arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person ar dass of persons by any insured; "Personal and advertising injury arising out of "discrimination' by or at your, your agents ar your „employees' direction or with your, your agents or your "employees" knowledge or consent; Page 158 of 236 "Personal and advertising injury' arising out of "dfscxirrination" directly ar indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dtu�allirxf, permanent lodging or premises by or at the erection of any insured; ar Fines, penalties, spedlto perfonmnoe or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." 1. LIQUOR LIABILITY Exclusion 2c. of SECTION I, COVERAGE A , is deleted. J. BROADENED COMMONS Items 2.a. and ab. of SECTION IV - CCNr'ERCIAL. C ]1EHAL, LIABILITY C011XIioN5, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Brit: a. You n st see to it that we are notified of an "occurrence" or an offense winch may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of sour officers or an "employee" designated to glue notice to us. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any Injured persons and witnesses; and (3) The nature and toc:ation of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made ar "suit" is brought against any insured, you must: (1) Record the specifics of the claim or "suit" and the date received as soon as you, cm of your officers, or an "employed' designated to record such Information Is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or en "employee" you designate to give us such notice learns of the dams or "stria" Item 2.e. is added to SECTION IV- CCN1VERC1AL GEICRAL LIABILITY COMMONS 2e. If you report an "000urrertoe" to your workers compensation insurer which develops Into a liability dalm for which coverage Is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "oocurrenoe' shall not be deemed in violation of paragraphs 2.a, 2.13., and 2.c. Hover, you shall give written notice of this "occurrence" to us as soon as you are rude aware of the fact that this "occurrence" may be a liability claim rather than awalkers compensation daim. K. AUrOIVIAT1CADDMONALINSUREDS -EG11IPWEITLEASES SECTION 11- WFIO IS AN INSIhED is amended to Include any person or organization with v,+hom' you agree in a written equipment lease or rental agreement to name as an additional Insured +pith respect to liability for "bodily Injury', "property damage" or "personal and advertising Injue caused, at least In part, by your maintenance, operation, or use by you of the equipment teased to you by such person or organization, subject to the following additional exclusions. The Insurance provided to the additional insured does not apply to: 1. "Bodily injury' or "property damage" ooaumng alter you cease leasing the equipment. 2. "Bodily injury' or "property damage" arising out of the sole negligence of the additional insured. GL-3088 (1 fy19) Page 159 of 236 3. 'Property damage"to: a. Property owned, used or occupied by or rented to the adchtionai Insured; or b. Property in the care, custody or control of the additional insured or over which the additional Insured is for any purpose exercising physical control, This Insurance is excess of all other insurance available to the additional insured, whether primary, excess, continent or on any other basis, unless the written contract requires this insurance to be primary. in that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. ad with respect to ail other insurance under which the additional Insured qualifies as an Insured or additional Insured, this insurance will be excess. L INSURED CONTRACT EXIEN ON-RAiLROADPROPERiYAILcONSTRLICTIONCONTRACTS Item 9. of SECTION V- O EFM IONS , is deleted and replaced with the following. 9. "Insured Contract" means: a A contract for a lease of premises. However, that portion of the contract for a lease of prernisoc that indemnifies any person or organization for damage by fire to premises wti11e rented to you or temporarily occupied by you with permission at the owner is not an "insured contract`; b. A sidetrack agreement; C., My easement or license agreement; cL An obligation, es required by ordinance, to indemnify a municpality, except in connection with v ork for a municipality; e, An elevator maintenance agreement; f. Thal part of any other contract or agreement ping to your business (including an inderrnification of a ninidpa1ity in connection witwork performed for a municipality)) under Mich you assums the tort liability of another party to pay for "bodily Injury` or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not Include that part of any contract or agreemEnt: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that Is the primary cause of the injury or dar r ge; or (2) Under v4hich the insured, if an architect, engineer or surveyor, assumes Iiability for an injury or damage arising out of the Insureds rendering or failure to render professional services, Including those listed in (1) above and supervisory, inspection, architectural or engineering activities. Page 160 of 236 IVL CONSTRUCTION PROJECT GENERAL AG313EGATE LINTS This modifies SECTION 111- LINTS OF INSURANCE A For all sums %filch can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as &Ines caused an "occurrence under SECTION I R COVERAGE A, and for all medical operas caused by ace( ts under SECTION! COVEAACEC: 1. A separate Construction Project General Aggregate Unit applies to each construction project, and that limit Is equal to the amount of the General Aggregate IJrn t show In the Declarations. Z The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages es under COVERAGE A, except damages because of "bodily Injury' or "property damage" Included In the "products -completed operations hazard," and for medical evenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suit' brought; or o. Persons or organizations making daims or bringing 'suits. " 3. Any payments made under COVERAGE A for dart ec s or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Unit for that construction project, Such payments shalt not reduce the General Aggregate Urrrt shown in the Wardens nor shall they reduce any other Construction Project General Aggregate Unit for any other construction project. 4. The limits shown in the Declarations for Each Oxurrence, Fire Damage and Medical Ekpense contlnte to apply. However, instead of being subject to the General Aggregate Limit sham In the Declarations, such limits r 1I be subject to the applicable Construction Project General Aggregate Lirrldt. 13. For all sums which cannot be attributed only to ongoing operations a a single construction project for which the Insured becomes legally obligated to pay as damages caused by an "occurrence" under SECIIOtN I COVERAGE A, and for aft medical expenses caused by accidents under SCION I - COVERAGE C 1. My payments made under COVERACE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the t zenerai Aggregate Urrit or the Products - Completed Operations Aggregate Limit, Wichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of 'bodily Injury' or "property damage" included in the "produds- corrpieted operations hazard' v,Rll reduce the Products-Corrpleted Cperations Aggregate limit, and not reduce the General Aggregate Unit nor the Construction Project General Aggregate Unit. D. if a construction project has been abandoned, delayed, or abandoned and then restarted, or If the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the sane construction project. E. The provisions of SECTION ill - LINTS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. C4..-3088 (10'18)' -8 Page 161 of 236 N. FELLOW EIIiPLOYEE COVERAGE Exclusion 2e. Frtployers Liabilfty of SECTION t, COVERAGE A, Is deleted and replaced Wth the following: 2 e "Bodily injury' to (1) An "erployee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else vwho must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "Insured contract'; or (2) Liability arising from any action or orrrission of a c o-"errpioyee" vthtie that co -"employee" Is either in the course of his or her employment or performing duties related to the conduct of your business, Item 2.a. (1)(a) of SECTION it - WHO IS AN INSURED , is deleted and replaced with the following: 2a (1)(a) To you, to your partners or members (if you are a partnership or Joint venture) or to your members (if you are a United liability y), or to your 'Volunteer workers" Mlle performing duties related to the conduct of your busincco, O. CARE, CUSTODY OR CONTROL Exclusion 2.J.4 of SECTION i, COVERAGEA. is deleted and replaced with the fallowing: 2.0 Personal properly in the care, arstody or control of the Insured. I-iou4ever, for personal property in the care, custody or control of you or your "employees;' this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the foiicming terns and conditions: (a) The n,ust that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of corrrences. (b) This provision does not apply to "employee" owned property or any property that is missing Mere there is not physical evidence to showvvhat happened to the property. (c) The aggregate limit for this coverage provision is pars of the General Aggregate limit and SECTION III- wins OF INSURANCE Is changed woundingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials nerpcsnry for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature, a-so88 tlot'19)_._.......... — :.7- Page 162 of 236 (e) $2,500 shall be deducted from the total amount of all suns you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, includingthe loss of use of That property, as a result of each "occurrence" Cur limit of liability under tendorsement as being : • • cable to each "occurrence" shall be reduced by the amount of the deductible indicated : • eve; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respell to duties in the event of "occurrence," claims or "suit" apply irrc pcctive of the application of the deductible amount. We may pay any part or ail of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. P. ELECTRONIC DATA LIABILITY COVERACE A Exclusion 2.p. of COVERAGE A BODILY INJURY AND PROMIN DAMAGE L.IABIUIY in SECTION I y- COVERAGSB is replaced by the following: 2 Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Cr Personal Information And Data -Related liability Damages arising out of: (1) My access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card Information, health information or any other type of nonpublic Information; or (2) The loss of, Ions of use of, damage to, corruption of, Inability to access, or inability to manipulate "electronic data' that does not result from physical injury to tangible property This exclusion applies even If damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which Is described in Paragraph (1) or (2) above, However, unires Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury'. a The following is added to Paragraph 2. EXCLUSIONS of SECTION 1-- COV HA(E B - PAL AND ADWFAt1'ISING INJURY LIABILITY: 2 Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal information "Personal and advertising injury' arising out of any access to or disclosure of any person's or organization's confidential or personal information, Including patents, trade secrets, processing methods, customer lists, financial information, credit card lnfomiallon, health information or any other type of nonpublic information, This exclusion applies even if damages are dairned for nollficatton costs, credit monitoring expenses, forensic even -co, public relations expenses or any other loss, cost or evens() incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal Information. -3088 (10/19)-- Page 163 of 236 C. The following definition is added to Section V— DEFINITIONS ; "©ectronto data" means Information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data process ng devices or any other media vihich are used mAth electronically controlled equipment. 0. For the pu of this coverage, the definition of "property damage" in SECTION V— DEFINITIONS is replaced following: ¶ dy age" means; a. Pl-ysicai Injury to tangible property, including all resulting loss of use of that properly. All such loss of use shall be deemed 10 occur at the lime of the physical Injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused It; or e. Loss of, lobs of use of, damage to, corruption of, Inability to access, or inability to properly manipulate "electronic data", resulting from lest in ury to tangible property. Al such Ions of "electronic data" shall be deemed to occur at li ma off ie 'occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. O. CONSOLIDATED INSURANCE PROC4iAltil RESIDUAL UABIL1 YCOVERAGE With respect to "bodily Injury', `property darn cam', or 'personal and advertising Injury' arising out of your ongoing operations; or operations included within the "products-con-pleted operations hazard', the policy to letech this coverage is attached shall apply as excess insurance over coverage available to' yell' under a Consolidated insurance Program (such as an Owner Controlled insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project' or any deductible or Insured retention, specified In the Consolidated insurance Program. It se following is added to Section V—Definitions "Residential project' means any project where 30% or mere of the total square foot area of the structures on the project Is used or is intended to be used for human residency. This includes but is riol limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project" does not Include rrflitery awned housing, collegaruniversity owned housing or dondtori.es, long term care facilities, hotels, motels, hospitals or prisons. AI other terms, provisions, exclusions and limitations of this policy apply. AUTCMA 11C ADDITIONAL INSUREDS - MANAGERS OR LESSORS OR PFIEMSES SECTION li--WHO IS AN INSURED is amended to Include; Any person or organization with vyilom you agree in a written contract or written agreement to name as an additional insured but only vulth respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written Contract or +mitten agreement, that is leased to you and subject to the fofloeing additional exclusions; ...................... GL 3088 (1N19} -9- Page 164 of 236 This Insurance does not apply to: 1. Any "occurrence" Mar takes place after you cease to be a tenant in that prerrisfes. 2 Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed In the written contract or Written agreement. This Insurance is excess of all other Insurance available to the additional insured, whether primary, excess, contingent or on any other bads, unless the written contract requires this Insurance to be primary. In that event, this insurance vuili be prim�ary relative to insurance policy(s) which designate the additional insured as a Named Insured In the I edarations and we will not require contribution from such Insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional Insured qualifies as an insured or additional Insured, this Insurance will be excess, a AUTOMATIC ADDf 17ONN III — STATE OR GOVERNIVEN AL AGENCY OR POLITICAL SUBI:mISIONs — MRCS OR AU HORIZAT1ONS SEC710N II — WHO IS AN INSUI 3 Is amended to include any state or governmental agency or subdivision or political subdivision with vvt om you are required by written opntract, ordinance, law or building code to name as an additional insured subject to the fdk:awing provisions: This insurance applies only with respect to operation perforated by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a pemrit or authorization. This insurance does not apply to: 1. "Bodily injury', "property darnago" or "personal and advertising injury' arising out of operations performed for the federal government, state or rrunicipality, or 2 "Bodily injury' or'property clarrage included within the "products-oorrpleted operations hazard`. This insurance Is excess of ail other insurance available to the additional Insured, whether primary, excess, contingent or on any other balls, unlene the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to lnsurance policy(s) which designate the additional Insured as a Named Insured In the Declarations and we will not require contribution from such insurance If the written contract also requires that this insurance be non-contributory, But with respect to all other Insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. T. CO rRACT0RSAU )MA►TiCADDITIONALINSUREDCOVERAGE—COMP ErEDOPE lA71ONS SECTION II — 1M-10 iS AN INSURED Is amended to Include as an additional Insured any person or organization who Is required by written contract to be an additional Insured on your policy for completed operations, but only with respect to liability for "bodily Injury or "property darrage" Mused, in whole or in pit by ''your world' at the project designated In the contract, performed for that additional Inured and uded In the ''products-oorrpleted operations hazard", This Insurance Is excess of ail other Insurance available to the additional Insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this Insurance will be primary relative to insurance policy(s) Mitch designate the additional Insured as a Named Insured in the Declarations and we will not require contribution from such insurance If the written contract also requires that this Insurance be non-contributory, But with respect to all other insurance under which the additional Insured qualities as an insured or additional insured, this insurance will be excess. Ie (TM 9) -10- Page 165 of 236 Li. ADDITIONAL INS RB)--ENGINEERS, ARCH iECTS OR SURVEYORS SECTION it -- WMO 1S AN INSURED is amended to Include as an additional insured any architect, engineer or surveyor who is required by written contract to be an adctional insured on your policy, but only with respect to liability for "bodily injury', "property darr g ' or "personal and advertising Injury' caused, in wt c1e or in part, by: 1. Your ads or omissions; or 2. The acts or orrisslons of those acting on your behalf; in the performance of your ongoing operations periomned by you or on your behalf, This Includes such architect, engineer or surveyor, who Trey not be engaged by you, but Is contractually required to be added as an additional insured to your policy, With respect to tho insurance afforded to these additional Insureds, tho following additional exclusion applies: This Insurance does not y to "bodily injury', "property damage" or "personal and advertising injury arising out of the rendering of the failure to render any profs donai services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or spedlicatlons; or 2. Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, v./nether prirr>ary, excess, contingent or on any other basis, unless the written contract requires this Insurance to be primary. In that event, this insurance will be primary relative to insurance pclicy(s) which designate the additional insured as a Named Insured In the Declarations and we wilt not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But Will respect to all other insurance under which the additional insured qualifies es an Insured or additional insured, this insurance will be excess, Cot:;30Bi3-(10/19)........ — -11- Page 166 of 236 BITCO GENERAL INSURANCE CORPORATION BtTCO NATIONAL INSURINCE COMPANY IRS DIEM CHANGES NGES TIE POUGY. PLEASE READ IT CAREFUL L:Y. BROADENED COVERAGE- AUTOMOBILES The following modfles insurance provided under: BUSINESS AUTO COVERAGE FORM Wth resoect to coverage provided by this endorsement, the provisions of the Coverage Form apply untess modifier. by this endorsement, 1- Broad Form Named insured 10 - Employee tired Antos 2 - Automatic Waiver of Subrogation 11- Bodily injury Extension 3- Automatic AcklitionaiInsured 12- I-GredAuto PhyeicalDamage 4 - Rimy and Noncontributory = Other Insurance 13 - Enhanced Supplementary Payments Condition - Unintentional Failure to tXsdoso Hazards 14 Fellow Employee Coverage for Designated Positions 6 - Extended Notice of Cancellation, Non -Renewal 15- Physical �c —Transportation Expenses 7 - Vthen We Do Not Renew 16 - Rental Reimbursement Coverage 8 - Notice of Knowledge of Accident or Loss 17 - Loarnease Gap Coverage 9 - Employees as Insured 13 - Accidental Alr Barg Discharge Coverage 1. BROAD F�fl NA EDIT SECTION IL A 1. - M-iO IS AN INSURED - Pargraph d. Is added: d. My organization you newly acquire or form, except for a partnership, joint venture or Iirrited liability company, and over which you maintain majority ownership or Interest (61% or more) or for which you have assumed the actrve management, will qualify as a Named Insured If there is no ether similar Insurance available to that organization, Ever, coverage under this provision is only afforded until the end of the policy paned or the 12-month anniversary of the policy Inception date, whichever Is earlier, Z AUTOMATIC WAIVER OF St/BilOGATION Section IV — Business Auto Conditions, Paragraph A5., Transfer of RiJits of Recovery Against Others to Us, Is deleted and replaced with the fdiowing, a. If the Insured has rights to recover all or part of any payment we have made under this Coverage Form, those tights are transferred to us. The insured must do nothing after loss to Impair those rights. At our request, the Insured will bring "sult" or transfer those rights to us and help us enforce them, b. If required by a written contract executed prior *to loss, we waive any right of recovery we tray have against any person or organization because of payments wa make for damages under this coverage form. AP-0402 (10/17)-.... -1- Page 167 of 236 3. AUTOMATIC A1X 11ONAL INSURED SECTION II -- WHO IS AN INSURED, Paragraph Al, is amended to include as an "insured' any person or organization vo Is required by written contract or agreement to be an additional Insured on your policy, but only with respect to liability arising out of operations performed by you or on your behalf for the adcfitionai insured. 4. PRIMARY AIM NONCCNTRIBUTORY-II1 ER INSURANCECOMt11CN The fdloving is added to the other insurance Condition in the Business Auto Coverage Form and the Other insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Faint Covered Autos liability Coverage is prt to and will not seekcontrlbulion from any other insurance available to an "insured' under your policy �ded that: i. Such "insured" Is a lammed Insured under such other insurance; and 2. You have agreed in writing In a contract or agreement that this Insurance would be primary and would not recto contribution from any other insurance available to such "Insured". a UN PTTENTIONAt_ FAILURETO DISCLOSE HAZARDS Although do relied on your representations as to existing and past hazards, If unintentionally you should fall to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Forrn because of such failure. 6.IDCTENDED NOTICE OF CANCELLATION; NONMEWAL The G'OiVt 10N POLICY CONDITIONS , item A.2.b. Is deleted and replaced with the fol ming: Alb. 60 days before the effective date of the cancellation If we cancel for any other reason. 7. WI -EN WE DO Nor RENEW SECTION iV—BUSINESS AUTOCOMMONS , is amended to add Item B.9.: a. If to choose to nonrenew this policy, we Wit mall or deliver to the first Named Insured shown In the Declarations written notice of the nonrenewat not less than 60 days before the expiration dale. b. If we do not give notice of our intent to nonrenew as prescribed In a. above, It Is agreed that you may extend Lhe period of this policy for a tneA um additional sixty (60) days from its scheduled expiration date. Wore not otherwise prohibited by law, the exsting temp, conditions and rates Wit remain In effect during that extension period. It is further agreed that so long as It is not othemvse prohibited by law, this one-time sixty-day extension Is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed In 9. a above, 8. NOTICE OF KNOWLEDGE or AcaDENT OR LOSS SECTION IV- BUSINESS AUTO COMMONS , Rem Aaa. Is deleted and replaced Wth the following: 2. Duties In the Event of Accident, Claim Suit or Loss; a. You must see to It that wa are notified of an "accident", "claim", "suit" or "loss" which nay result In a claim as soon as practicable after the "occurrence" has been reported to you, a partner, a member, an officer, or an employee designated to give notice to us. Notice should include: (1) t-Iavv, Wien and where the "accident" or °tars° occurred; ......... ...........AP-0402 (10/17)... _ _...._ ._ -2- E Page 168 of 236 (2) ihe'Insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and vulr�. �. ENPI.DYffiS AS INSURED The following Is added to the Section It - Cat Autos Liability Coverage, Paragraph At Who Is An Insured provision: My "employee' of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. 10. EIVPIMEE HMO AUTOS A (ranges In Covered Autos liability Coverage The following Is added to the iMio Is An Ensured Provision: An „employee" of yours is en "Insured' white operating an "auto" hired or rented under a contract or agreement In an "employee's" name, with your pem7ission, while performing duties related to the conduct of your business, B. Changes in General Conditions Paragraph 5.t}. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 6.f. of the Other Insurance r Primary And Excess insurance Provisions Cordritcn in the Motor Carrier Coverage Foam are replaced by the following; For hired Auto Physical Damage Coverage, the following am deemed to be covered "autos" you oven: 1, My covered "auto" you lease, hire, rent or borrow,, and 2 My covered "auto" hired or rented by your "employee" under a contract in en "empioyee's" name, vath your permission, while perfom>ing duties related to the conduct of your business. Flowover, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". 11. BODILY INJIIFIY EXTENSION SECTION V- DEFINITIONS , Paragraph C. Is deleted and replaced by the following: C. "Bodily Injury' means bodily Injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these, al any lime. Mental anguish means any typo of mental or emotional Illness or disease. 12. HIED AtJTO PHYSICAL DAMAGE SECTION R Coverage Ectensions . Paragraph c. Is added: c. Htred Auto Physical Damage if Comprehensive, Spedlled Causes of Loss or Collision coverage Is provided under this policy, then Fired Auto Physical hence Is provided for that coverage a part subject to the following: (1) The most ve Wit pay for any one "accident" or "loss" under this Fired Auto Physical Damage Coverage Is the lesser of; (a) The any one "Accident' or "Loss" amount of $100,000; AP-0402 (10/17) • •, -3- Page 169 of 236 (b) 'the actual cash value; or (c) Cost of repair. Cur obligation to pay for a loss in c.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. `life deductible will be waived for "loss" caused by fire or lightning. (2) Subject to paragraph o.(1), above, we will proAde coverage equal to the broadest physical damage coverage appliable to any covered "auto" shown in the declarations. When you are required by +mitten contract to indemnify a toosor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", v,o If cover that financial Toss subject to the limit specified in paragraph Q(1)< 1 Ets-IANCEDSUPPLEAENTARY PAYMENTS SECTION II.AU. COVERAGE DMENSICCIS, Supplementary Payments (2) and (a) are replaced by the following: (2) Up to $2,500 for the cost of ball bonds (Including bonds for related traffic laws violations) required because of an "accident' v.e cover. We do not have to furnish these bonds. (3) (4) All reasonable a incurred by the "insured" at our request, itxiuctng actual loss of earnings up to $350 a day e of time off from work 14. FELLOW E..OYt E COVERAGE EO 1 DESIGNATED POSITIONS The Fellow Employee Exclusion contained in Section li.p,5. does not apply to the following positions ar Job titles: foreman, supervisor, nenager, officer, partner or other senior level "employee". Coverage is excess over ail other collectible insurance. 16. PHYSICAL DAMAGE, TRAI SPCfffAT1ON EXPEMES SECTION tII.A4a. Transportation Expenses , is replaced by the following: a. T ansportation Expenses We Will pay up to $50 per day to a maAmum of $1,500 for temporary transportation a Incurred by you because of the total theft of a covered "add'. We will pay only for those covered "autos' for which you carry either Comprehensive or Specified Cause of IDES Ooverage. Wo will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the polloys moirations,14ien the covered "auto" Is returned to use or we pay for its "loss". For autos provided with temporary transportation expense, the fdlowing physical damage coverage will aPP1Y: (1) The most we will pay for any one "accident" or "loss" under the temporary transportation expense physical damage coverage is the lessor of: (a) The any one "Accident" or loss" anx unt of $100,000; (b) The actual cash value; or (c) Cast of repair, Our obligation to pay for a loss In a.(1) above Wilt be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any coned "auto" for that coverage. The deductible will be waived for "loss" caused by fire or lightning. AP-0402 (10,17) -4 Page 170 of 236 (2) &&bject to paragraph a.(1). above, we vtill provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" sham in the declarations. (3) Men you are required by %mitten contract to trxfermlfy a lessor for aetuai financial toss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", wa w4II cover that financial loss subject to the limit spedfled in paragraph a. (1). 16. ICE NtrAL RE NBURSENIENi' COVERAGE SECTION II1A4. - Coverage Extenstons - Paragraph d. Is added. d. If you carry Corrrprehenslve,edfied Causes of Loss or Collision coverage for the damaged covered "auto" as provided r this policy, then Rental Reimbursement Coverage is provided for that coverage part subject to the following: 1, We MIt pay for rental relrrbursement expenses Incurred by you for the rental of en "auto" because of "loss" other than theft, to a covered "auto". Payment applies In addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deduces apply to this coverage. 2. We will only pay for those uses incurred during the policy period beginning 24 hours after the 'loss" and ending, regardlma of the polio/s expiration, with the lesser of the follovving number of days: (a) The nurrioer of days reasonably required to repair or replace the covered "auto"; or, (b) 3Ct days. (c) Our payment Is limited to the lesser of the folleming amounts: (1) Necessary and actual expenses incurred; or (2) $50 per day. 17. ILOAAVLEASE GAP COVERAGE Physical Dan -age Coverage Is amended by the addition of the folicWng: In the event of a total "loss" to a covered "auto", we wIII pay your additional legal obligation for any difference betwl the actual cosh value of the "sold' at the time of the loss and the "outstanding balance" of the loan' lease, not to exceed $2,500 for anyone vehicle or $25,000 annually in aggregate. For the purposes of this endorsement, "outstanding balance" means the amount you owe on the loaNtease at the time of loss less any amounts representing takes, overdue payments, penalties, interest or charges resulting from overdue payments, additional mileage charges, excess wear and tear charges or lease terrrfnation fees, costs for extended vuarrentles, credit Life Insurance; Health, Aocldent or Disability Insurance purchased Wth the loan or lease; and cany over balances from previous loans or teases. 18 ACCIDENTAL AIR BAG i]tSCHARGECOVERAGE SECTION I Il.g.3.a - Exclusions , This exclusion does not apply to the accidental discharge of an air bag. AP-0402 (10/17) Page 171 of 236 exasMutuar WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. WC420601 Insured copy In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on 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 5/16/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0001179916 of Texas Mutual Insurance Company effective on 5/16125 Issued to: b & S CONTRACTING INC This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650 Rotat,414,6 Authorized representative 5/12/25 WC420601 Page 172 of 236 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. ITB 26-028 INCORPORATED BY REFERENCE INTO THIS CONTRACT Contract No. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 173 of 236 EXHIBIT E CONSTRUCTION SCHEDULE SUBSTANTIAL COMPLETION TIME 90 DAYS AFTER NOTICE TO PROCEED Contract No. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 174 of 236 EXHIBIT F SCHEDULE OF VALUES Contract No. 26300292 Construction Agreement Over $50,000 Form 04-20-2023 Page 175 of 236 February 12, 2026 Item No. 7.4. Fire Inspections, Monitoring and Repair Contract Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a contract with API National Service Group Inc, in the amount of $175,000 for fire inspections, monitoring, and repairs. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract. Summary: The contract consists of services associated with the repair and regular replacement of fire extinguishers, maintenance of backflow devices, kitchen hood inspections, sprinkler inspections, server room suppression system inspections, and Call -Out repair services. American Fire Protection Group Incorporated has a branch in College Station and the services that they offer amount to a one - stop shop for the city's critical fire protection needs. The amount of this contract is set up to cover any critical fire suppression repairs that may arise over the course of this fiscal year. Contingent upon City Council approval, Monitoring, Inspection, Re -Charges of City Fire Extinguishers and Alarm Systems, and Service Call -Outs will be procured through BuyBoard Contract #751- 24. BuyBoard is a cooperative purchasing program that provides competitively solicited contracts for use by governmental agencies. Each BuyBoard contract is awarded following a formal solicitation process that fully complies with state and local competitive procurement statutes. By utilizing an existing BuyBoard contract, the City leverages volume -based pricing and discounts, reduced administrative costs, and increased procurement efficiency. Budget & Financial Summary: Fire inspections, monitoring, and repair funds are included in the department's O&M budget. Attachments: 1. API National Services Contract_VendorSigned Page 176 of 236 vp- C ry of CO3 L W'. Sf'.j i EON CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: 26300276 PROJECT #: N/A BID/RFP/RFQ#: N/A Project Name / Contract Description: Monitoring, Inspection, Re -Charges of City Fire Extinguishers and Alarm Systems, and Service Call -Outs Name of Contractor: API National Service Group CONTRACT TOTAL VALUE: $ 175,000.00 Grant Funded Yes Debarment Check Section 3 Plan Incl. ■ NEW CONTRACT Yes Yes No No • RENEWAL # N/A N/A 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) Annual fire alarm inspectins and fire alarm monitoring conducted by API. Pricing quoted under BuyBoard contract #751-24. Funding approved in FY2026 budget. (If required) * CRC Approval Date*: 01.15.2026 Council Approval Date*: 02.12.2026 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: WU Performance Bond: NIA Payment Bond: NIA Info Tech: NIA SIGNATURES RECOMMENDING APPROVAL DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT EP( ASST CITY MGR — CFO .W6, Q. Au.t5ta LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (if applicable) N/A CITY SECRETARY (if applicable) 9.12.23 UPDATED 1/20/2026 1/20/2026 1/20/2026 DATE DATE DATE DATE DATE DATE Page 177 of 236 CITY OF COLLEGE STATION GENERAL SERVICES CONTRACT This General Services Contract ("Contract") is executed by and between the City of College Station, Texas, a Texas -Home -Rule Municipal Corporation ("City") and API National Service Group, Inc. ("Contractor"), collectively referred as the Parties, for the following project, monitoring, inspection, re -charges of City fire extinguishers and alarm systems, and service call - outs, and pursuant to the promises, representations, warranties, obligations, and consideration herein described, including monetary and non -monetary consideration, the sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: ARTICLE I PAYMENT, TERM, SPECIAL DEFINITIONS, AND INTERPRETATION 1.1 Consideration. In consideration for the services and work performed in the Scope of Services/Work see Exhibit A (Scope of Services or Work) and Contractor's Completion of work in conformity with this Contract, as well as the non -monetary consideration in the form of the Contractor's representations, warranties, promises, and obligations contained in this Contract, the City shall pay the Contractor an amount not to exceed One Hundred Seventy -Five Thousand and NO/100 Dollars ($175,000.00). 1.2 Payment Application. Within seven (7) calendar days of completion of the services the Contractor will submit its payment application to the City. 1.3 City's Payment and Approval. The City will pay Contractor as shown in Exhibit B (Payment Schedule), for the services performed no later than thirty (30) calendar days from the date of the City's receipt of the payment application and the City's approval of the services. 1.4 Term. The initial term of the Contract is for one (1) year with the potential option to renew for two (2) additional one (1) year terms for a total of three (3) years; however, it is expressly required that the Parties must mutually agree in writing (through the execution of a subsequent amendment or other revision of this Contract) to approve any renewal of this Contract. 1.5 Executed Contract. The "Notice to Proceed" will not be given nor shall any work commence until this Contract is fully executed and all exhibits and other attachments are completely executed and attached to the Contract. 1.6 Special Definitions. Unless specially defined in this Contract, words used in this Contract shall be interpreted according to their common usage or meaning to result in the most reasonable application. Unless otherwise designated, the following special definitions shall apply whether a term or phrase appears in capital letters or in bolded, italicized, or underlined print: (a) "Business Day" means a day other than a Saturday, Sunday, or holiday recognized by the City, and unless described by this Contract as a "Business Day," a "day" herein described shall mean a calendar day. Contract No.26300276 General Service Contract Form 11-29-2023 Page 1 of 14 Page 178 of 236 (b) "City" means the City of College Station, Texas, a signing Party to this Contract, including its elected officials, appointed officials, officers, employees, representatives, agents, successors and permitted assigns. (c) "City Council" or "Council" means the City Council of the City of College Station, Texas, the governing body of the City. (d) "City Manager" means the City Manager of the City of College Station, Texas. (e) "Contract" or "Agreement" means this General Services Contract including all attached exhibits approved and executed by the signing Parties. (f) "Contractor" means the Contractor as described above, a signing Party to this Contract, including its directors, officers, members, managers, partners, employees, representatives, agents, subcontractors, successors, and permitted assigns. (g) "Contractor Business Records" means the business records created or maintained by the Contractor (or on its behalf) regarding the performance of this Contract that the City reasonably needs to inspect, copy, and review to determine Contractor compliance with this Contract. (h) "Default" means the conduct, act, or omission by a Party which constitutes a breach or violation of a duty, obligation, representation, or responsibility imposed on that Party by this Contract. Default is synonymous with material default as used in this Contract. (i) "Insurance Coverage" includes not only commercial insurance coverage but also risk pool coverage as allowed by law. (j) "Party" means a signing Party to this Agreement. The signing Parties to this Contract collectively are the City and the Contractor. (k) "Project" means the City's project made the subject of this Contract, as defined by the Scope of Work or Services described in this Contract in Exhibit A. (1) "Scope of Services or Work" means the services, goods, and work described in this Contract for the City's Project, as described in Exhibit A. 1.7 Interpretation. (a) Unless otherwise designated in this Contract, the past, present, or future tense shall each include the other, the masculine or feminine gender shall each include the other, and the singular and plural number shall each include the other where necessary for a correct meaning. (b) All statements made in the preamble and preliminary recitals of this Contract and all attached documents are incorporated by reference. The following documents Contract No.26300276 General Service Contract Form 11-29-2023 Page 2 of 14 Page 179 of 236 are attached to this Contract as exhibits. Exhibit A — Scope of Services/Work; Exhibit B — Payment Schedule; and Exhibit C — Certificates of Insurance. ARTICLE II CHANGE ORDER 2.1 Changes will not be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid, except upon the prior written order from authorized personnel of the City. The Contractor will not execute change orders on behalf of the City or otherwise alter the financial scope of the services except in the event of a duly authorized change order approved by the City as provided in this Contract. (a) City Manager Approval. When the original Contract amount plus all change orders is $50,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more than $50,000. A change order resulting in a revised Contract amount exceeding $50,000 may be subject to additional statutory requirements as applicable; and When the original Contract plus all change orders is greater than $50,000 but less than $100,000, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more than $100,000. For such contracts, when a change order results in a total Contract amount that exceeds $100,000, the City Council of the City must approve such change order prior to commencement of the services or work. The sum of all change orders may not exceed 25% of the original contract amount; and (b) City Council Approval. When the original contract amount plus all change orders is greater than $100,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000. For such contracts, when a change order exceeds $50,000, the City Council of the City must approve such change order prior to commencement of the services or work. The sum of all change orders may not exceed 25% of the original contract amount. (c) Increase in Scope. Any request by the Contractor for an increase in the Scope of Services/Work and an increase in the amount listed in Article I of this Contract shall be made and approved by the City prior to the Contractor providing such services or work or the right to payment for such additional services or work shall be waived. (d) Dispute. If there is a dispute between the Contractor and the City respecting any service or work provided or to be provided hereunder by the Contractor, including a dispute as to whether such service or work is additional to the Scope of Services or Work included in this Contract, the Contractor agrees to continue providing on Contract No.26300276 General Service Contract Form 11-29-2023 Page 3 of 14 Page 180 of 236 a timely basis all services or work to be provided by the Contractor hereunder, including any service as to which there is a dispute. ARTICLE III INDEPENDENT CONTRACTOR AND SUBCONTRACTORS 3.1 Independent Contractor. It is understood and agreed by the parties that the Contractor is an independent contractor retained for the services described in the Scope of Services or Work. The Contractor shall be solely responsible for and have control over the means, methods, techniques and procedures, and for coordination of all portions of the work or services. Unless otherwise provided in the Contract, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the work or services. In addition, at the appropriate times, the Contractor shall arrange and bear cost of tests, inspections, and approvals of portions of the work or services required by the Contract or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. The City will not control the manner or the means of the Contractor's performance but shall be entitled to a work product as in the Scope of Services or Work. The City will not be responsible for reporting or paying employment taxes or other similar levies that may be required by the United States Internal Revenue Service or other State or Federal agencies. This Contract does not create a joint venture. 3.2 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contact with Contractor for performance of work or services on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work or services on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. ARTICLE IV INSURANCE 4.1 The Contractor shall procure and maintain, at its sole cost and expense for the duration of this Contract, sufficient insurance coverage, as herein described, against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its officers, agents, volunteers, and employees. 4.2 The Contractor's insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance coverage policies are attached in Exhibit C. During the term of this Contract, Contractor's insurance policies shall meet the minimum requirements of this section. Contract No.26300276 General Service Contract Form 11-29-2023 Page 4 of 14 Page 181 of 236 4.3 Types. Contractor shall acquire and maintain for Contract duration the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation/Employer's Liability. 4.4 General Requirements Applicable to All Policies. The following General requirements applicable to all insurance coverage policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and delivered to the City in a timely manner according to this instrument. (b) Certificates of Insurance and endorsements shall be furnished and delivered to the City on the most current State of Texas Department of Insurance -approved forms to the City's Representative no later than 3 days before this instrument is submitted for final approval and execution by the City; shall be attached to this Contract 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. 4.5 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated "A:VIII" or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for death, bodily injury, and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance before the execution of this contract by the City. (e) (f) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Limitation of Liability. Notwithstanding anything to the contrary in this Agreement, the total aggregate liability of Contract No.26300276 General Service Contract Form 11-29-2023 Page 5 of 14 Page 182 of 236 the Contractor to the City, and to any third party, arising out of or related to this Agreement (including any indemnity obligations), whether in contract, tort, strict liability, or otherwise, shall not exceed the limits of liability required under subsection (c) above ($1,000,000 per occurrence and $2,000,000 annual aggregate), except to the extent such limitation is prohibited by applicable law. Contract No.26300276 General Service Contract Form 11-29-2023 Page 6 of 14 Page 183 of 236 4.6 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated "A:VIII" or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. (c) Combined Single Limit of Liability of $1,000,000 per occurrence for death, 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 operated by the Contractor on (i) City property, (ii) the job or work site associated with or related to the business purpose or Scope of Services/Work described by this Contract, (iii) any other property or road in performance of this contract. 4.7 Workers' Compensation/Employer's Liability Insurance. The following Workers' Compensation Insurance shall include the following terms: Employer's Liability limits of liability of $1,000,000 for each accident/each disease/each employee are required; "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy; and TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY". ARTICLE V INDEMNIFICATION AND RELEASE 5.1 Indemnification. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its Council members, officials, officers, agents, volunteers, and employees (the "Indemnified Parties") from and against third -party claims for bodily injury, death, or damage to tangible property, but only to the extent caused by the negligent acts or omissions of Contractor or those for whom Contractor is legally responsible in the performance of the work or services under this Contract. Contractor shall have no obligation to indemnify, hold harmless, or defend any Indemnified Party from or against any claims to the extent caused by the negligence or willful misconduct of that Indemnified Party or any other third party. The parties intend this section to be interpreted and enforced in accordance with, and not to require any indemnity or defense prohibited by, Chapter 151 of the Texas Insurance Code or other applicable Texas law. Contract No.26300276 General Service Contract Form 11-29-2023 Page 7 of 14 Page 184 of 236 ARTICLE VI GENERAL TERMS 6.1 Performance. Contractor, its officers, employees, associates, representatives, agents, subcontractors, successors, permitted assigns and other representatives expressly warrant and represent that they shall perform all the work and services described in the Scope of Services or Work in a good, workmanlike, and professional manner and in accordance with this Contract, and all applicable laws, codes, and regulations. Contractor and its aforesaid representatives shall be fully qualified and competent to perform the work or services. Contractor shall undertake and complete the work or services in a timely manner 6.2 Termination. (a) Termination for Convenience. The City may terminate the Project and this Contract, at any time, for convenience. In the event of such termination the City will notify the Contractor in writing and the Contractor shall cease work immediately. Contractor shall be compensated for the work and services performed provided Contractor is not in default of this Contract. Should the City terminate this Contract for convenience, the City shall pay Contractor for the work and services performed and expenses incurred before the date of termination, provided the Contractor is not in default of this contract. (b) This Contract also may be terminated: (a) by the City upon a default committed by the Contractor; (b) by a subsequent written termination Contract executed with the mutual consent of the contracting Parties; and (c) at the conclusion of the Contract term, unless the Contract term is extended by a written amended Contract executed with the mutual consent of the contracting Parties as herein required. 6.3 Choice of Law and Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The Parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 6.4 Amendment. This Contract may only be amended by written instrument approved and executed by the Parties. Contract No.26300276 General Service Contract Form 11-29-2023 Page 8 of 14 Page 185 of 236 6.5 Taxes. The City is exempt from payment of state and local sales and use taxes on labor and materials incorporated into the project made the basis of this Contract. If necessary, it is the Contractor's responsibility to obtain a sales tax permit, resale certificate, and exemption certificate that shall enable the Contractor to buy any materials to be incorporated into the project and then resell the aforementioned materials to the City without paying the tax on the materials at the time of purchase. 6.6 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 Act (IRCA) regarding the Contractor's performance, operations and activities pursuant to this Contract. 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. Nothing in this Contract shall be construed to alter or affect the obligation of the Contractor to comply with any applicable federal or Texas statute, rule, or regulation, and any applicable local ordinance, rule, or regulation regarding the performance of this Contract or the Contractor's operations and activities regarding the project made the subject of this Contract, and further, the parties would show that prior to the approval of this Contract by the City, the Contractor has submitted to the City: (a) a properly executed Form CIQ/Conflicts of Interest Questionnaire pursuant to Chapter 176 of the Texas Local Government Code; and (b) a properly executed Form 1295/Texas Ethics Commission Certificate of Interested Parties pursuant to Section 2252.908 of the Texas Government Code. 6.7 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 or deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. Also, no waiver of a default occurs if a non -defaulting Party fails to immediately declare a default or delays in taking any action regarding a default committed by a defaulting Party. 6.8 Assignment. This Contract and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 6.9 Invalidity. If any provision of this Contract shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Contract with legal terms and conditions approximating the original intent of the parties. 6.10 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Contract as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, to the extent required by non-waivable applicable law, such law shall prevail, and to the extent necessary to comply with such law, the applicable provision of this Contract shall control over any directly conflicting term in Contractor's exhibits. Contract No.26300276 General Service Contract Form 11-29-2023 Page 9 of 14 Page 186 of 236 6.11 Entire Agreement. This Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by a written instrument approved and executed by the parties. 6.12 Agree to Terms. The parties state that they have read the terms and conditions of this Contract and agree to the terms and conditions contained in this Contract. 6.13 Effective Date. This Contract goes into effect when duly approved by all the parties hereto. The Effective Date is the date the last signing Party executes this Contract. 6.14 Notice. Any official notice under this Contract will be sent to the following addresses: CITY OF COLLEGE STATION Attn: Craig Dohnalik PO BOX 9960 1101 Texas Ave College Station, TX 77842 cdohnalik@cstx.gov API NATIONAL SERVICE GROUP, INC Attn: Shawn Sanders 5931 Rice Creek Parkway Shoreview MN 55126 shawn.sanders@afpgusa.us 6.15 Governmental Immunity. This Contract is subject to the proper application of the doctrine of governmental immunity. 6.16 Duplicate Originals. The parties may execute this Contract in duplicate originals, each of equal dignity, and further, copies of this complete and fully executed Contract (including copies of signatures) shall have the same force and effect as an original. 6.17 Exhibits. All exhibits to this Contract are incorporated and made part of this Contract for all purposes. 6.18 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) Boycott Israel. If this Contract is for goods and services subject to § 2271.002 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 § 2276.002 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. 6.19 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 Contract No.26300276 General Service Contract Form 11-29-2023 Page 10 of 14 Page 187 of 236 VendorInvoiceEntrv(&,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. 6.20 Default. (a) The City may declare a Default of this Contract if the Contractor commits a Default of this Contract and fails to cure the default during an authorized cure period as herein described. (b) (c) If the City declares a Default of this Contract, it is agreed that the City may modify or terminate this Contract, and the City, in such event, shall be entitled to pursue all remedies allowed or authorized by law, equity, or this Contract. The City shall notify the Contractor of a Default in writing, and the Parties agree as follows: (i) the default notice shall specify and reasonably explain the basis for the declaration of default; (ii) regarding an authorized opportunity to cure, the Contractor shall have 10days from the receipt of the default notice to cure the default; (iii) where fulfillment of any obligation requires more than 10 days, the Contractor's performance shall be commenced within 10 days after the default notice receipt and such performance shall be diligently continued until the default is cured; and (iv) however, if such default cannot be cured, or cannot be cured within 45 days from the date of the default notice receipt, the Contractor shall be liable for and will promptly perform under this Contract and pay to the City within 60 days from receipt of the default notice all amounts due the City for the default as described in this Contract. (d) Should a Default be committed by the Contractor, the City may pursue and recover all remedies authorized by law, equity or this Contract, including: (i) termination of this Contract; (ii) litigation (with or without a trial by jury) including all authorized causes of action, claims, and damages; (iii) equitable relief or extraordinary relief, including all authorized injunction, specific performance, and mandamus relief; and (iv) all authorized remedies for the (a) recovery of all accrued monetary amounts due the City but not paid by the Contractor to the City under this Contract, and (b) recovery of the City's reasonably incurred attorney's fees, reimbursement amounts, and other expenses, costs, interest, offsets, and credits due the City as allowed by law. (e) Should a Default be committed by the City, the Contractor may pursue and recover all remedies authorized by law, equity, or this Contract, including: (i) termination of this Contract; (ii) litigation (with or without a trial by jury) including all authorized causes of action, claims, and damages; (iii) equitable relief, specific performance, or extraordinary relief, including all authorized injunction and mandamus relief; and (iv) recovery of the reasonably incurred attorney's fees, reimbursement amounts, and other expenses, costs, interest, offsets, and credits due the Contractor as allowed by law. 6.21 Alternative Dispute Resolution. No suit shall be filed by a Party regarding a dispute arising under or related to this Contract unless the Parties first attempt to submit the dispute to Contract No.26300276 General Service Contract Form 11-29-2023 Page 11 of 14 Page 188 of 236 mediation pursuant to Chapter 2009 of the Texas Government Code and Chapter 154 of the Texas Civil Practice and Remedies Code. Notwithstanding anything to the contrary stated in this Contract, however, a Party may file suit solely for injunction or mandamus relief regarding an aforesaid dispute without first submitting that dispute to mediation. The mediation shall be held in Brazos County, Texas, within 30 days of a Party sending notice to the other Party requesting mediation, unless otherwise agreed in writing by the Parties. Each Party shall pay its own expenses incurred for the mediation, including attorney fees, mediator fees, and travel expenses. The mediator shall be selected by the Parties' agreement; however, should they fail to agree on a mediator, the dispute shall be submitted to the following public institution for assignment of a mediator and the holding of the mediation at that institution: Aggie Dispute Resolution Program, Texas A&M University School of Law, 1515 Commerce Street, Fort Worth, Texas 76102-6509, (800) 733-9529. List of Exhibits A. Scope of Services/Work B. Payment Schedule C. Certificates of Insurance API NATIONAL SERVICE GROUP CITY OF COLLEGE STATION By: (Tqi---By: Title: President City Manager Date: Printed Name:Lauren Thompson Date:1 /18/2026 APPROVED: .Wbw, a. tkaiskt City Attorney Date:1 /20/2026 Assistant City Manager/CFO Date: 1/20/2026 Contract No.26300276 General Service Contract Form 11-29-2023 Page 12 of 14 Page 189 of 236 EXHIBIT A SCOPE OF SERVICES/WORK The terms and conditions of this Contract shall take precedence and control over any term or provision of the Scope of Services/Work that in any way conflicts with, differs from, or attempts to alter the terms of this Contract. SEE ATTACHED PROPOSAL BELOW... SERVICE CALL -OUTS • STANDARD LABOR RATE: $112.00 PER HOUR, PER TECHNICIAN • OVERTIME: 1.5x THE STANDARD RATE • DOUBLE TIME: 2x THE STANDARD RATE REFERENCE BUYBOARD CONTRACT #751-24 Contract No.26300276 General Service Contract Form 11-29-2023 Page 1 of 14 Page 190 of 236 StAMERICAN FIRE PROTECTION 11111411, ,-® CROUP, INC. [Sister Company of APi NSG] me National Group e [Lead Contract Holder] Board PURCHASING COOPERATIVE Contract #: 751-24 November 12, 2025 Quote #: G-5595 Attention: City of College Station 304 Holleman Rd. E College Station, TX 77840 Regarding: 2026 Fiscal Year Contract Proposal APi National Service Group and American Fire Protection Group are pleased to present the following scope of work and proposal for the referenced property. Scope of Work: I. ANNUAL INSPECTIONS ITEM QTY DESCRIPTION UNIT PRICE TOTAL 1A 23 Annual standard inspections of Sprinklers $132.98 $3,058.54 1B 13 Annual standard inspections of Back Flow Building Devices $106.38 $1,382.94 1C 7 Annual standard inspections of Vaulted Back Flow Devices $212.77 $1,489.39 1D 3 Annual standard inspections of Domestic Water Devices $106.38 $319.14 2 21 Annual standard inspections of Fire Alarm Systems $425.53 $8,936.13 3 704 Includes all annual standard inspections of Extinguishers (ABC, BC, etc.) $7.45 $5,244.80 5 1 Extinguishing Systems City Hall (Computer Server Room) $265.96 $265.96 6 1 Utility Customer Service (Computer server room) $265.96 $265.96 7 1 Carter Creek Wastewater (Computer server room) $265.96 $265.96 7A 1 New Police Station (Computer server room) $265.96 $265.96 8 9 Annual Inspection Kitchen Hood Fire $132.98 $1,196.82 9 15 Kitchen Hood Links (Replace at Kitchen Hood Inspection) $24.46 $366.90 10 1 Fire Pump Inspection and Test (City Hall) $282.07 $282.07 Subtotal: Annual Inspections $23,340.57 1 APi National Service Group 15931 Rice Creek Parkway Shoreview, MN 55126 Page 191 of 236 StAMERICAN FIRE PROTECTION 11111411, CROUP, INC. [Sister Company of APi NSG] II. SEMI-ANNUAL INSPECTIONS me National Group e [Lead Contract Holder] Board PURCHASING COOPERATIVE Contract #: 751-24 ITEM QTY DESCRIPTION UNIT PRICE TOTAL 11 9 12 15 Includes all semi-annual standard inspections of Commercial Kitchen hood systems Kitchen Hood Links (Replace at Kitchen Hood Inspection) 13 4 Semi -Annual Clean Agent Inspection (Computer Server Rms) Utility, Carter Creek Waste, City Hall, New Police Station Subtotal: Semi- Annual Inspections III. EXTINGUISHER PURCHASES $132.98 $1,196.82 $24.46 $366.90 $425.53 $1,702.12 $3,265.84 The quantities below reflect estimated annual purchases based on previous history and are not guaranteed purchases. Firm Fixed Prices are to be offered for the items listed below for the initial contract period. ITEM QTY TYPE SIZE UNIT PRICE TOTAL 11 12 13 14 10 ABC 2'A lb 35 ABC 51b 10 Ib 6 ABC 201b 10 ABC 15 6 BC 2%:lb. 16 1 BC 10 lb. 17 1 CO2 51b. 18 1 CO2 10 lb. 19 1 CO2 15 Ib. 20 1 P-W 2 %2 gal. CLN Agent FK-5-1- 21 7 12 (Halotron) 5 Ib. $90.43 $111.70 $159.57 $292.55 N/A N/A $404.26 $425.53 $510.64 $505.32 $595.74 $558.51 $382.98 $382.98 $1,336.17 $9,353.19 Subtotal: Extinguisher Purchases $19,390.33 $904.30 $3,909.50 $1,595.70 $1,755.30 2 APi National Service Group 15931 Rice Creek Parkway Shoreview, MN 55126 Page 192 of 236 StAMERICAN FIRE PROTECTION 11111411, `/® CROUP, INC. [Sister Company of APi NSG] me National Group e [Lead Contract Holder] Board PURCHASING COOPERATIVE Contract #: 751-24 IV. EXTINGUISHER RE-CHARGES/SERVICING The quantities below are the City's estimated extinguisher inventory and thus the potential re -charges. They are for bid purposes only and are not guaranteed re -charges (incl. parts if any). All pricing should include all normal parts and materials necessary to inspect, test, service, tag, clean, refill and certify as agreed upon. Firm Fixed Prices are to be offered for the items listed below for the initial contract period ITEM QTY TYPE SIZE RECHARGE PRICE TOTAL 22 80 ABC 2 %2 lb $42.55 $3,404.00 23 300 ABC 5 Ib. $47.87 $14,361.00 24 125 ABC 10 Ib $53.19 $6,648.75 25 40 ABC 20 Ib $69.15 $2,766.00 26 10 BC 2 %2 lb N/A 27 10 BC 101b N/A 28 10 CO2 5 Ib. $53.19 $531.90 29 10 CO2 10 Ib $79.79 $797.90 30 10 CO2 15 Ib. $106.38 $1,063.80 31 10 P-W 2 % gal. $31.91 $319.10 32 5 Halotron 5 Ib. N/A Subtotal: Extinguisher Re -Charges/ Services $29,892.45 3 APi National Service Group 1 5931 Rice Creek Parkway Shoreview, MN 55126 Page 193 of 236 StAMERICAN FIRE PROTECTION 11111411, CROUP, INC. [Sister Company of APi NSG] V. FIRE ALARM MONITORING QTY BUILDING 12 Central Park Admin 12 New City Hall 12 CS Utility Admin 12 CS Utility Training Bldg. 12 CS Utility Dispatch 12 Fire #2 12 Fire #3 12 Fire #5 12 Fire #6 12 Library 12 Lincoln Center Bldg. A 12 Lincoln Center Bldg. 12 Municipal Court 12 Police Dept. 12 Public Works 12 Utility Customer Service 12 CCWWTP Lab 12 Central Park Concession 12 Lick Creek Park Nature Center 12 Visit BCS Building 12 Post Oak Mall 12 Community Center 12 Field of Honor Cemetery Subtotal: Fire Alarm Monitoring Api National Group e [Lead Contract Holder] ADDRESS 1000 Krenek Tap 1101 Texas Ave. 1601 Graham Rd 1603 Graham Rd 1601 Graham Rd 2100 Rio Grande 1900 Barron Rd 1601 William D. Fitch 610 University Dr. 1818 Harvey Mitchell 1000 Eleanor 1000 Eleanor 300 Krenek Tap 2611 TX Ave 310 William King Cole 310 Krenek Tap 2200 North Forest Pkwy 1000 Krenek Tap 13600 Rock Prairie Rd 1207 Texas Ave S 1508 Harvey Road 2277 Dartmouth Drive 3800 Raymond Stozer Pkwy PANEL Silent Knight 5207 Sumplex 4100 ES Silent Knight 5208 Silent Knight 5208 Silent Knight 5700 Silent Knight SK-5208 Silent Knight SK-5208 Silent Knight SK 5208 Siemens FS-250 Simplex 4005 Silent Knight 5104 Silent Knight 5805 Silent Knight IPF-100 Firequest 200 Fire Lite Mini Scan 424A Notifier AFP200 Silent Knight 6700 DMP XR500 Fire Lite MS-5UD Silent Knight Fire Lite Silent Knight Silent Knight Board PURCHASING COOPERATIVE Contract #: 751-24 DIALER Evac 2101-RMT Starlink Silent Knight Silent Knight 5205 Silent Knight 5129 Silent Knight 5205 Silent Knight 5205 Silent Knight 5104B Silent Knight 5205 Cell Dialer Verizon Silent Knight IPF 100/7860 Silent Knight 5104E Silent Knight 5104E Notifier 911-A Cell Dialer AT&T UNIT TOTAL PRICE $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $60.00 $720.00 $16,560.00 4 APi National Service Group 15931 Rice Creek Parkway Shoreview, MN 55126 Page 194 of 236 191eAMERICAN FIRE PROTECTION GROUP, INC. [Sister Company of APi NSG] • National Group e [Lead Contract Holder] Board PURCHASING COOPERATIVE Contract #: 751-24 Exclusions: ▪ Any additional fees for further requirements not outlined within the given scope of work and/or contract. • Any credentials required to access facilities at the local level. • Additional costs incurred by third -party reporting required by AHJ's at the local level. • The testing of systems tied into fire systems that are outside defined scope(s) such as inspections requiring coordination with an electrician, elevator technician, mechanic, plumber, etc. • Painting of pipe, piping, valves. • Patching or cutting of any kind. • Fees for labor outside of defined scopes as required by jurisdictional requirements. • Permits and submittals unless specified above. • Damage incurred from lack of integrity of existing system components. • Fire watch and / or temporary fire protection is specifically excluded. • X-raying, cutting, patching, and painting of any walls, floors, or ceilings. • Warranty of existing systems and owner provided equipment. • Protection of the existing building, furniture, or equipment while performing our work. Clarifications: • Free and clear access is given to all equipment. • Labor is to be performed during normal business hours unless specified above. • Additional charges may apply for work that is canceled by customer after technician arrives on -site. Technician Inspection Labor: $25,935.00 Technician Recharge Labor: $29,820.00 Fire Alarm Cellular Monitoring: $16,560.00 OTHER DIRECT COSTS/ MATERIALS WITHOUT PRICING CATALOG ON CONTRACT: • Other Materials: $20,345.50 Project Total: $92,660.50 *This is a Firm Fixed Price Quote Due to the volatility of products and material costs, we reserve the right to adjust all prices based on the cost of materials at the time of contract. The customer may be required to pay for materials at the time of contract to guarantee price and/or an equitable adjustment will be added to our contract amount by means of a change order equal to the amount of the "material" increase. Any contractual agreement related to this quoted work must include language that relieves APi from any costs or liquidated damages that may result from unavailability of products. This includes inflated material costs due to material shortages and tariffs. APi National Service Group (NSG) assumes that no federal funds are being appropriated to fund this project. NSG understands EDGAR requirements are applicable when federal funds are appropriated for this project. Furthermore, no DBE/HUB participation goals or EDGAR requirements are included or inferred. Should this project involve DBE/HUB goals, prevailing wage, and/or federal funding, please advise in writing regarding the specific nature of those goals or requirements and specifically how they impact APi National Service Group. This proposal may not be combined with any other proposals or contracts unless written approval from NSG. The pricing in this proposal is valid for 30 days unless otherwise approved by APi NSG Unless otherwise stated above, this quote excludes the cost of any state, federal or local taxes. APi National Service Group 15931 Rice Creek Parkway Shoreview, MN 55126 5 Page 195 of 236 EXHIBIT B PAYMENT SCHEDULE Payment is a fixed fee in the amount listed in Article I of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The City will pay such invoices in compliance with the Texas Prompt Payment Act. Schedule of Payment for each phase: Total NTE: $175,000 Contract No.26300276 General Service Contract Form 11-29-2023 Page 2 of 14 Page 196 of 236 EXHIBIT C CERTIFICATES OF INSURANCE Contract No.26300276 General Service Contract Form 11-29-2023 Page 3 of 14 Page 197 of 236 Page 1 of 2 PRODUCER Willis Towers Watson c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA ,4 a D CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT WTW Certificate Center NAME: PHO AICNE Extl: 1-877-945-7378 FAX (A/C, No): 1-888-467-2378 E-MAIL ADDRESS: certificates@wtwco.com INSURER(S) AFFORDING COVERAGE NAIC # Zurich American Insurance Company 16535 Midwest, Inc. INSURED APi National Service Group, Inc. 5931 Rice Creek Parkway Shoreview, MN 55126 COVERAGES CERTIFICATE NUMBER: W43635050 INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : REVISION NUMBER: DATE (MM/DD/YYYY) 01/09/2026 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) X COMMERCIAL GENERALLIABILITY CLAIMS -MADE X OCCUR A X Contractual Liability GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO- LOC JECT OTHER AUTOMOBILE LIABILITY X ANY AUTO A OWNED AUTOS ONLY X HIRED AUTOS ONLY UMBRELLA LIAB EXCESS LIAB SCHEDULED AUTOS NON -OWNED AUTOS ONLY OCCUR CLAIMS -MADE DED RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N No Y Y Y Y GLO 8902940 06 12/31/2025 12/31/2026 BAP 8488453 06 12/31/2025 12/31/2026 N/A Y WC 8902941 06 12/31/2025 12/31/2024 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) This Voids and Replaces Previously Issued Certificate Dated 12/18/2025 WITH ID: W42983915. Contract # 26300276 City of College Station, its officers, agents, volunteers, and employees are included as Additional Insureds as respects to General Liability and Auto Liability when required by written contract. CERTIFICATE HOLDER City of College Station PO Box 9960 1101 Texas Avenue College Station, TX 77842 CANCELLATION 4,000,000 4,000,000 10,000 4,000,000 8,000,000 8,000,000 5,000,000 5,000,000 5,000,000 5,000,000 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 ACORD 25 (2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 29231667 BATCH: 4273209 Page 198 of 236 AGENCY CUSTOMER ID: LOC #: ACORD AGENCY Willis Towers Watson Midwest, Inc. POLICY NUMBER See Page 1 CARRIER See Page 1 ADDITIONAL REMARKS SCHEDULE NAIC CODE See Page 1 NAMED INSURED APi National Service Group, Inc. 5931 Rice Creek Parkway Shoreview, MN 55126 EFFECTIVE DATE: See Page 1 Page 2 of 2 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds when required by written contract. Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability and Workers Compensation when required by written contract and as permitted by law. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 29231667 BATCH: 4273209 CERT: W43635050 Page 199 of 236 POLICY NUMBER: BAP 8488453 06 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: APi Group, Inc. Endorsement Effective Date: 12/31/2025 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization when required by written contract, agreement or permit and is executed prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Page 200 of 236 POLICY NUMBER: BAP 8488453 06 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: APi Group, Inc. Endorsement Effective Date: 12/31/2025 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization when required by written contract, agreement or permit and is executed prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Page 201 of 236 COMMERCIAL AUTO Policy Number: BAP 8488453 06 CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 Wolters Kluwer Financial Services 1 Uniform FormsTM Page 202 of 236 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization ZURICHr THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 8902940 06 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Effective Date: 12/31/2025 SCHEDULE MAN001 Name Of Additional Insured Person(s) Or Organization(s): Blanket when required by written contract, agreement, or permit and is executed prior to loss. Location(s) Of Covered Operations All projects or locations where required by written contract. 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 to the extent of liability for "bodily injury", "property damage" or "personal and advertising injury" caused, by: 1. Your negligent acts or omissions; or 2. The negligent 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. 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. All other terms, conditions, provisions and exclusions of this policy remain the same. M-GL-5733-A CW (11/23) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 203 of 236 Additional Insured - Owners, Lessees Or Contractors - Completed Operations ZURICHr THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 8902940 06 Effective Date: 12/31/2025 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE MAN 002 Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Blanket when required by written contract, agreement All projects or locations where required by written or permit and is executed prior to loss. contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 to the extent of liability for "bodily injury" or "property damage" caused by your negligent acts or omissions in the completion of "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". All other terms, conditions, provisions and exclusions of this policy remain the same. M-GL-5735-A CW (11/23) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 204 of 236 COMMERCIAL GENERAL LIABILITY Policy Number: GLO 8902940 06 CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG20011219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 205 of 236 POLICY NUMBER: GLO 8902940 06 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): Any person or organization when required by written contract, agreement or permit executed prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery 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. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 206 of 236 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on 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 12:01 AM 12/31/2025 Issued to API GROUP, INC. By Zurich American Insurance Company forms a part of Policy No. WC 8902941 06 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule Any person or organization required by written contract, agreement or permit executed prior to the loss. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Texas, Utah, or Washington. This form is not applicable in Missouri when there is a construction code on the policy and there is Missouri premium or exposure. WC 00 03 13 Countersigned by /�1 A"1A (Ed. 04/84) Authorized Representative Page 207 of 236 February 12, 2026 Item No. 7.5. McCulloch Water/Wastewater Rehab Deductive Change Order Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a deductive change order with Kieschnick General Contractors, Inc, in the amount of $557,172 for the McCulloch Water and Wastewater Rehabilitation Project. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The City recently completed work in the McCulloch Neighborhood to rehabilitate the water and wastewater lines. The contractor identified opportunities to save costs and still produce quality work. The project was bid to include temporary water for residences in case any of the waterline work required an extended outage for residences. The contractor was able to keep everyone in service while building the new line and switched all residences to the new line without extended outages, thus resulting in the most significant savings on the project. Budget & Financial Summary: A combined budget of $9,527,000 is included in the Water and Wastewater Capital Improvement Projects Funds. A combined total of $8,420,933 has been spent to date. The proposed deductive change order will reduce the encumbered amount by a combined total of $577,172 Attachments: 1. McCulloch Rehab Project - Closeout CO_VendorSigned Page 208 of 236 (kif CITY OF COI,LFGE STATION CONTRACT & AGREEMENT ROUTING FORM 24300504C05 WA/WW1900001 Home of Texas Ae'�MUniversity' CONTRACT#: PROJECT#: BID#: RFP#: Project Name / Contract Description: McCulloch Utility Rehab Rehabilitation of water and wastewater utilities in the McCulloch neighborhood Name of Contractor: Kieschnick GC, Inc CONTRACT TOTAL VALUE: $ 7,561,467.00 Grant Funded • Yes No If yes, what is the grant number: 1 Debarment Check Section 3 Plan Incl. • • Yes Yes No No NEW CONTRACT RENEWAL # N/A Davis Bacon Wages Used 0 Yes ❑ Now N/A N/A Buy America Required 0 Yes ❑ Now N/A Transparency Report Yes I No I N/A • CHANGE ORDER # 5 OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) A combined budget of $9,527,000 is included in the Water and Wastewater Capital Improvement Projects Funds. A combined total of $8,420,933 has been spent of committed to date The proposed deductive change order will reduce the encumbered amount by a combined total of $577,172 (If required) * CRC Approval Date*: N/A Council Approval Date*: 2/12/26 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: N/A Performance Bond: N/A Payment Bond: N/A Form 1295: BW SIGNATURES RECOMMENDING APPROVAL DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE LEGAL DEPARTMENT DATE ASST CITY MGR — CFO DATE APPROVED & EXECUTED CITY MANAGER DATE N/A MAYOR (if applicable) DATE N/A CITY SECRETARY (if applicable) DATE Original(s) sent to CSO on Scanned into Laserfiche on Original(s) sent to Fiscal on Page 209 of 236 CITY OF COLLEGE STATION Public Works Memo Date: January 5, 2026 To: Jennifer Cain, CCM. Capital Projects and Facility Manager Director From: Casey Rhodes, Project Manager II, Capital Projects RE: McCulloch Rehab Change Order #5 This change order adds work to repair conduit damaged in Wayne Smith Park, finalizes quantities, and closes out the project. If there is any additional information I can provide, please feel free to contact me at x6248, or crhodes@cstx.gov. Page 210 of 236 CHANGE ORDER NO. 5 P.0.#.22403716 DATE- 1/9/2026 PROJECT: McCulloch Rehab Contract No. 24300504 ITB NO. 24-048 OWNER: City of College Station P.O. Box 9960 Texas 77842 PURPOSE tOF'THIS CHANGE ORDER: This change order adds work to repair to damaged electrical conduits for lights in Wayne Smith Park near the Lincoln Center. This change order also finalize all quantities and closes out the project. CONTRACTOR: Contractor Name Kreschnick General Contractors Contractor Address PO Box 200 Contractor Address Welbom, Tx 77881 ITEM NO UNIT DESCRIPTION UNIT PRICE ORIGINAL QUANTITY REVISED QUANTITY ADDED COST 6 SY 22 LF 24 LS 25 LF Block Sodding R&R existing trench drain R&R exsting 36" RCP stone line & con HW R&R 6" curb and gutter 27 SY Remove & Replace Ex. Concrete Driveway 28 29 SY SY 30 SY 34 SF 36 EA 37 LS 38 LF 39 LF 59 EA 69 LF 85 EA 91 EA 111 LS RC01.9 EA C06.1 EA Remove & Replace Ex. Concrete Driveway (Sewer Lines G & H) Remove & Replace Ex. Asphalt Driveway Remove & Replace Ex. Asphalt Pavement Remove & Replace Ex. Concrete Sidewalk Accessibility Curb Ramp Thermoplastic stnping 18" stl cas pipe w/10" HDPE ssl & case spacer 12" HDPE (DR-17) Sanitary Sewer Line by Pipe Bursting Standard 5' Dia. Storm Sewer Conflict Manhole 14" Steel Casing Pipe by Dry Mechanical Bore w/ 6" AWWA C-900 DR14 PVC Water Line and Casing Spacers 4" Gate Valve 8"x4"Tee Temporary Water 8"x45 Bend Park Light circuit repair $9.00 $300.00 $10,000.00 $50.00 $132.00 780 $132.00 883 $90.00 40 $90.00 $12.00 $2,000.00 $5,000.00 $225.00 $138.00 $6,000.00 $400.00 $1,500.00 $1,000.00 $55.00 $700.00 $4,000.00 3874 8 1 6800 4600 4750 10 1 10 1530 1 O $ (34,866.00) O $ (2,400.00) O $ (10,000.00) 5801 $ (49,950.00) 800 $ 2,640.00 O $ (116,556.00) 22 $ (1,620.00) 4678 $ 7,020.00 4122 $ (7,536.00) 9 $ (2,000.00) O $ (5,000.00) O $ (2,250.00) 1522 $ (1,104.00) 0.15 $ (5,100.00) 120 65 $ (22,000.00) 1 1 5650 0 0 O $ (1,500.00) O $ (1,000.00) O $ (310,750.00) 4 $ 2,800.00 1 $ 4,000.00 TOTAL $ (557,172.00) THE NET AFFECT OF THIS CHANGE ORDER IS 2.78% DECREASE. LINE 9 WW1900001 LINE 4 WA1900001 TOTAL CHANGE ORDER ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 CHANGE ORDER NO. 2 CHANGE ORDER NO. 3 CHANGE ORDER NO. 4 CHANGE ORDER NO. 5 REVISED CONTRACT AMOUNT ORIGINAL CONTRACT TIME TIME EXTENSION 1 TIME EXTENSION 2 REVISED CONTRACT TIME SUBSTANTIAL COMPLETION DATE REVISED SUBSTANTIAL COMPLETION DATE Council Date COUNCIL APPROVED CONTINGENCY CONTINGENCY USED TO DATE AVAILABLE CONTINGENCY FOR THIS CHANGE ORDER $ (111,488.00) $ (445 684.00) $ (55 ,172.00) $7,777,493.00 $21,196.00 $190,840.00 $25,632.00 $103,478.00 -$557,172.00 $7,561,467.00 365 21 25 386 8/28/2025 10/13/2025 $777,749.00 $237,668.00 $540,081.00 Days Days Days Days 0.27% CHANGE 2.45% CHANGE 0.33% CHANGE 1.33% CHANGE -7.16% CHANGE -2.78% TOTAL CHANGE APPROVED N/A NE CONTRACTOR Date INT.R 1 /23/2026 O CO C CTOR Date PROJECT MANAGER Date DEPARTMENT DIRECTOR Date CITY ATTORNEY ASST CITY MGR - CFO CITY MANAGER Date Date Date Page 211 of 236 CHANGE ORDER REQUEST NO. 6 - Reconciliation DATE: 11/20/2025 PROJECT: McCulloch Utility Rehab GENERAL CONTRACTOR: 11,0 Kieschnick General Contractors P.O. Box 200 Wellborn,TX 77881 PURPOSE OF THIS CHANGE ORDER: Contract Reconciliation ITEM NO UNIT DESCRIPTION RECONCILIATION R-6 SY Block Sodding R-22 LF R&R existing trench drain R-24 LS R&R existing 36" RCP storm line & con hw R-25 LF R&R 6" curb & gutter R-27 SY R&R existing concrete driveway R-28 SY R&R existing concrete dw (swr line G&H) R-29 SY R&R existing asphalt driveway R-30 SY R&R existing asphalt pavement R-34 SF R&R exisitng concrete sidewalk R-36 EA Access curb ramp R-37 LS Thermoplastic striping R-38 LF 18" stl cas pipe w/10" HDPE ssl & cas space R-39 LF 12" HDPE ssl by pipe burst R-59 EA stand 5' dia storm conflict manhole R-69 LF 14" stl cas pipeby dry mech bore R-85 EA 4" Gate valve R-91 EA 8x4 Tee 11i LF Temporary Water RC01.9 EA I.94-8x45 Bend RC01.10 EA Park Light Circuit repair OWNER: City of College Station ORIGINAL Quantity to UNIT PRICE QUANTITY Add/Deduct COST CHANGE $9.00 $300.00 $10,000.00 $50.00 $132.00 $132.00 $90.00 $90.00 $12.00 $2,000.00 $5,000.00 $225.00 $138.00 $6,000.00 $400.00 $1,500.00 $1,000.00 $55.00 $700.00 $4, 000.00 -3874 - 8 - 1 - 999 20 - 883 - 18 78 - 628 - 1 - 1 - 10 - 8 - 0.85 - 55 - 1 - 1 - 5650 4 1 ($34, 866.00) ($2,400.00) ($10,000.00) ($49, 950.00) $2,640.00 ($116,556.00) ($1, 620.00) $7,020.00 ($7,536.00) ($2,000.00) ($5,000.00) ($2,250.00) ($1,104.00) ($5,100.00) ($22,000.00) ($1, 500.00) ($1,000.00) ($310,750.00) $2,800.00 $4, 000.00 ($557,172.00) ADD TO CONTRACT ORIGINAL CONTRACT AMOUNT Change Orders To Date 5 This Proposal 6-Rec REVISED CONTRACT AMOUNT ORIGINAL CONTRACT TIME $7,777,493.00 GC REQUEST $341,146.00 ($557,172.00) $7,561,467.00 365 Change Page 212 of 236 Time Ext 1 Time Ext 2 ADDITIONAL DAYS ON THIS CHANGE PROPOSAL 21 25 0 411 NEW TOTAL I APPROVED: N/A A/E CONTRACTOR N/A GENERAL CONTRACTOR N/A Date PROJECT MANAGER Date N/A Date SUBCONTRACTOR Date I COMMENTS: Page 213 of 236 February 12, 2026 Item No. 8.1. Update from the College Station Fire Department Sponsor: Richard Mann, Chief of Fire and Emergency Services Reviewed By CBC: N/A Agenda Caption: Presentation, discussion, and possible action on an update from the College Station Fire Department. Relationship to Strategic Goals: 1. Core Services Recommendation(s): Staff welcomes feedback from the Council and community. Summary: The presentation will include an update on 2025 operations and activities for the College Station Fire Department. Budget & Financial Summary: None Attachments: None Page 214 of 236 February 12, 2026 Item No. 9.1. Resolution of Support for affordable Low Income Housing Tax Credit Development Knoxwood Crossing Sponsor: David Brower Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding a resolution of support of a proposal received in response to RFI 26-032 for the development of affordable housing in College Station through the Texas Department of Housing and Community Affairs 2026 Low Income Housing Tax Credit allocation process. Relationship to Strategic Goals: • Financially Sustainable City • Core Services and Infrastructure • Neighborhood Integrity • Diverse Growing Economy Recommendation(s): Staff Recommends Support Summary: Staff will provide a presentation regarding the demonstrated need for more affordable rental units in College Station, a summary of the 9% Low Income Housing Tax Credit program and scoring criteria, and details regarding the proposal received in response to RFI 26-032 - Affordable Housing Development. One proposal was received in response to the RFI from Woda Cooper Companies, Inc. to develop affordable rental housing for a 60 unit family/workforce development called Knoxwood Crossing at 2735 South Harvey Mitchel Parkway. The development would feature one, two, and three bedroom units, serving families earning between 30% to 60% of Area Median Income. Not taking action to support the development could jeopardize its' ability to secure a tax credit allocation. Budget & Financial Summary: Attachments: 1. Knoxwood Crossing Woda Cooper Companies College Station Affordable Housing RFI 2. Knoxwood Organizational Charts 3. Tax Credit Support Resolution Knoxwood Page 215 of 236 Ciivoi COI JSi iIO I !me ofTexas A&M University Iu ■■ ■ WODA COOPER COMPANIES City of College Station, Texas RFI No. 26-032 Request for Interest Affordable Housing Development Applicant: Woda Cooper Companies, Inc. L , REAR SETBACK rl nl IIII III III IIII IIII ▪ 1--- __ CD ELECTRICAL EASEMENT SEWER EASEMENT PRCPERTf LINE I I ?B'BACK YARD PROPERTY LINE 201 ISEhDACK EgTI EMEIC Lj � — Nr - CREPROPOSED S(GRG S) BO UNITS -NO KNOWN FLOODKAIN NUNI ;=I ELaY AR UNIT TABULATION �aoUNITTYPETIGN PONDTS 1CICI YE Al 2I1 PI 27 15 PUBLIC �. UHLI, I¢ TOTAL AY I EASEMENT GR�.PHIC SCaLE IIIIIIIIIIII IIII II1 I I PROPERTY LINE W ERCM YARD SETBACK HARVEY MITCHELL PKNN S g . I'L I � m 122' PRIMATE ACCESS EASEMENT REQUIRED'PARKING TABUL4TION f2n%1. MN 32 OBSO UNIT i3%3 31 GSM Bm30 TOTAL LINT 23 PARKING PROVIDED UNCOVERED TOTAL PROVIDED PARKING RATIC, / UNIT BUILDING NEY (xa�ILnING NEE BE 123 123 ©toss.. P1OJECT.5. • X z Y H cc • 0 o O ~ O � W 0 X O J Y O 0 VS SITE PLAN °ATE.sxu A1.0 Knoxwood Crossing 2735 South Harvey Mitchell Parkway College Station, Texas 77840 Page 216 of 236 CITY OP COILE:GE STATION Home of Texas AdAl University Table of Contents Letter of Interest 3 Site Location 4 Development Narrative 5 Site Plan .6 Preliminary Cost Estimates 7 Firm's Capability to Finance Proposed Development & Funding Request 8 Page 217 of 236 �f' CITY OF COI1.b:GH STATION Home of TexasAdM Uuivrnity Letter of Interest Page 218 of 236 III I WODA COOPER COMPANIES David Brower City of College Station Planning & Development Services Department P.O BOX 9960 College Station, Texas 77842 dbrower@cstx.gov RE: RFI NO. 26-032 Request For Interest Affordable Housing Development To Whom it May Concern, Please accept the following submission as Woda Cooper Companies Inc.'s (WCCI) formal response to RFI NO. 26-032, gauging the interest for affordable housing development in College Station, Texas. WCCI is pleased to present the proposed development of Knoxwood Crossing, a 60-unit, 4-story elevator community to be located at 2735 South Harvey Mitchell Parkway, College Station, Texas 77840 (Brazos County Central Appraisal District Property ID 31044). WCCI brings more than thirty-five (35) years of experience in the development, construction, and management of workforce and senior multifamily housing. Our portfolio spans 18 states and includes more than 350 communities and 17,000 units under management. WCCI consistently ranks among the nation's top ten affordable housing developers by Affordable Housing Finance. Since our inception in 1990, Woda Cooper has completed only one disposition —a small portfolio of rural communities in the Midwest —reflecting our long-term commitment to owning and managing our communities in perpetuity. Our development philosophy prioritizes community engagement, thoughtful planning, and innovative design. We value long-term partnerships with municipalities and strive to ensure that our communities serve as lasting sources of pride for all stakeholders upon completion. If there are any comments, questions, or concerns, please feel free to reach out via email at osarig@wodagroup.com. We look forward to working with the City of College Station. Sincerely, Ont¢A. Omer Sarig Development Specialist Woda Cooper Companies, Inc OFFICES LOCATED IN GEORGIA, INDIANA, KENTUCKY, MARYLAND, MICHIGAN, NORTH CAROLINA, OHIO, AND VIRGINIA. WODA COOPER COMPANIES, INC. IS AN ESOP OWNED COMPANY AND PARENT COMPANY OF WODA CONSTRUCTION, INC., WODA MANAGEMENT & REAL ESTATE, LLC, AND WODA COOPER DEVELOPMENT, INC. Page 219 of 236 �f' CITY OF COILb:GH: STATION Home of TexasAdM Uuivrnity Site Location Page 220 of 236 ▪ III ▪ I. I • II II WODA COOPER COMPANIES Site Location The subject site for the proposed 60-unit development of Knoxwood Crossing is at 2735 South Harvey Mitchell Parkway, College Station, Texas 77840. This 3.55-acre parcel is at Brazos County Parcel ID 31044: GREAT AGG,E LAND llC Yew More Propgpy Information ckitipe.h2reP-Ilmr.410.nary Property Information PropenyID: 31064 Legal Aueaes 1550000 GEO IO 604901-0001-0030 regal Demrpeem THE C0EEK PLACE, BLOCK 1, LO1-3,.515155 Tract or Lot 3 Abmad Sandrriion Cods 604901 Blo06 1 NNyllo.hood Cods. CSTAT COMM Shoo Die = 52 Gr5r...C2 ]mmro Exhibit A: Knoxwood Crossing Parcel Map Exhibit B: Knoxwood Crossing Parcel within City Limits OFFICES LOCATED IN GEORGIA, INDIANA, KENTUCKY, MARYLAND, MICHIGAN, NORTH CAROLINA, OHIO, AND VIRGINIA. WODA COOPER COMPANIES, INC. IS AN ESOP OWNED COMPANY AND PARENT COMPANY OF WODA CONSTRUCTION, INC., WODA MANAGEMENT & REAL ESTATE, LLC, AND WODA COOPER DEVELOPMENT, INC. Page 221 of 236 �f' CITY OF COI1.b:GH STATION Home of TexasAdM Uuivrnity Development Narrative Page 222 of 236 I WODA COOPER COMPANIES Development Narrative The proposed development of Knoxwood Crossing is to be located at 2735 South Harvey Mitchell Parkway, College Station, Texas 77840 (Brazos County Central Appraisal District Property ID 31044). The 3.55-acre community will feature amenity green space for resident leisure, incorporating aesthetically pleasing landscaping with Texas native canopy trees, non -canopy trees, and shrubs. Sidewalks along Harvey Mitchell Parkway will enhance pedestrian walkability and provide convenient access to nearby amenities. Thoughtful site design and planning will also allow for drive aisle connection to the adjacent Creek Place Retail, ensuring efficient traffic flow and multiple points of ingress and egress. A vehicle parking ratio greater than two spaces per unit, in addition to bicycle parking on -site, would effectively address the parking demands associated with College Station's large growing population. The community exterior would incorporate a combination of masonry, Hardie fiber cement, and vertical/horizontal siding. The four (4) story elevator building will feature an integrated designer clubhouse with a community room, fitness center, warming kitchen, and on -site laundry facilities. The community would feature one (1), two (2), and three (3) bedroom units, serving individuals and families earning between 30% to 60% of Area Median Income. Each unit would be equipped with energy -efficient appliances, spacious kitchen islands, luxury vinyl tile flooring, and washer & dryer hook-ups. Residents would benefit from professional on -site management and maintenance staff that would address resident concerns and maintain general upkeep of the community. Security camera systems will be installed throughout the building hallways, stairwells, and common spaces. Thoughtful landscaping, lighting, and exterior cameras will ensure enhanced resident security throughout Knoxwood Crossing. OFFICES LOCATED IN GEORGIA, INDIANA, KENTUCKY, MARYLAND, MICHIGAN, NORTH CAROLINA, OHIO, AND VIRGINIA. WODA COOPER COMPANIES, INC. IS AN ESOP OWNED COMPANY AND PARENT COMPANY OF WODA CONSTRUCTION, INC., WODA MANAGEMENT & REAL ESTATE, LLC, AND WODA COOPER DEVELOPMENT, INC. Page 223 of 236 �f' CITY OF COILF:GF: STATION Home of TexasAdM Uuivrnity Site Plan Page 224 of 236 20' REAR SETBACK 20' ELECTRICAL EASEMENT r PROPERTY LINE GRAPHIC SCALE 0 60' 120' ( IN FEET ) 1 inch = 60 ft. SEWER EASEMENT 20' BACK YARD I SEIVBACK 15' PUBLIC 0 UTILITY EASEMENT I I I I I I I I I I I I I I I I I I I I I PROPERTY LINE 20' ELECTRICAL EASEMENT PROPERTY LINE 26' FRONT YARD SETBACK HARVEY MITCHELL PKWY S PROPERTY LINE 100 YEAR FLOODPLAIN 20' PUBLIC /UTILITY — EASEMENT • — SITE DATA CURRENT ZONING: GC PROPOSED ZONING: MF (R-4) —3.55 TOTAL ACRES (GROSS) 60 UNITS —16.90 UNITS/ACRE -NO KNOWN FLOODPLAIN -NO DETENTION POND UNIT TABULATION: } UNIT TYPE #UNITS iz Al 20 w B1 27 O Cl 13 ' d TOTAL: 60 1 1 23' PRIVATE ACCESS EASEMENT PARKING TABULATION: PARKING REQUIRED: 1.5/ 1-BED UNIT (20X1.50) 30 2/ 2-BED UNIT (27X2.00) 54 3/ 3-BED UNIT (13X3.00) 39 TOTAL 123 PARKING PROVIDED UNCOVERED 123 TOTAL PROVIDED 123 PARKING RATIO = 2.05 / UNIT BUILDING KEY BUILDING NUMBER BUILDING TYPE SITE PLAN SCALE: 1" = 60'-0" Dross ..It.,.rnzi.D 1 PROJECT: #25109 DATE: 10.03.25 A1.0 SITE PLAN Copyright © 2025 Page 225 of 236 �f' CITY OF COI1.b:GH STATION Home of TexasAdM Uuivrnity Preliminary Cost Estimates Page 226 of 236 III I WODA COOPER COMPANIES Preliminary Cost Estimates The development of Knoxwood Crossing, a 60-unit, 100% affordable community would be an approximately 21-million-dollar investment in the city of College Station. Not only would the development help the city achieve its goals related to affordable housing, but it would also serve as a source of tax revenue for the city, county, and school district. Please see Table 1 below for a preliminary breakdown of the sources and uses of funds for the development of Knoxwood Crossing. Sources Uses Federal Investor Equity $16,998,300 Permanent First $2,480,000 Mortgage Deferred $1,077,734 Developer Fee Total Sources $20,556,034 Land Acquisition, Total Hard & Soft Costs Reserves Developer Fee Total Uses Table 1: Preliminary Cost Estimates $17,825,623 $495,656 $2,234,755 $20,556,034 OFFICES LOCATED IN GEORGIA, INDIANA, KENTUCKY, MARYLAND, MICHIGAN, NORTH CAROLINA, OHIO, AND VIRGINIA. WODA COOPER COMPANIES, INC. IS AN ESOP OWNED COMPANY AND PARENT COMPANY OF WODA CONSTRUCTION, INC., WODA MANAGEMENT & REAL ESTATE, LLC, AND WODA COOPER DEVELOPMENT, INC. Page 227 of 236 �f' CITY OF COI1.b:GH STATION Home of TexasAdM Uuivrnity Capability to Finance Proposed Development & Funding Request Page 228 of 236 III I 111 WODA COOPER COMPANIES Firm's Capability to Finance Proposed Development & Funding Request In Woda Cooper Companies, Inc.'s (WCCI) 35-year history of operation, our organization has successfully financed and developed more than 350 affordable housing communities across 17 states. We maintain long-standing relationships with numerous banks, financial institutions, and syndicators who are highly experienced in Low -Income Housing Tax Credit (LIHTC) financing. WCCI prides itself on conducting thorough analyses of each state's Qualified Allocation Plan (QAP) and effectively translating those requirements into competitive applications. As a result, more than 50 percent of the LIHTC applications we submit in the states in which we operate receive an allocation of credits each year. Construction is scheduled to commence in the first quarter of 2026 on our first development in Texas, Tecovas Terrace, located at 1601 Southeast 28th Avenue in Amarillo, Texas. Through this endeavor, WCCI has demonstrated its ability to successfully navigate the Texas Department of Housing and Community Affairs (TDHCA) process and collaborate with lenders and investors to fully finance an affordable housing development in Texas. WCCI respectfully requests a contribution of $500,000 from the City of College Station's Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funding pool to support the development of Knoxwood Crossing. Knoxwood Crossing is proposed as a 60-unit, 100 percent affordable housing community, closely aligning with the City's housing goals and strategic initiatives. The City's 2024 Housing Action Plan indicates that more than 58 percent of renters in College Station are currently cost -burdened, and that the community is projected to face a housing shortage exceeding 4,000 units by 2030. These figures underscore the significant and growing need for high - quality, attainable housing options within the city. WCCI is eager to partner with the City of College Station to help address this need and contribute meaningfully to the expansion of affordable housing opportunities for its residents. OFFICES LOCATED IN GEORGIA, INDIANA, KENTUCKY, MARYLAND, MICHIGAN, NORTH CAROLINA, OHIO, AND VIRGINIA. WODA COOPER COMPANIES, INC. IS AN ESOP OWNED COMPANY AND PARENT COMPANY OF WODA CONSTRUCTION, INC., WODA MANAGEMENT & REAL ESTATE, LLC, AND WODA COOPER DEVELOPMENT, INC. Page 229 of 236 Knoxwood Crossing Owner Structure DEVELOPMENT PARTNERSHIP Knoxwood CrossingLimited Partnership 0.01% GENERAL PARTNER Knoxwood Crossing GP, LLC an 0 100% MEMBER Woda Cooper Communities III, LLC an Ohio limited liability company Formed 7/13/2023 Member/Manager Jeffery J. Woda (ATC) 1% Member/Manager David Cooper, Jr. (ATC) 1% Member 45N Limited Partnership 48% Member Powhatan Holdings, LLC 50% 99.99% INVESTOR LIMITED PARTNER TBD Page 230 of 236 48% MEMBER 45N Limited Partnership an Ohio limited partnership Formed 9/2/2020 General Partner 45N LLC 20% Limited Partner Clay F. Cooper 40% Limited Partner Grace Cooper Olson 40% Knoxwood Crossing Organizational Structure —Ownership 20% General Partner 45N LLC an Ohio limited liability company Formed 8/27/2020 Managing Member David Cooper, Jr. 50% Member Cheryl P. Cooper 50% 50% MEMBER Powhatan Holdings, LLC an Ohio Limited Liability Company Formed 1/11/2001 Managing Member Jeffrey J. Woda 25% Member Veronica P. Woda 25% Member Madeline B. Woda 25% Member Esther L. Woda 25% Page 231 of 236 Knoxwood Crossing Organizational Structure —Developers 100% MEMBER Woda Cooper Development, Inc. an Ohio Corporation Formed 9/13/2017 David Cooper, Jr., President (ATC) Jeffrey Woda, CEO (ATC) Erica Green, SVP Lance Paulick, SVP Joseph DiCesare, SVP 100% Shareholder Woda Cooper Companies, Inc. an Ohio Corporation Formed 7/2/2009 David Cooper, Jr., President (ATC) Jeffrey Woda, CEO (ATC) Erica Green, SVP Lance Paulick, SVP Joseph DiCesare, SVP 100% Shareholder Valhalla Holdings, Inc. Employees Stock Ownership Plan and Trust Formed 1/1/2008 Andrew Bishop, Trustee Page 232 of 236 Knoxwood Crossing Organizational Structure —Guarantors Tax Credit Delivery Guarantor Woda Cooper Companies, Inc. an Ohio Corporation Formed 7/2/2009 David Cooper, Jr., President (ATC) Jeffrey Woda, CEO (ATC) Erica Green, SVP Lance Paulick, SVP Joseph DiCesare, SVP 100% Shareholder Valhalla Holdings, Inc. Employees Stock Ownership Plan and Trust Formed 1/1/2008 Andrew Bishop, Trustee Construction Loan Guarantor Woda Construction, Inc. an Ohio Corporation Formed 5/2/1990 David Cooper, Jr., President (ATC) Jeffrey Woda, CEO (ATC) Erica Green, SVP Lance Paulick, SVP Joseph DiCesare, SVP 100% Shareholder Woda Cooper Companies, Inc. an Ohio Corporation Formed 7/2/2009 David Cooper, Jr., President (ATC) Jeffrey Woda, CEO (ATC) Erica Green, SVP Lance Paulick, SVP Joseph DiCesare, SVP 100% Shareholder Valhalla Holdings, Inc. Employees Stock Ownership Plan and Trust Formed 1/1/2008 Andrew Bishop, Trustee Page 233 of 236 RESOLUTION NO. A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DECLARING SUPPORT FOR KNOXWOOD CROSSING LIMITED PARTNERSHIP TAX CREDIT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE YEAR 2026. WHEREAS, Knoxwood Crossing Limited Partnership ("Knoxwood"), affiliated with Woda Cooper Companies Inc. the respondent to RFI 26-032, has proposed the new construction of affordable rental housing at 2735 South Harvey Mitchell Parkway, named the Knoxwood Crossing ("Development") in the City of College Station, Brazos County, Texas; and WHEREAS, Knoxwood has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs for 2026 Competitive 9% Housing Tax Credits for the Development; and WHEREAS, Knoxwood has requested a waiver of development/permit fees in the amount of $500.00 for the Development as a commitment of development funding from the City of College Station, Texas; and WHEREAS, the construction of affordable rental housing in accordance with the City of College Station Consolidated Plan which demonstrates a need for this type of development; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby declares support of the application for tax credits for the development of affordable rental housing at 2735 South Harvey Mitchell Parkway. PART 2: That the development of Knoxwood Crossing fulfills a need for additional affordable rental housing in accordance with the City of College Station Consolidated Plan. PART 3: That the City Manager and their designee(s) are authorized to waive development and permit fees for the development of rental housing at 2735 South Harvey Mitchell Pkwy in the amount of $500.00. PART 4: PART 5: PART 6: That as provided for in 10 Texas Administrative Code ("TAC") § 11.3(e) and § 11.4(c)(1), it is hereby acknowledged that the proposed new construction development is located in a census tract that has more than 20% Housing Tax Credit Units per total households. That the City of College Station hereby confirms that its Governing Body has no objection to the application, pursuant to 10 TAC § 11.3(e) and § 11.4(c)(1) of the Qualified Allocation Plan. That as provided for in 10 TAC § 11.101(a)(3) of the Qualified Allocation Plan, it is hereby acknowledged that the proposed development is located in a census tract that has a poverty rate above 40% for individuals. Page 234 of 236 PART 7: It is found and determined that the meeting at which this Resolution was passed was open to the public as required, and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act; and PART 8: That this resolution shall take effect immediately from and after its passage. ADOPTED this 12th day of February, AD 2026 ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 235 of 236 February 12, 2026 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 236 of 236