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08/22/2024 - Regular Agenda Packet - City Council
(*OF"" CPFY OF COLLEGE STATION Home of Texas A&M University® August 22, 2024 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 1751 Passcode: gZw5cS Phone: 469-480-7460 1 Phone Conference: 168 564 318# 4:00 PM City Hall Council Chambers Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third - party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in -person only. 1. Call to Order. 2. Executive Session Agenda. Executive Session is closed to the public and will be held in the 1938 Executive Conference Room. The City Council may according to the Texas Open Meetings Act adjourn the Open Meeting during the Consent, Workshop or Regular Agendas and return into Executive Session to seek legal advice from the City Attorney regarding any item on the Workshop, Consent or Regular Agendas under Chapter 551, Texas Government Code. 2.1. Consultation with Attorney {Gov't Code Section 551.071}; Possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney -client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney -client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas. b. City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas. c. SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 — Application of the City of College Station to Change Rates for Wholesale Transmission Services. d. Cynthia Hopkins & Geoffry Hopkins v. City of College Station, Cause No. 23-002880-CV-85 in the 85th District Court, Brazos County Texas. e. Legal advice related to an interlocal agreement with the City of Bryan for sewer service. f. Legal advice related to the 2014 and 2022 Economic Development Agreements with Fujifilm Diosynth. g. Legal advice related to College Station's water permits issued or pending from the Brazos Valley Groundwater Conservation District and export permits pending or issued from the Brazos Valley Groundwater Conservation District. College Station, TX Page 1 Page 1 of 525 City Council 2.2. Personnel (Gov't Code Section 551.074); Possible action. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a. City Manager b. Council Self Evaluation 2.3. Competitive Matters (Gov't Code Section 551.086); Possible action. The City Council may deliberate, vote, or take final action on a competitive matter as that term is defined in Gov't Code Section 552.133 in closed session. The following is a general representation of the subject matter to be considered: a. Power Supply 3. The Open Meeting will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. 4. Pledge of Allegiance, Invocation, and Consider Absence Request. Speaker Protocol An individual who desires to address the City Council regarding any agenda item other than those items posted for Executive Session must register with the City Secretary two (2) hours before the meeting being called to order. Individuals shall register to speak or provide written comments at https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling 979-764- 3500. Upon being called to speak an individual must state their name and city of residence, including the state of residence if the city is located out of state. Speakers are encouraged to identify their College Station neighborhood or geographic location. Please do not carry purses, briefcases, backpacks, liquids, foods or any other object other than papers or personal electronic communication devices to the lectern, nor advance past the lectern unless you are invited to do so. Comments should not personally attack other speakers, Council or staff. Each speaker's remarks are limited to three (3) minutes. Any speaker addressing the Council using a translator may speak for six (6) minutes. The speaker's microphone will mute when the allotted time expires and the speaker must leave the podium. 5. Hear Visitors. During Hear Visitors an individual may address the City Council on any item which does not appear on the posted agenda. The City Council will listen and receive the information presented by the speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concern shall be directed to the City Manager. 6. Consent Agenda. Presentation, discussion, and possible action on consent items which consist of ministerial or "housekeeping" items as allowed by law. A Councilmember may request additional information at this time. Any Councilmember may remove an item from Consent for discussion or a separate vote. 6.1. Presentation, discussion, and possible action of minutes for: • August 8, 2024 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM080824 DRAFT Minutes 6.2. Presentation, discussion, and possible action to authorize expenditure of funds for Fiscal Year 2025 for items exempt from competitive bidding as described more fully in Texas Local Page 2 August 22, 2024 Page 2 of 525 City Council Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000-1 and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. Sponsors: Mary Ellen Leonard Attachments: 1. 2025 Exemptions List Over $100K - Revised 6.3. Presentation, discussion, and possible action on a contract for Professional Auditing Services with Weaver and Tidwell, LLP. for an amount not to exceed $135,960. Sponsors: Michael DeHaven Attachments: 1. 24300638--Weaver and Tidwell LLP. 6.4. Presentation, discussion, and possible action regarding an ordinance amending Chapter 38 "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1007 "Traffic Schedule VI I, one- way streets and alleyways," of the Code of Ordinances of the City of College Station, Texas, to designate Cathedral Pines Drive as a one-way street. Sponsors: Jason Schubert Attachments: 1. Ordinance 2. Vicinity Map 3. Letter of Support - Baylor Scott & White 6.5. Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with 2906 Holdings, LLC (dba Waste Falcon) for the collection of recyclables from commercial businesses and multi -family locations. Sponsors: Emily Fisher Attachments: 1. 24300572 2906 Holdings LLC Franchise Agreement (Vendor Signed) 6.6. Presentation, discussion, and possible action regarding a resolution granting consent to the Rock Prairie Management District No. 2 to annex approximately 19.44 acres of land into the District. Sponsors: Michael Ostrowski Attachments: 1. Consent Resolution RPMD 2 19.44 Acres 6.7. Presentation, discussion, and possible action regarding a general services contract with Buyers Barricades Houston, LLC in a not to exceed amount of $128,800 for the 2024 TAMU Football Post Game Day Traffic Control. Sponsors: Emily Fisher Attachments: 1. 24300610 Buyers Barricades Houston, LLC 6.8. Presentation, discussion, and possible action regarding an Interlocal Agreement between the City of College Station and Texas A&M University to equally share in the cost to deploy traffic control devices according to the Texas A&M Football Post Game Traffic Control Plan. Sponsors: Emily Fisher Attachments: 1. TAMU Game Day Traffic Control ILA 6.9. Presentation, discussion, and possible action on the Atmos Mid -Tex 2024 Rate Review Mechanism (RRM) Ordinance. Sponsors: Ross Brady Attachments: 1. Atmos Mid -Tex 2024 RRM Ordinance 2. Attachment 1 CY23 MTX RRM - Tariffs 3. Attachment 2 CY23 MTX RRM - Pension Benchmark 6.10. Presentation, discussion, and possible action to ratify a general services contract with Paragon Sports Constructors, LLC for emergency repairs to the fields at Veterans Park and Athletic Complex for an amount not to exceed $148,395.90. Page 3 August 22, 2024 Page 3 of 525 City Council Sponsors: Kelsey Heiden Attachments: 1. 24300645--Paragon Sports Constructors 2. 24300645 Paragon Sports Contractrors, LLC 7. Workshop Agenda. 7.1. Presentation, discussion, and possible action on a presentation and update on the Recreation Center Market Analysis and Survey. Sponsors: Jennifer Cain Attachments: None 8. Regular Agenda. 8.1. Public Hearing, presentation, possible action, and discussion on the City of College Station 2025 advertised ad valorem tax rate of $0.513086 per $100 valuation resulting in an increase in tax revenues. Sponsors: Mary Ellen Leonard Attachments: None 8.2. Presentation, discussion, and possible action on an ordinance adopting the City of College Station 2024-2025 Budget; and presentation, possible action and discussion ratifying the property tax revenue increase reflected in the budget. Sponsors: Mary Ellen Leonard Attachments: 1. Appendix A Ordinance - FY25 Budget FINAL 8.3. Presentation, discusion, and possible action on approval of an ordinance adopting the City of College Station 2024-2025 ad valorem tax rate of $0.513086 per $100 assessed valuation, the debt service portion being $0.211441 per $100 assessed valuation and the operations and maintenance portion being $0.301645 per $100 assessed valuation. Sponsors: Mary Ellen Leonard Attachments: 1. Appendix A - Ad Valorem Ordinance - FY24-25 - FINAL 8.4. Public Hearing, presentation, possible action, and discussion on a resolution adopting fees, rates, and charges as provided by Chapter 2 "Administration", Article V "Finance" Division 2 "Fees, Rates and Charges" of the Code of Ordinances, City of College Station, Texas. Sponsors: Mary Ellen Leonard Attachments: 1. FY 24-25 Fee Resolution - v3 FINAL 08.05.24 2. Fee Resolution Summary for Council 8.5. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GS General Suburban or PDD Planned Development District to GS General Suburban and ROO Restricted Occupancy Overlay or PDD Planned Development District and ROO Restricted Occupancy Overlay, on approximately 32.26 acres being 130 lots and common area within Woodcreek Section One Subdivision,generally located between Lake Forest Court S and Stonebrook Drive, excluding Woodcreek Drive from State Highway 6 S to Lake Forest Court S. Sponsors: Jeff Howell Attachments: 1. Woodcreek ROO Ordinance 2. Vicinity, Aerial, and Small Area Map 3. Background Information Page 4 August 22, 2024 Page 4 of 525 City Council 4. Rezoning Map 5. Future Land Use Map 6. Original Subdivision Plats 7. Applicant's Supporting Information 8. Petition Committee Members 9. Neighborhood Meeting Materials 10. Petition Signatures 8.6. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, Article 4 "Zoning Districts," Section 4.2 "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GS General Suburban to MH Middle Housing and HOO High Occupancy Overlay for approximately 3.66 acres being all of that certain tract or parcel of land lying and being situated in the Richard Carter League, Abstract No. 8, in College Station, Brazos County, Texas, including portions of Lot 5 and Lot 6 of the D.A. Smith Subdivision as described by plat recorded in volume 49, page 106 of the Deed Records of Brazos County, Texas, and subsequent replats of portions of these two lots, within an area generally bounded by Lincoln Avenue, Nimitz Street, and Eisenhower Street. Sponsors: Gabriel Schrum , Jeff Howell Attachments: 1. Area 00 Rezoning Ordinance 2. Vicinity, Aerial, and Small Area Map 3. Background Information 4. Future Land Use Map 5. Rezoning Map 8.7. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, Article 4 "Zoning Districts," Section 4.2 "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GS General Suburban to MH Middle Housing and HOO High Occupancy Overlay for approximately 28 acres being all of that certain tract or parcel of land lying and being situated in the Morgan Rector league, abstract no. 46, in College Station, Brazos County, Texas, including portions of the Richards Subdivision as described by plat recorded in volume 137, page 25 of the Deed Records of Brazos County, Texas, and subsequent replats of portions of it, and generally being the majority of the properties which front on Richards Street, Crest Street and Sterling Street. Sponsors: Jesse Dimeolo, Jeff Howell Attachments: 1. Richards Subdivision HOO Ordinance 2. Aerial and Small Area Maps 3. Background Information 4. Future Land Use Map 5. Rezoning Map 8.8. Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 0.034 acre portion of Public Utility Easement located in Lot 1 R-4, Block 7 of the Midtown Reserve subdivision Phase 106, according to the plat recorded in Volume 19243, Page 165, of the Official Public Records of Brazos County, Texas. Sponsors: Anthony Armstrong Attachments: 1. Ordinance 2. Ordinance Exhibit A 3. Vicinity Map 4. Location Map Page 5 August 22, 2024 Page 5 of 525 City Council 5. Application 8.9. Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 0.103 acre portion of right-of-way located on the southbound side of Midtown Drive, East of Durham Loop in the Midtown Reserve Subdivision Phase 601, according to the deed recorded in Volume 14147, Page 149, of the Official Public Records of Brazos County, Texas. Sponsors: Anthony Armstrong Attachments: 1. Ordinance 2. Ordinance Exhibit A 3. Location Map 4. Vicinity Map 5. Application 8.10. Presentation, discussion, and possible action on a construction contract with C. A. Walker Construction, in the amount of $6,037,073 for the construction of two new restroom and concession buildings at Bachmann Park, plus the City's contingency in the amount of $750,000 for a total appropriation of $6,787,073. Approval of this item grants authority for the City Manager to authorize project expenditures up to the City's contingency amount. Sponsors: Jennifer Cain Attachments: 1. Bachmann RFP-24-071, Preliminary Tab Sheet 2. Bachmann Map 3. Bachmann Park Contract 9. Council Calendar - Council May Discuss Upcoming Events. 10. Items of Community Interest. The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. 11. Council Reports on Committees, Boards, and Commissions. 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. Page 6 August 22, 2024 Page 6 of 525 City Council The City council may adjourn into Executive Session to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. I certify that the above Notice of Meeting was posted on the website and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on August 16, 2024 at 5.00 p.m. City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary's Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code & 30.07. Trespass by License Holder with an Openly Carried Handqun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codiqo Penal 4 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. "Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre." Page 7 August 22, 2024 Page 7 of 525 August 22, 2024 Item No. 6.1. August 8th Council Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • August 8, 2024 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM080824 DRAFT Minutes Page 8 of 525 MINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION AUGUST 8, 2024 STATE OF TEXAS COUNTY OF BRAZOS Present: John Nichols, Mayor Council: Mark Smith William Wright Linda Harvell Elizabeth Cunha - absent Bob Yancy Dennis Maloney Citv Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Deputy City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Nichols via In -Person and Teleconference at 4:00 p.m. on August 8, 2024, 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 §551.07 1 -Consultation with Attorney, and §551.074- Personnel, and the College Station City Council convened into Executive Session at 4:00 p.m. on August 8, 2024, to continue discussing matters pertaining to: 2.1. Consultation with Attornev to seek advice regarding vending or contemvlated litigation, to wit: • Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas; and • City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas; and • SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 — Application of the City of College Station to Change Rates for Wholesale Transmission Services; and • Cynthia Hopkins & Geoffiy Hopkins v. City of College Station, Cause No. 23-002880-CV-85 in the 85th District Court, Brazos County Texas. CCM 080824 Minutes Page 1 Page 9 of 525 • Legal advice related to an interlocal agreement with the City of Bryan for sewer service. 2.2. Deliberation on the appointment, emplovment, evaluation, reassignment, duties, discipline, or dismissal of a public officer, to wit: • City Manager • Council Self -Evaluation 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if anv. Executive Session recessed at 6:00 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve an absence request from Councilmember Cunha for the August 8, 2024 Council Meeting. The motion carried unanimously. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation proclaiminu the week of August 4-10, 2024, as Exercise with Your Child Week. Mayor Nichols presented a proclamation declaring August 4-10, 2024, as Exercise with Your Child Week. 6. Hear Visitors Comments. No one signed up to speak. 7. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Anv Councilmember may remove an item from the Consent Agenda for a separate vote. No items were pulled for discussion. 7.1. Presentation, discussion, and possible action of minutes for: • July 15, 2024 Special Meeting • July 16, 2024 Special Meeting • July 25, 2024 Council Meeting 7.2. Presentation, discussion, and possible action regarding Resolution No. 08-08-24-7.2 adopting the Program Year 2024 Annual Action Plan and the FY2025 Communitv Development budget. 7.3. Presentation, discussion, and possible action regarding Ordinance No. 2024- 4537 amending Chapter 38 "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1003 "Traffic Schedule III, stop signs," of the Code of Ordinances of the Citv of College Station, Texas, by CCM 080824 Minutes Page 2 Page 10 of 525 adding stop signs in the north and south travel direction along Mortier Drive at the intersection with Edelweiss Avenue. 7.4. Presentation, discussion, and possible action on a contract with Iteris, Inc. in a not to exceed amount of $176,000 for replacement of the video wall in the Traffic Control Center. 7.5. Presentation, discussion, and possible action regarding a general services contract with Buvers Barricades Houston, LLC in a not to exceed amount of $128,800 for the 2024 TAMU Football Post Game Dav Traffic Control. (Pulled to the August 22"d Meeting) MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Smith, the City Council voted six (6) for and none (0) opposed, to approve the Consent agenda, with the exception of Item 7.5, which was pulled to the August 22, 2024 council meeting. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action on the 2024-2025 ad valorem tax rate., and calling a public hearing on a proposed ad valorem tax rate for FY 2024-2025. Mary Ellen Leonard, Finance Director, stated that the Texas Property Tax Code requires that if an entity wishes to increase tax revenues over the no new revenue rate, then that entity must call and hold one public hearing on the proposed tax rate. FY 25 Tax Rates Proposed Debt Service Fund Proposed General Fund $30.1644■ $30.1645 Total Proposed Tax Rate $51.3086 $51.3086 No -New Revenue Rate $50.0202- $49.9960 Voter -Approval Rate $52.4914_ $52.1442 MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith, the City Council voted six (6) for and none (0) opposed, to move forward with the tax rate of 51.3086 and setting the public hearing on the proposed ad valorem tax rate will occur, Thursday, August 22, 2024 at 6:00 pm at the City Hall Council Chambers. The motion carried unanimously. Mayor Nichols announced the public hearing on the proposed ad valorem tax rate will occur, Thursday, August 22, 2024 at 6:00 pm at the City Hall Council Chambers. 8.2. Presentation, discussion, and possible action regarding the draft Goals, Strategies, and Actions Report for the Housing Action Plan. CCM 080824 Minutes Page 3 Page 11 of 525 David Brower, Community Development Analyst, presented the draft Goals, Strategies, the Actions Report for the Housing Action Plan and a brief overview of the Existing Conditions Report and Public Participation Summary. The Housing Action Plan Committee worked with City Staff to advise and make recommendations for a plan that reflects the community's vision for housing action and initiatives. The two main overarching goals of the Housing Action Plan were to create more housing units of various types to meet growing demand and to produce and preserve housing that is affordable to current and future community members. Goal 1, Strategy 1— Selectively allow increased density • Action 1 — Amend the Unified Development Ordinance to allow for greater density and housing variety • Action 2 — Rezone certain areas to allow more density and housing variety • Action 3 — Create a process for expedited permitting and reduced or waived fees for affordable housing development Goal 1, Strategy 2 — Encourage and allow infill development • Action 1 — Explore opportunities for infill development when amending the UDO or rezoning for greater density • Action 2 — Investigate allowing or promoting housing on unused institutional or public land Goal 1, Strategy 3 — Encourage innovation and sustainability in housing construction • Action 1 — Create a program to encourage and incentivize alternative and energy -efficient building methods Goal 2, Strategy 1— Create programs to facilitate homeownership • Action 1 — Create a deed -restricted homeownership program. • Action 2 — Pursue partnerships to construct affordable homeownership opportunities. • Action 3 — Pursue tools to help households qualify for financing by helping them to become landlords (live in one half of duplex, etc.) Goal 2, Strategy 2 — Create rental housing for income -qualified residents • Action 1 — Investigate the creation of a Municipal Housing Authority • Action 2 - Create an inter -generational home share program Goal 2, Strategy 3 — Establish funding mechanisms to create affordable housing for rent or purchase • Action 1 — Create a density bonus system for new development meeting increased density goals • Action 2 — Create a Local Housing Finance Corporation • Action 3 — Partner with developers through Housing Public Facility Corporations • Action 4 — Partner with Low Income Housing Tax Credit (LIHTC) developers Goal 2, Strategy 4 — Partner with community stakeholders to develop housing for their constituency • Action 1 — Work with organizations to create employee / client housing programs • Action 2 — Create formal mechanisms to collaborate with Texas A&M, Brazos County, and City of Bryan to share data and achieve housing goals Goal 2, Strategy 5 — Preserve and enhance existing housing stock • Action 1— Acquire and rehabilitate existing housing stock that is at risk of losing affordability Goal 2, Strategy 6 — Prevent displacement of low and moderate -income homeowners • Action 1 - Create initiative to help homeowners without homestead exemptions to file • Action 2 — Refer homeowners to existing weatherization programs and possibly create new program Goal 2, Strategy 7 — Provide education for tenants, homebuyers, and homeowners • Action 1 — Create a home maintenance education and training program • Action 2 — Create comprehensive homebuyer education training program • Action 3 — Create a tenant education and training program CCM 080824 Minutes Page 4 Page 12 of 525 Goal 2, Strategy 8 — Continue to seek stakeholder and citizen feedback and direction on Housing Action Plan implementation • Action 1 — Create a Housing Action Plan Oversight Committee • Action 2 — The Housing Action Plan Oversight Committee and City staff will prepare an annual progress report Mayor Nichols opened for Citizen Comments. Fred Dupriest, College Station, came before Council to explain the effect of the boundaries set for the committee in the four Comprehensive Plan "actions" will likely be that a limited number of lower income households will be assisted. He stated that nothing will help the thousands of households in need except a large increase in housing units, but competing priorities must be considered beyond affordability. Addressing these items that this is beyond the scope of this committee: • Achieve a reduction in the broader market -rate cost of housing. • Reverse displacement of workforce families by students. • Build more student housing, but it must be more dense than Middle Housing or HOOs. • Reverse College Station's decline in home ownership. • Establish the plan to continue to take more single-family zoning by A&M is an unacceptable student housing strategy. There being no further comments, the Citizen Comments was closed. 8.3. Presentation, discussion, and possible action regarding the development of a traffic congestion and mobilitv analvsis. Jason Schubert, Transportation Planning Coordinator, stated that the primary goal of this study is to improve traffic and mobility within the City now and into the future by conducting a detailed analysis of the City's transportation system and provide a quantitative view of current transportation issues, impacts, concerns, trends, system capacity surplus, and shortfalls. Planning & Development staff and the Traffic Engineering division of Public Works have been working with a consultant, TJKM, to develop the analysis which includes an assessment of 50 intersections around the city. Staff engaged with other public agency stakeholders and have posted a citizen survey to receive feedback regarding their experiences and preferences as users of different aspects of the transportation system. Nayan Amin, President of TJKM, provided an overview of the preliminary analysis, the analysis that is expected to be completed in fall 2024. This analysis is a tool to assess our transportation system, identify existing and projected challenges, and develop data -driven strategies to enhance mobility, reduce traffic congestion, and improve residents' and visitors' overall quality of life. Potential Mitigation Strategies • Strategies to enhance capacity and safety for all modes, at the deficient intersections may include: ✓ Additional turn lanes ✓ Synchronization of traffic signals along the corridors in real time ✓ Reducing the curb return radii to slow turning vehicles ✓ Alternative Traffic Control such as All -Way Stop; Traffic Signal or Roundabout ✓ Leading Pedestrian Intervals (LPI) to enhance pedestrian safety • Intersections with significant LOS issues may necessitate a larger change to the intersection design and configuration CCM 080824 Minutes Page 5 Page 13 of 525 Next Steps & Schedule • Develop toolbox for implementing mitigations • Prepare Conceptual Layouts • Prepare Cost Estimates for proposed mitigations • Develop list of potential projects for inclusion in future CIP program or for other funding sources 8.4. Presentation, discussion, and possible action regarding a presentation and update on the Texas Independence Park Proiect. Kelsey Heiden, Parks and Recreation Director, presented an updated on the Texas Independence Park Project from public engagement on the park, worked with TAW Landscape Architecture and Urban Planning Students, the park restrooms, the master plan and the budget for this project. Public Engagement — Online Survey • 553 Survey Respondents 0 20% affiliated with an HOA 0 73% said they would use a park at this location Public Open House • 40+ Meeting Attendees Next Steps • Identify Phases • Texas Parks and Wildlife Grant • Final Design MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Smith, the City Council voted six (6) for and none (0) opposed, to approve a Master Plan for the Texas Independence Park Project. The motion carried unanimously. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4537 amending Appendix A. Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the Citv of College Station, Texas by changing the zoning district boundary from GS General Suburban to GS General Suburban and ROO Restricted Occupancv Overlav on approximately 117 acres of land, being 147 lots within Sweet Briar Addition, Woodland Acres, and College Hills Woodlands Subdivisions, eenerally located between Lincoln Drive and Dominik Drive alone Ashburn Avenue. Gabriel Schrum, Planning and Development, stated that this request is to rezone approximately 117 acres from GS General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay, being approximately: • 20.04 acres being 39 lots within Sweet Briar Addition • 49.90 acres being 83 lots within College Hills Woodlands • 47 acres being 25 lots within Woodland Acres CCM 080824 Minutes Page 6 Page 14 of 525 Mr. Schrum explained that this request is to add the ROO, which is a single-family overlay zoning district, to the existing base zoning within these contiguous subdivision boundaries. The ROO is intended to provide subdivision -specific occupancy regulations — not to exceed two unrelated persons per single-family dwelling or accessory living quarter. The Sweet Briar Addition, College Hills Woodlands, and Woodland Acres Petition Committee, comprised of property owners from each original subdivision, have met all requirements of the ROO application process. The Petition Committee submitted the application materials including the ROO petition for each subdivision. When submitting an application with contiguous subdivisions applying jointly within one application, the fifty (50) percent plus one (1) petition signature threshold of property owners in support of the overlay must be met for each of the original subdivisions that apply jointly. City staff were able to verify that each original subdivision has met the petition signature threshold in support of the requested ROO. The Planning and Zoning Commission heard this item at their July 18, 2024 meeting and recommended unanimous approval of the request. At approximately 8:25 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:25 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Wright, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2024-4537, amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from GS General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay on approximately 117 acres of land, being 147 lots within Sweet Briar Addition, Woodland Acres, and College Hills Woodlands Subdivisions, generally located between Lincoln Drive and Dominik Drive along Ashburn Avenue. The motion carried unanimously. 9.2. Presentation, discussion, and possible action regarding an appointment to the Bicvcle. Pedestrian and Greenwav Advisory Board. Majority of Council appointed Carla Robinson to Position A on the Bicycle, Pedestrian and Greenway Advisory Board for a 1-year and 5-month unexpired term. 10. Council Calendar Council reviewed the calendar. 11. Items of Communitv Interest: The Council may receive reports from a Council Member or Citv Staff about items of communitv interest for which notice has not been given, including: expressions of thanks, congratulations or condolence, information regarding holidav schedules; honorary or salutary recognitions of a public official, public emplovee, or other citizen: reminders of upcoming events organized or sponsored by the Citv of College Station; information about a social, ceremonial or communitv event organized or sponsored by an entitv other than the Citv of College Station that is scheduled to be attended by a Council Member, another citv official or staff of the Citv of College Station; and announcements involving an imminent threat to the public health and safetv of people in the Citv of College Station that has arisen after the posting of the agenda. No items to report at this time. CCM 080824 Minutes Page 7 Page 15 of 525 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of Citv Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) No items to report at this time. 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to Citv 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 Citv Staffs response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policv in response to the request or inciuirv. Anv deliberation of or decision about the subiect of a request will be limited to a proposal to place the subiect on the agenda for a subsequent meeting. No future items at this time. 13. Adiournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 8:34 p.m. on Thursday, August 8, 2024. John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary CCM 080824 Minutes Page 8 Page 16 of 525 August 22, 2024 Item No. 6.2. FY25 Annual Exemptions Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action to authorize expenditure of funds for Fiscal Year 2025 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Sustainable City Recommendation(s): Staff respectfully recommends approval of the purchase requests as listed on the attached spreadsheet, and the authorization for the City Manager to approve contracts and expenditures that are on the exemption list. Summary: Every fiscal year there are a number of expenditures incorporated in the approved budget that are not subject to competitive bidding or proposals. These expenditures are for sole source purchases; expenditures for personal, professional or planning services; captive replacement parts for equipment, and other exemptions more fully described in LGC 252.022 and other expenditures for interlocal contracts or fees mandated by state law. The intent of this item is for Council to authorize the expenditure(s) which will provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. Budget & Financial Summary: Funds are either available or budgeted for each of the listed purchase requests in the Fiscal Year 2025 budget in various funds of the City, or if necessary, will be made available by proposing an appropriate budget amendment or contingency transfer Attachments: 2025 Exemptions List Over $100K - Revised Page 17 of 525 2024 Annual Exemptions FY 2024 1 FY 2025 LGC 252.022 (a)(7)(D) - Captive replacement parts or components for equipment; computer software/hardware maintenance; equipment lease/maintenance AngelTrax (Fleet Video/GPS/Diagnostic Product Maintenance) $102,098.00 $107,202.90 Azteca (Cityworks Product Maintenance) Tyler Technologies (MUNIS Product Maintenance and Services) MUNIS is the City's Enterprise Resouce Planning (ERP) system. Centralsquare (Inform Product Maintenance) Annual maintenance fees for the Computer Aided Dispatch and automated Records Management System (CAD/RMS) used by Police and Fire Dispatch. Solid Border, Inc. (Palo Alto - Firewall Maintenance) SHI (Enterprise Agreements for Microsoft 365 and P1 Licenses) Solid Border, Inc. (Palo Alto - Firewall Maintenace) Centralsquare (Trakit Product Maintenance) Heil of Texas (OEM Parts/Services for Autocars) Badger Meter, Inc. (Water Meters) $111,300.00 $121,539.60 $169,895.00 $178,389.45 $311,206.00 $330,474.14 $152,251.00 $159,862.25 $303,000.00 $437,263.00 $99,750.00 $159,862.25 $98,286.00 $106,054.38 $185,000.00 $110,000.00 $185,000.00 $110,000.00 Landis+Gyr (AMI Meters and Components) $350,000.00 $350,000.00 LGC 252.022(a)(7)(c) - Gas, water and other utility services City of Bryan (Utilities for wells and pump station) $1,000,000.00 $1,000,000.00 Frontier (Local/Long Distance Phone Service) $150,000.00 $175,000.00 Entergy (Well 8 & Well 9 electrical power) $300,000.00 $300,000.00 Expenditures pursuant to established interlocal agreements (ILA's) with various agencies ILA with Brazos Central Appraisal District This is the City's portion of the funding of the Brazos Central Appraisal District. ILA with City of Bryan (Library services) Interlocal agreement with the City cf Bryan for the management of the Larry J. Ringer Library. The library is owned by the COCS but is managed (O&M) by the City of Bryan. ILA with OMNIA Partners for Office Depot/ODB Business Solutions, LLC (Office Supplies) All products and services available through OMNIA cooperative contracts have been competitively solicited and publicly awarded utilizing industry best practices, processes and procedures. Office Depot has a local store and two-day delivery for orders placed online. Brazos County Health Department This expense is for the City's portion of the funding of the Brazos County Health Department. Preferred Access Funding Agreement As part of the effort to pay for the renovation cf Kyle Field, the COCS, worked to secure funding through the Hotel Occupancy Tax for the project. A portion of the current COCS HOT tax from visitors who stay at College Station hotels is being utilized through a Facilities Access Agreement that provides access to certain facilities at TAMU at preferred rates for events that will bring more visitors and tourists to the community. This exemption item is for the annual payment that is made as a result of that agreement. ILA with TASB (BuyBoard) for GT Distributors to supply Police/Fire duty gear, body armor, firearms/ammo, SWAT equipment, etc. ILA with TASB (BuyBoard) for Gall's Parent Holdings to supply Police/Fire/Code Enforcement uniforms and alterations ILA with TASB (BuyBoard) for ProStar Industries, Inc. to supply janitorial and paper products $641,000.00 $860,000.00 $1,358,000.00 $1,661,000.00 $120,000.00 $120,000.00 $479,000.00 $479,000.00 $210,000.00 $136,000.00 $300,000.00 $375,000.00 $160,000.00 $160,000.00 $200,000.00 ILA with City of Midlothian for Bound Tree Medical to supply emergency medical supplies ---------- $300,000.00 Expenditures for mandated state fees TCEQ (inspections/assessments, permitting fees - W/WW) Oversees all permitting, planning and monitoring of the state's water resources. These are mandated fees and the amounts requested each fiscal year are best estimates. $200,000.00 $200,000.00 BV Groundwater Conservation District - Assessment fees These are mandated fees that are based on the amount of groundwater the City pumps. There is no rate increase, however, more pumping is anticipated due to increased poplulation. $210,000.00 $270,000.00 Page 18 of 525 August 22, 2024 Item No. 6.3. External Auditor Contract Sponsor: Michael DeHaven, Assistant Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a contract for Professional Auditing Services with Weaver and Tidwell, LLP. for an amount not to exceed $135,960. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff respectfully recommends approving the annual contract with Weaver and Tidwell, LLP. for Professional Auditing Services. Summary: March 2024, staff solicited proposals for professional auditing services for the fiscal year ending September 30, 2024 with the option of renewing the contract annually for up to four (4) additional years. Upon completion of the evaluation, interview and scoring processes, staff recommended Weaver and Tidwell, LLP. for award of the contract. Audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards and the Uniform Guidance. Interim fieldwork is scheduled to begin in September of 2024 for the current year's audit. Budget & Financial Summary: Funds are available and budgeted in the General Fund and in the Community Development budget. Attachments: 1. 24300638--Weaver and Tidwell LLP. Page 19 of 525 w/o'_ CONTRACT & AGREEMENT ROUTING FORM Crrr oli Col jecfs smi 10-N CONTRACT#: 24300638 PROJECT #: BID/RFP/RFQ#: 24-036 Project Name / Contract Description: Professional Auditing Services Name of Contractor: Weaver and Tidwell, L. L. P. CONTRACT TOTAL VALUE: $ 135,960 Debarment Check ❑ Yes ❑ No 0 N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # Grant Funded Yes ❑ No �■ If yes, what is the grant number:) Davis Bacon Wages Used ❑ Yes ❑ NoN N/A Buy America Required ❑ Yes ❑ No* N/A Transparency Report ❑ Yes ❑ No ❑E N/A CHANGE ORDER # ❑ OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) May 2024, staff solicited proposals for professional auditing services for FY ending September 30, 2024 with the option of renewing the contract annually for up to four additional years. Five responses were received and upon completion of the evaluation and interview process, Weaver and Tidwell, LLP was selected for award of contract. 10010200-5301 $126,335 and 31220630-5301 $9,625 Project CD2301 -CDBG (If required) * CRC Approval Date*: N/A Council Approval Date*: 08/22/24 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: Vou Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL H" EM4, ttar�zQ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER MAYOR (if applicable) CITY SECRETARY (if applicable) 8/8/2024 DATE 8/9/2024 DATE 8/12/2024 DATE DATE DATE DATE 9.12.23 UPDATED Page 20 of 525 CONSULTANT CONTRACT This Contract is by and between the City of College Station, a Texas Municipal Home - Rule Corporation (the "City") and Weaver and Tidwell L.L.P. , a Texas Corporation (the "Consultant"), whereby Consultant agrees to perform and the City agrees to pay for the work described herein. ARTICLE I SCOPE OF SERVICES 1.01 This Contract is for Professional Auditing Services (the "Project"). The scope and details of the work to be provided to the City by Consultant are set forth in Exhibit "A" to this Contract and are incorporated as though fully set forth herein by reference. Consultant agrees to perform or cause the performance of all the work described in Exhibit "A." 1.02 Consultant agrees to perform the work described in Exhibit "A" hereto and the City agrees to pay Consultant a fee based on the rates set forth in Exhibit "B" to this Contract for the services performed by Consultant. The invoices shall be submitted to the City following the 15th day and the last day of each month. The payment terms are net payable within thirty (30) calendar days of the City's receipt of the invoice. Upon termination of this Contract, payments under this paragraph shall cease, provided, however, that Consultant shall be entitled to payments for work performed in accordance with this Contract before the date of termination and for which Consultant has not yet been paid. ARTICLE II PAYMENT 2.01 The total amount of payment, including reimbursements, by the City to Consultant for all services to be performed under this Contract may not, under any circumstances, exceed One Hundred Thirty -Five Thousand Nine Hundred Sixty AND No / 100 DOLLARS ($ 135,960.00 ), ARTICLE III CHANGE ORDERS 3.01 The City may from time to time request changes in the scope and focus of the activities, investigations, and studies conducted or to be conducted by Consultant pursuant to this Contract, provided, however, that any such change that in the opinion of Consultant, the City Manager, or the City's Project Manager varies significantly from the scope of the work set out herein and would entail an increase in cost or expense to the City shall be mutually agreed upon in advance in writing by Consultant and the City's Project Manager. (a) When the original Contract amount plus all change orders is $100,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council of the City must approve such change order prior to commencement of the services or work; and Contract No. 24300638 Professional Services -Consultant Form 4-20-23 Page I 1 Page 21 of 525 (b) When the original contract amount plus all change orders is equal to or 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, and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract amount, the City Council of the City must approve such change order prior to commencement of the services or work. Thereafter, any additional change orders exceeding $50,000 or any additional change orders totaling 25 percent following such council approval, must be approved by City Council; and (c) Any request by the Consultant for an increase in the Scope of Services and an increase in the amount listed in paragraph two of this Contract shall be made and approved by the City prior to the Consultant providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Consultant agrees to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute. ARTICLE IV TIME OF PERFORMANCE ❑ 4.01 Except as provided in Article X herein below, the Consultant shall complete all of the work described in Exhibit "A" by the dates set forth below. ❑✓ 4.01 Except as provided in Article X herein below, the term of this Contract shall be for one (1) year from the effective date of this Contract. Thereafter, upon the mutual consent of both parties, including budget approval by the City, this Contract may be renewed on an annual basis, under the same terms and conditions, for up to four (4) additional years (five (5) years total). If, for any reason, funds are not appropriated to continue the contract, the contract shall become null and void and shall terminate. 4.02 Time is of the essence of this Contract. The Consultant shall be prepared to provide the professional services in the most expedient and efficient manner possible in order to complete the work by the times specified. 4.03 Consultant promises to work closely with the City Manager or his designee (the "Project Manager") or other appropriate City officials. Consultant agrees to perform any and all Project - related tasks reasonably required of it by the City in order to fulfill the purposes of the work to be performed. The work of Consultant under this Contract may be authorized by the Project Manager in various phases as set forth in Exhibit "A." Contract No. 24300638 Professional Services -Consultant Form 4-20-23 Page 12 Page 22 of 525 ARTICLE V INDEPENDENT CONSULTANT 5.01 In all activities or services performed hereunder, the Consultant is an independent Consultant and not an agent or employee of the City. The Consultant, as an independent Consultant, shall be responsible for the final product contemplated under this Contract. Except for materials furnished by the City, the Consultant shall supply all materials, equipment and labor required for the execution of the work on the Project. The Consultant shall have ultimate control over the execution of the work under this Contract. The Consultant shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subconsultants, and the City shall have no control of or supervision over the employees of the Consultant or any of the Consultant's subconsultants except to the limited extent provided for in this Contract. Consultant shall be liable for any misrepresentations. Any negotiations by the Consultant on the City's behalf are binding on the City only when within the scope of work contained herein and approved by the City. ARTICLE VI AUTHORIZATION 6.01 The City shall direct Consultant to commence work on the Project by sending Consultant a "letter of authorization" to begin work on the Project. 6.02 Upon receipt of the letter of authorization to begin work on the implementation of the Project, Consultant shall meet with the City for the purpose of determining the nature of the Project, including but not limited to the following: meeting with the City's staff to coordinate Project goals, schedules, and deadlines; coordinating data collection; briefing the City's management staff; documenting study assumptions and methodologies; devising the format for any interim reports and the final report to the City. 6.03 Consultant shall consult with the City and may in some limited circumstances, act as the City's representative, but it is understood and agreed by the parties that for all purposes related to this Contract, Consultant shall be an independent Consultant at all times and is not to be considered either an agent or an employee of the City. ARTICLE VII WARRANTY 7.01 As an experienced and qualified professional, Consultant warrants that the information provided by Consultant reflects high professional and industry standards, procedures, and performances. Approval or acceptance by the City of any of Consultant's work product under this Contract shall not constitute, or be deemed, a release of the responsibility and liability of Consultant, its employees, agents, or associates for the exercise of skill and diligence necessary to fulfill Consultant's responsibilities under this Contract. Nor shall the City's approval or acceptance be deemed to be the assumption of responsibility by the City for any defect or error in the work products prepared by Consultant, its employees, associates, agents, or subconsultants. 7.02 Consultant shall keep the City informed of the progress of the work and shall guard against any defects or deficiencies in its work. Contract No. 24300638 Professional Services -Consultant Form 4-20-23 Page 13 Page 23 of 525 7.03 Consultant shall be responsible for using due diligence to correct errors, deficiencies or unacceptable work product. Consultant shall, at no cost to the City, remedy any errors, deficiencies or any work product found unacceptable, in the City's sole discretion, as soon as possible, but no later than fifteen (15) calendar days after receiving notice of said errors, deficiencies, or unacceptable work product. 7.04 Any and all of Consultant's work product ("Work Product") hereunder shall be the exclusive property of the City. Upon completion or termination of this Contract, Consultant shall promptly deliver to the City all records, notes, data, memorandum, models, and equipment of any nature that are within Consultant's possession or control and that are the City's property or relate to the City or its business. 7.05 Consultant warrants to City that (i) Consultant has the full power and authority to enter into this Contract, (ii) Consultant has not previously assigned, transferred or otherwise encumbered the rights conveyed herein, (iii) Work Product is an original work of authorship created by Consultant's employees during the course of their employment by Consultant, and does not infringe on any copyright, patent, trademark, trade secret, contractual right, or any other proprietary right of any person or entity, (iv) Consultant has not published the Work Product (including any derivative works) or any portion thereof outside of the United States, and (v) to the best of the Consultant's knowledge, no other person or entity, except City, has any claim of any right, title, or interest in or to the Work Product. 7.06 Consultant shall not seek to invalidate, attack, or otherwise do anything either by act of omission or commission which might impair, violate, or infringe the title and rights assigned to City by Consultant in this Article VII of the Contract. ARTICLE VIII INDEMNIFICATION & RELEASE 8.01 INDEMNITY (a) To the fullest extent permitted by law, Consultant agrees to indemnify and hold harmless the City, its Council members, officials, officers, agents, employees, and volunteers (separately and collectively referred to in this paragraph as "Indemnitee") from and against all claims, damages, losses and expenses (including but not limited to attorney's fees) arising out of or resulting from any negligent act, error or omission, intentional tort or willful misconduct, intellectual property infringement or breach of contract including failure to pay a subconsultant, subconsultant, or supplier occurring in the course of performance of professional services pursuant to this Contract by Consultant, its employees, subconsultants, subconsultants, or others for whom Consultant may be legally liable ("Consultant Parties"), but only to the extent caused in whole or in part by the Consultant Parties. IF THE CLAIMS, ETC. ARE CAUSED IN PART BY CONSULTANT PARTIES, AND ALSO IN PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OR ALL OF THE INDEMNITEES OR ANY OTHER THIRD PARTY, THEN CONSULTANT SHALL ONLY INDEMNIFY ON A COMPARATIVE BASIS, AND ONLY FOR THE Contract No. 24300638 Professional Services -Consultant Form 4-20-23 Page 14 Page 24 of 525 AMOUNT FOR WHICH CONSULTANT PARTIES ARE FOUND LIABLE AND NOT FOR ANY AMOUNT FOR WHICH ANY OR ALL INDEMNITEES OR OTHER THIRD PARTIES ARE LIABLE. (b) To the fullest extent permitted by law, Consultant agrees to defend the Indemnitees where the indemnifiable acts named in section 8.01 above occur outside the course of performance of professional services (i.e. non- professional services) and the claim is not based wholly or partly on the negligence of, fault of, or breach of contract by the governmental agency, the agency's agent, employee, or other entity over which the governmental agency exercises control, other than the Consultant or Consultant Parties. (c) It is mutually understood and agreed that the indemnification provided for in this section shall indefinitely survive any expiration, completion or termination of this Contract. (d) 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 this section, 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. 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. 8.02 Release. The Consultant releases, relinquishes, and discharges the City, its council members, officials, 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, sickness or death of the Consultant or its employees and any loss of or damage to any property of the Consultant or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Consultant's work to be performed hereunder. Both the City and the Consultant expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Consultant or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Consultant, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE IX INSURANCE 9.01 General. The Consultant shall procure and maintain at its sole cost and expense for the duration of this Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contract No. 24300638 Professional Services -Consultant Form 4-20-23 Page 15 Page 25 of 525 Consultant, its agents, representatives, volunteers, employees or subconsultants. The policies, limits and endorsements required are as set forth below: During the term of this Contract all Consultant's insurance policies shall meet the minimum requirements of this section: 9.02 Types. Consultant shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Workers' Compensation/Employer's Liability. (d) Professional Liability. 9.03 Certificates of Insurance. For each of these policies, the Consultant's insurance coverage shall be primary insurance with respect to the City, its officials, agents, employees and volunteers. Any self-insurance or insurance policies maintained by the City, its officials, agents, employees or volunteers, shall be considered in excess of the Consultant's insurance and shall not contribute to it. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Contract, attached hereto as Exhibit C, and approved by the City before any letter of authorization to commence project will issue or any work on the Project commences. 9.04 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 named on the Certificate of Insurance. (c) "Claims made" policies will not be accepted, except for Professional Liability insurance. (d) Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice has been given to the City of College Station. (e) The Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance -approved forms. 9.05 Commercial General Liability requirements. The following Commercial General Liability requirements shall apply: (a) Coverage shall be written by a carrier rated "A:VIII" or better in accordance with the current A. M. Best Key Rating Guide. (b) Minimum Limit of $1,000,000 per occurrence for bodily injury and property damage with a $2,000,000 annual aggregate. (c) No coverage shall be excluded from the standard policy without notification of Contract No. 24300638 Professional Services -Consultant Form 4-20-23 Page 16 Page 26 of 525 individual exclusions being attached for review and acceptance. (d) The coverage shall not exclude premises/operations; independent contracts, products/completed operations, contractual liability (insuring the indemnity provided herein), and where exposures exist, Explosion Collapse and Underground coverage. (e) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 9.06 Business Automobile Liability requirements. The following Business Automobile Liability requirements shall apply: (a) Coverage shall be written by a carrier rated "ANIII" or better in accordance with the current. A. M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned autos, leased or rented autos, non -owned autos, any autos and hired autos. (e) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 9.07 Workers' Compensation/Employer's Liability Insurance requirements. The Workers' Compensation/Employer's Liability Insurance shall include the following terms: (a) Employer's Liability limits of $1,000,000 for each accident is required. (b) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. (c) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: All States except those namedin Item 3A and the States of NV, ND, OH, WA, WV, and WY. 9.08 Professional Liability requirements. The following Professional Liability requirements shall apply: (a) Coverage shall be written by a carrier rated "ANIII" or better in accordance with the current A.M. Best Key Rating Guide. (b) Minimum of $1,000,000 per claim and $2,000,000 aggregate, with a maximum deductible of $100,000.00. Financial statements shall be furnished to the City of College Station when requested. (c) Consultant must continuously maintain professional liability insurance with prior acts coverage for a minimum of two years after completion of the Project or termination of this Contract, as may be amended, whichever occurs later. Coverage under any renewal policy form shall include a retroactive date that precedes the earlier of the effective date of this Contract or the first performance of services for the Project. The purchase of an extended discovery period or an extended reporting Contract No. 24300638 Professional Services -Consultant Form 4-20-23 Page 17 Page 27 of 525 period on this policy will not be sufficient to comply with the obligations hereunder. (d) Retroactive date must be shown on certificate. ARTICLE X TERMINATION 10.01 At any time, the City may terminate the Project for convenience, in writing. At such time, the City shall notify Consultant, in writing, who shall cease work immediately. Consultant shall be compensated for the services performed. In the event that the City terminates this Contract for convenience, the City shall pay Consultant for the services properly performed and expenses incurred prior to the date of termination. 10.02 No term or provision of this Contract shall be construed to relieve the Consultant of liability to the City for damages sustained by the City or because of any breach of contract by the Consultant. The City may withhold payments to the Consultant for the purpose of setoff until the exact amount of damages due the City from the Consultant is determined and paid. ARTICLE XI MISCELLANEOUS TERMS 11.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 11.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: CITY: City of College Station Attn: Anita Dorsey College Station, Texas 77842 CONSULTANT: Weaver and Tidwell, L.L.P Attn: John Deburro 400 Post Oak Pkwy, Ste 1100 Houston, TX 77027 11.03 Consultant, its employees, associates or subconsultants shall perform all the work hereunder. Consultant agrees that all of its associates, employees, or subconsultants who work on this Project shall be fully qualified and competent to do the work described hereunder. Consultant shall undertake the work and complete it in a timely manner. 11.04 The Consultant shall comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Consultant may not knowingly obtain the labor or services of an undocumented worker. The Consultant, not the City, must verify eligibility for employment as required by IRCA. Contract No. 24300638 Professional Services -Consultant Form 4-20-23 Page 18 Page 28 of 525 11.05 No action or failure to act by the City shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. No waiver of any provision of the Contract shall be of any force or effect, unless such waiver is in writing, expressly stating to be a waiver of a specified provision of the Contract and is signed by the party to be bound thereby. In addition, no waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition and shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with the Contract or any portion or provision or right under the Contract. 11.06 This Contract and all rights and obligations contained herein may not be assigned by Consultant without the prior written approval of the City. 11.07 Invalidity. If any provision of this Contract shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Contract with legal terms and conditions approximating the original intent of the parties. 11.08 Prioritization. Contractor and City agree that City is apolitical subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Contract as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Contract excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Contract without necessity of additional consideration. 11.09 This Contract represents the entire and integrated Contract between the City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 11.10 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. 11.11 This Contract goes into effect when duly approved by all parties hereto.. 11.12 Notice of Indemnification. City and Consultant hereby acknowledge and agree this Contract contains certain indemnification obligations and covenants. 11.13 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) Bovcott Israel. If this Contract is for goods and services subject to § 2270.002 Texas Government Code, Consultant verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract; Contract No. 24300638 Professional Services -Consultant Form 4-20-23 Page 19 Page 29 of 525 (b) Bovcott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Consultant verifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c) Bovcott Ener2v Companies. Subject to § 2274.002 Texas Government Code Consultant herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Contract. 11.14 Fraud Reporting. To reduce the risk of fraud and to protect the Contractor's financial information from fraud, the Contractor must report to the City in writing at VendorInvoiceEntrvncstx.aov 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. 24300638 Professional Services -Consultant Form 4-20-23 Page I10 Page 30 of 525 List of Exhibits A. Scope of Services B. Payment Schedule C. Certificates of Insurance WEAVER AND TIDWELL L. L. P. By: 16Lt V t,bW6 Printed Name:3ohn Deburro Title: Partner Date: 8/7/2024 Contract No. 24300638 Professional Services -Consultant Form 4-20-23 CITY OF COLLEGE STATION By: City Manager Date: APPROVED: City Attorney Date: 8/12/2024 Assistant City Manager/CFO Date: 8/9/2024 Page lll Page 31 of 525 Exhibit A Scope of Services The Consultant agrees to perform the work outlined in accordance with RFP 24-036 to which Consultant was a respondent and in accordance withe the Consultant Engagement Letter, which is fully incorporated as part of Exhibit A. Contract No. 24300638 Professional Services -Consultant Form 04-20-2023 Page 32 of 525 weaver August 22, 2024 To the Honorable Mayor, City Council, and City Manager City of College Station P.O. Box 9960 College Station, TX 77842 Dear Honorable Mayor, City Council, and City Manager: You have requested that Weaver and Tidwell, L.L.P ("Weaver", "our", "us", and "we") audit the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of City of College Station (the "City"), as of September 30, 2024, and for the year then ended and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. In addition, we will audit the City's compliance over major federal award programs for the period ended September 30, 2024. Accounting principles generally accepted in the United States of America ("U.S. GAAP"), as promulgated by the Governmental Accounting Standards Board ("GASB") require that management's discussion and analysis and budgetary comparison information, among other items, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by GASB, which considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information ("RSI") in accordance with auditing standards generally accepted in the United States of America ("U.S. GAAS"). These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation, and comparing the information for consistency with management's responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by U.S. GAAP. This RSI will be subjected to certain limited procedures but will not be audited: 1. Schedule of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual -General Fund 2. Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual - Major Special Revenue Funds (as Needed) 3. Management's Discussion and Analysis 4. Schedule of Changes in Net Pension Liability and Related Ratios -Texas Municipal Retirement System 5. Schedule of Contributions — Texas Municipal Retirement System 6. Schedule of Changes in Net Other Post -Employment Benefits Liability and Related Ratios — Employees Other Post - Employment Benefits Plan 7. Schedule of Contributions — Employees Other Post -Employment Benefits Plan 8. Schedule of Investment Returns - Employees Other Post -Employment Benefits Plan Supplementary information other than RSI will accompany the City's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and perform certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and additional procedures in accordance with U.S. GAAS. We intend to provide an opinion on the following supplementary information in relation to the financial statements as a whole: 1. Schedule of Expenditures of Federal Awards 2. Combining and Individual Fund Financial Statements and Schedules Also, the document we submit to you will include the following other additional information that will not be subjected to the auditing procedures applied in our audit of the basic financial statements: 1. Introductory Section Weaver and Tidwell, L.L.P. CPAs AND ADVISORS I WEAVER.COM Page 33 of 525 August 22, 2024 2. Statistical Section We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material aspects, in conformity with U.S. GAAP and to report on the fairness of the supplementary information referred to above when considered in relation to the basic financial statements as a whole. The objective also includes reporting on internal control related to the basic financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the basic financial statements in accordance with Government Auditing Standards issued by the Comptroller General of the United States of America ("GAGAS"); and internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal and state awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Auditor Responsibilities We will conduct our audit in accordance with U.S. GAAS, the standards applicable to financial audits contained in GAGAS, and the provisions of the Uniform Guidance. Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the basic financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the basic financial statements, whether due to error, fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. If appropriate, our procedures will therefore include tests of documentary evidence that support the transactions recorded in the accounts, tests of the physical existence of assets, and direct confirmation of cash, investments, and certain other assets and liabilities by correspondence with creditors and financial institutions. As part of our audit process, we may request written representations from your attorneys, and they may bill you for responding. At the conclusion of our audit, we will also request certain written representations from you about the basic financial statements and related matters. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance (whether caused by errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations) may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and GAGAS. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the basic financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. In making our risk assessments, we consider internal control relevant to the City's preparation and fair presentation of the basic financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the basic financial statements that we have identified during the audit. John DeBurro is the engagement partner or equivalent for the audit services specified in this letter, and is responsible for supervising our services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report. Weaver and Tidwell, L.L.P. I Page 2 of 8 Page 34 of 525 August 22, 2024 We expect to begin our audit procedures in August 2024 and issue our report no later than in March 2025. We will issue a written report upon completion of our audit of the City's basic financial statements. Our report will be addressed to the Honorable Mayor, City Council, and City Manager of the City. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis -of -matter or other -matter paragraph(s), or withdraw from the engagement. If our opinions on the financial statements or compliance are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or withdraw from this engagement. As part of obtaining reasonable assurance about whether the basic financial statements are free of material misstatement, we will perform tests of the City's compliance with certain provisions of laws, regulations, contracts, and grants that could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with the provisions is not an objective of our audit, and accordingly, we will not express such an opinion. Our audit of the City's major federal award program(s) compliance will be conducted in accordance with the requirements of the Single Audit Act, as amended; and the provisions of the Uniform Guidance; and will include tests of accounting records, a determination of major programs in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to express such an opinion on major federal award program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement. The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the City has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major federal award programs. Our procedures will consist of determining major federal programs and performing the applicable procedures described in the U.S. Office of Management and Budget OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of those procedures will be to express an opinion on the City's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. Also, as required by the Uniform Guidance, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each of the City's major federal award programs. However, our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report. In accordance with the requirements of GAGAS, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective of the audit and, therefore, no such opinion will be expressed. We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the City's major federal award programs, and a report on internal controls over compliance that will report any significant deficiencies and material weaknesses identified; however, such report will not express an opinion on internal control. Non -Attest Services These nonaudit/nonattest services do not constitute an audit under GAGAS and such services will not be conducted in accordance with GAGAS. 1. Preparation of the Schedule of Expenditures of Federal Awards 2. Preparation of the Data Collection Form Management Responsibilities Our audit will be conducted on the basis that management and, when appropriate, those charged with governance, acknowledge and understand that they have responsibility: a. for the preparation and fair presentation of the basic financial statements in accordance with the framework described in Audit Objectives above; Weaver and Tidwell, L.L.P. I Page 3 of 8 Page 35 of 525 August 22, 2024 b. for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of basic financial statements that are free from material misstatement, whether due to error, for fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements; c. to provide us with: i. access to all information of which management is aware that is relevant to the preparation and fair presentation of the basic financial statements, and relevant to federal and state award programs, such as records, documentation, and other matters; ii. additional information that we may request from management for the purpose of the audit; and iii. unrestricted access to persons within the City from whom we determine it necessary to obtain audit evidence. d. for including the auditor's report, and our report on any supplementary information if described above, in any document containing the basic financial statements that indicates that such basic financial statements have been audited by the City's auditor; e. for identifying and ensuring that the City complies with the laws and regulations applicable to its activities; f. for adjusting the basic financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year under audit are immaterial, both individually and in the aggregate, to the basic financial statements as a whole; g. for maintaining adequate records, selecting and applying accounting principles, and safeguarding assets; h. for identifying all federal and state awards expended during the period including federal and state awards and funding increments received prior to December 26, 2014, and those received in accordance with the Uniform Guidance generally received after December 26, 2014; i. for preparing the schedule of expenditures of federal awards (including notes and noncash assistance received) in accordance with the Uniform Guidance; j. for the design, implementation, and maintenance of internal control over compliance; k. For identifying and ensuring that the City complies with laws, regulations, grants, and contracts applicable to its activities and its federal award programs; I. For following up and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings; m. For following up and taking corrective action on current year audit findings and preparing a corrective action plan for such findings; n. For submitting the reporting package and data collection form to the appropriate parties; o. For making the auditor aware of any significant vendor relationships where the vendor is responsible for program compliance; p. with regard to the supplementary information referred to above: (a) for the preparation of the supplementary information in accordance with the applicable criteria; (b) to provide us with the appropriate written representations regarding supplementary information; (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information; and (d) to present the supplementary information with the audited basic financial statements, or if the supplementary information will not be presented with the audited basic financial statements, to make the audited basic financial statements readily available to the intended users of the supplementary information no later than the date of issuance by you of the supplementary information and our report thereon; q. informing us of facts that may affect the basic financial statements of which you may become aware during the period from the date of the auditor's report to the date the basic financial statements are issued, - Weaver and Tidwell, L.L.P. I Page 4 of 8 Page 36 of 525 August 22, 2024 r. for confirming your understanding of your responsibilities in this letter to us in your management representation letter. We understand that your employees will prepare all confirmations we request and will locate any documents or support for any other transactions we select for testing. If we agree herein or otherwise to perform any non -attest services (such as tax services or any other non -attest services), you agree to assume all management responsibilities for those services; oversee the services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. The entity has designated Mary Ellen Leonard, Director of Fiscal Services, to oversee these services. Such services include: i. Preparation of the Schedule of Expenditures of Federal Awards ii. Preparation of the Data Collection Form GAGAS require that we document an assessment of the skills, knowledge, and experience of management, should we participate in any form of preparation of the basic financial statements and related schedules or disclosures as these actions are deemed a nonaudit/nonattest service. During the course of our engagement, we will request information and explanations from management regarding the City's operations, internal controls, future plans, specific transactions and accounting systems and procedures. At the conclusion of our engagement, we will require, as a precondition to the issuance of our report, that management provide certain representations in a written representation letter. The City agrees that as a condition of our engagement to perform an audit that management will, to the best of its knowledge and belief, be truthful, accurate and complete in all representations made to us during the course of the audit and in the written representation letter. The procedures we perform in our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the written and oral representations that we receive from management. False or misleading representations could cause us to expend unnecessary efforts in the audit; or, worse, could cause a material error or a fraud to go undetected by our procedures. Fees and Invoicing We estimate the overall fee for this engagement will be $123,600 ($114,850 for the annual financial audit and $8,750 for the federal single audit). The total fee for our services will be determined by the complexity of the work performed and the tasks required. Individual hourly rates vary according to the degree of responsibility involved and the skills required. It is understood that neither our fees nor the payment thereof will be contingent upon the results of this engagement. Our fee estimate is based on anticipated cooperation from all involved and the assumption that unexpected circumstances will not be encountered during the engagement. Our engagement fees do not include consulting on the adoption of new accounting standards and any future increased duties because of any regulatory body, auditing standard or an unknown or unplanned significant transaction. If significant additional time is necessary, we will discuss the reasons with you and arrive at a new fee estimate before we incur the additional costs. In addition to the fee for our services, reasonable and necessary out-of-pocket expenses we incur (such as parking, reproduction and printing, postage and delivery, and out -of -market travel, meals, and accommodations) will be invoiced at cost. At this time, we do not anticipate incurring any additional expenses. We will also invoice for reasonable and necessary time and out-of-pocket expenses we incur to respond to any request (such as a subpoena, summons, court order, or administrative investigative demand) pertaining to this engagement in a legal matter to which we are not a party. Our time to facilitate the response will be billed at our then -current standard hourly rates, and our expenses (including attorney's fees) will be billed at cost. If we agree to perform additional substantive services related to or arising out of the request, such matters may be the subject of a new engagement letter. Our invoices are payable in accordance with Texas Government Code § 2251.021. Ethical Conflict Resolution In the unlikely event that circumstances occur which we in our sole discretion believe could create a conflict with either the ethical standards of our firm or the ethical standards of our profession in continuing our engagement, we may suspend our services until a satisfactory resolution can be achieved or we may resign from the engagement. We will notify you of such Weaver and Tidwell, L.L.P. I Page 5 of 8 Page 37 of 525 August 22, 2024 conflict as soon as practicable, and will discuss with you any possible means of resolving them prior to suspending our services. The hiring of or potential employment discussions with any of our personnel could impair our independence. Accordingly, you agree to inform the engagement partner or equivalent prior to any such potential employment discussions taking place. Audit Documentation and Confidentiality The audit documentation we prepare pertaining to and in support of this engagement is our property and constitutes confidential information. If we are requested to make the audit documentation available to outside parties, except in the case of requests during our peer review (discussed below) or when prohibited by law or direction of law enforcement, any such requests will be discussed with you before we make the documentation available to the requesting parties. Depending on the requirements of this engagement, we may use the services of our affiliate, Weaver and Tidwell India LLP, a limited liability partnership incorporated in India, or one or more other third -party service providers to assist us. Before sharing confidential information with those service providers, we will (i) secure agreements to maintain the confidentiality of confidential information and ensure the confidential information is only used for the purpose of assisting us with the performance of this engagement and (ii) take commercially reasonable precautions to determine the service providers have appropriate procedures in place to prevent the unauthorized disclosure of confidential information. If we use such service providers, we will remain responsible for all work performed and any breach of our confidentiality arrangements by those service providers. We may be requested to make certain audit documentation (working papers) available to regulators and other government agencies, pursuant to authority given by law or regulation. You should understand that responding to many such requests is mandatory. In those cases, access to such working papers will be provided under our supervision and we may, upon their request, provide the regulator or agency with copies of all or selected working papers. The requesting party may intend or decide to distribute the copies or information contained therein to others, including other regulators or agencies. You will be billed for additional fees as a result of the aforementioned work. Our firm, as well as other accounting firms, participates in a peer review program covering our audit and accounting practices. This program requires that once every three years, we subject our system of quality control to an examination by another accounting firm. As part of this process, the firm conducting our peer review will review a sample of our work. It is possible that the work we perform for you may be selected for such a review. If it is, our peer review firm is bound by professional standards to keep all information confidential and we are required to provide the required information. It is expected that prior to the conclusion of the engagement, sections of the Data Collection Form will be completed by our firm. The sections that we will complete summarize our audit findings by federal grant or contract. Management is responsible to submit the reporting package (defined as including basic financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor's reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. The instructions to the Data Collection Form require that the reporting package be an unlocked, unencrypted, text searchable portable document file (PDF) or else it will be rejected by the Federal Audit Clearinghouse. We will be available to assist management in creating the PDF if needed. We will coordinate with you the electronic submission and certification upon the reporting package completion. If applicable, we will provide copies of our report for you to include with the reporting package if there is a need to submit the package to pass -through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of our reports or nine months after the end of the audit period. We will retain our audit documentation for a period of at least seven years from the date of our report. You agree that following such period, we may destroy the audit documentation without notice to you. To maintain independence, we will not act as the host of your financial or non -financial information or as your information back-up service provider. Instead, it is your responsibility to maintain a complete set of your financial and non -financial data and records. If some portion of your data and records is contained only within our files, you agree to inform us before the issuance of our report and we will provide that to you. Weaver and Tidwell, L.L.P. I Page 6 of 8 Page 38 of 525 August 22, 2024 Except as may be noted herein, the parties do not intend this engagement letter to be for the benefit of any third -party. You may inform us of third -parties who will receive a copy of our report. Unless you inform us of such third -parties in writing, we are not aware of who you intend to supply our report to and we do not anticipate any such third -parties' reliance upon our professional services unless expressly stated herein. In order to facilitate this engagement, we may transmit and store data via email, the cloud, or other electronic and Internet - based mechanisms. Please be aware that those mediums inherently pose a risk of misdirection or interception of confidential information. Any request you have to limit such transmissions or use a different means of transmission or storage must be made in writing and you will be responsible for any resulting compromise in data security. Dispute Resolution Procedure including Jury Waiver If a dispute arises out of or relates to this engagement or engagement letter, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to litigation. In such event, the parties will attempt to agree upon a location, mediator, and mediation procedures, but absent such agreement any party may require mediation in Houston, Texas, administered by the AAA under its Commercial Mediation Procedures. This engagement letter and all disputes between the parties shall be governed by, resolved, and construed in accordance with the laws of the State of Texas, without regard to conflict -of -law principles. Whenever possible, this engagement letter shall be interpreted in such a manner as to be effective and valid under applicable laws, regulations, or published interpretation, but if any term of this engagement letter is declared illegal, unenforceable, or unconscionable, that term shall be severed or modified and the remaining terms of the engagement letter shall remain in force. The parties agree that the court should modify any term declared to be illegal, unenforceable, or unconscionable in a manner that will retain the intended term as closely as possible. If because of a change in status or due to any other reason, any provision in this engagement letter or any other contract we have with you, or enter into, would be prohibited by, or would impair our independence for this engagement under laws, regulations or published interpretations by governmental bodies, professional organizations or other regulatory agencies, such provision shall, to that extent, be of no further force and effect and the contract shall consist of the remaining portions. Miscellaneous In accordance with the requirements of Government Auditing Standards, we have attached a copy of the latest external peer review report of our firm for your consideration and files. We may at times provide you with documents marked as drafts. You understand that those documents are for your review purposes only. You should not rely upon those documents in any way. Although the engagement partner or equivalent responsible for this engagement is a licensed certified public accountant, we inform you that we have nonlicensees who may provide services pertaining to this engagement. If you intend to make reference to our firm or include our report or any portion of it in a published document or other reproduction, and that document or other reproduction includes a version of our report or the financial statements that is assembled differently than any version we provided you or audited, you agree to provide us with printers' proofs or masters for our review and approval before reproducing. You also agree to provide us with a copy of the final reproduced material for our written approval before it is distributed. If, in our professional judgment, the circumstances require, we may withhold our approval. This requirement does not pertain to distributing our report or the financial statements when you do not modify their assembly or in situations where you disseminate the audited financial statements as a standalone document, such as on your website. This engagement letter may not be amended or modified except by further writing signed by all the parties. Any provisions of this engagement letter which expressly or by implication are intended to survive its termination or expiration will survive and continue to bind the parties. The use of electronic signatures or multiple counterparts to execute this engagement letter shall have the same force and effect as a manually or physically signed original instrument. Weaver and Tidwell, L.L.P. I Page 7 of 8 Page 39 of 525 August 22, 2024 We appreciate the opportunity to assist you and look forward to working with you and your team. Sincerely, WEAVER AND TIDWELL, L.L.P. The Woodlands, Texas Please sign and return a copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our engagement as described herein, including each party's respective responsibilities. By signing below, the signatory also represents that they have been authorized to execute this agreement. City of College Station By: Printed Name: Title: Mayor Date: By: Printed Name: ]eff Kersten Title: Assistant City Manager/CFO Date: 8/9/2024 Weaver and Tidwell, L.L.P. I Page 8 of 8 Page 40 of 525 Exhibit B Payment Terms SELECT ONE: Compensation is based on actual hours of work/time devoted to providing the described professional services. The Consultant will be paid at a rate of $ per hour, or at the rates per service or employee shown below. The City will reimburse the Consultant for actual, non -salary expenses at the rate of percent ( %) above the Consultant's actual costs, or at the rates set forth below. Unless amended by a duly authorized written change order, the total payment for all invoices on this job, including both salary and non - salary expenses, shall not exceed the amount set forth in paragraph 2.01 of this Contract ❑ The Consultant must submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. 0 Payment is a fixed fee in the amount listed in Article II of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The Consultant may submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. Schedule of Payment for each phase: Compensation is based on fees as described in Consultant's Engagement Letter referenced in Exhibit A. The fixed fee amount listed in Article II of the Contract includes a contingency amount of $12,360.00 for additional services that may be requested by the City. Contract No. 24300638 Professional Services -Consultant Form 04-20-2023 Page 41 of 525 Exhibit C Certificates of Insurance Contract No. 24300638 Professional Services -Consultant Form 04-20-2023 Page 42 of 525 A� o CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD/YYYY) 08/06/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT W Aon Risk Services Central, Inc. PHONE FAX (312) 381-1000 i Chicago IL office (A/C. No. Ext): (A/C. No.): (D 200 East Randolph E-MAIL p Chicago IL 60601 USA ADDRESS: _ INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: The Continental Insurance Company 35289 weaver and Tidwell, L.L.P. INSURERB: National Fire Ins. Co. of Hartford 20478 2821 west 7th Street suite 700 INSURER C: Fort worth TX 76107 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570107534691 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. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/yyy�1 1 LIMITS 971 A X COMMERCIAL GENERAL LIABILITY 6081459505 08/15/101i 1Sf CUL4 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑OCCUR Commercial Package - Prop DAMAGE TO RENTED $300,000 PREMISES (Ea occurrence) MED EXP (Any one person) $15 , 000 PERSONAL & ADV INJURY $1,000,000 p� GEN'LAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $2 , 000, 000 M POLICY ❑X PE X❑ LOC PRODUCTS - COMP/OPAGG $2,000,000 0 OTHER or B 6081459486 08/15/2023 08/15/2024 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1, OOO , OOO Auto (Ea accident) ANYAUTO BODILY INJURY ( Per person) o _ OWNED SCHEDULED BODILY INJURY (Per accident) Z 2— AUTOS ONLY X HIREDAUTOS X AUTOS NON -OWNED PROPERTY DAMAGE j6 O — ONLY AUTOS ONLY (Per accident) w (D '4 X UMBRELLA LIAB OCCUR 6081459536 08/15/2023 08/15/2024 EACH OCCURRENCE $1,000,000 L) Umbrella Liability IAGGREGATE $1,000,000 CLAIMS EXCESS LIAB I -MADE SIR applies per policy terms & conditions I DED I X RETENTION ORKERS A WC MPENSATION AND wc681459522 08/15/202 3 08/15/2024 X I PER STATUTE I IOTH- EMPLOYERS' LIABILITY ER Y/N workers Comp - AOS ANY PROPRIETOR /PARTNER /EXECUTIVE E L EACH ACCIDENT $ SOO , OOO OFFICER/MEMBER EXCLUDED, / A ❑ (Mandatory in NH) E L DISEASE -EA EMPLOYEE $ 500 , 000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT $ 500 , 000 — 2 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) M The City of College Station, its officers, agents and employees is added as Additional Insured as respects the General Liability and Automobile Liability as required by written contract. Waiver of subrogation is applicable where required by written contract. CERTIFICATE HOLDER CANCELLATION .+l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE - EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE �- POLICY PROVISIONS. M Risk Management AUTHORIZED REPRESENTATIVE City of College Station PO BOX 9960 College Station TX 77842 USA �II' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 43 of 525 August 22, 2024 Item No. 6.4. Cathedral Pines Drive One -Way Sponsor: Jason Schubert Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an ordinance amending Chapter 38 "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1007 "Traffic Schedule VII, one-way streets and alleyways," of the Code of Ordinances of the City of College Station, Texas, to designate Cathedral Pines Drive as a one-way street. Relationship to Strategic Goals: • Core Services and Infrastructure • Improving Mobility Recommendation(s): Staff recommends approval of the ordinance. Summary: As part of the development review of a proposed multi -family project located on Double Mountain Road, Cathedral Pines Road is proposed to be a one-way exit from the development. Two- way driveway access will be provided from Double Mountain Road. Cathedral Pines Road was constructed as a street stub to an adjacent tract in 2011 and is currently approximately 100 feet long that serves three properties, two Baylor Scott & White lots that have frontage to Medical Avenue and the planned multifamily development. Cathedral Pines Drive was anticipated to be continued through to the adjacent Midtown development; however, the applicant sought a waiver during the platting process, which was approved by the Planning & Zoning Commission in August 2023 to not require the street to be extended with the condition that a shared -use path be provided through the development. Cathedral Pines Drive will have a shared use path on one side that continues through the proposed multi -family development and will be continued by the adjacent Midtown development. Baylor Scott & White has provided a letter of support for the request. Budget & Financial Summary: The installation of the signs is being reviewed as part of the project and regulatory signs will be installed by the City and funds are accounted for in the Public Works Traffic Signs and Markings operations budget. Attachments: 1. Ordinance 2. Vicinity Map 3. Letter of Support - Baylor Scott & White Page 44 of 525 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38, "TRAFFIC AND VEHICLES," ARTICLE VI "TRAFFIC SCHEDULES," SECTION 38-1007 "TRAFFIC SCHEDULE VII, ONE- WAY STREETS AND ALLEYWAYS," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1007 "Traffic Schedule VII, One -Way Streets and Alleyways," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 8-14-17 Page 45 of 525 Ordinance No. Page 2 of 3 PASSED, ADOPTED and APPROVED this 22°d day of August, 2024. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Ordinance Form 8-14-17 Page 46 of 525 Ordinance No. Page 3 of 3 EXHIBIT A That Chapter 38, "Traffic and Vehicles," Article VI. "Traffic Schedules," Sec. 38-1007 "Traffic Schedule VII, One -Way Streets and Alleyways" is hereby amended to include the following entry: Cathedral Pines Drive one-way street traveling from its terminus to Medical Avenue. Ordinance Form 8-14-17 Page 47 of 525 Cathedral Pines Drive One -Way Rock Prairie Road 7+1 uble Mountain Road Do MA W.4 t OP!7 I\A 1\0 kk PIP IWO* 77 Z, %, No 0 low _L BaylorScott&Nnite 7. HEALTH June 13, 2024 City of College Station Traffic Division 1101 Texas Avenue College Station, TX 77840 Re: Conversion of Cathedral Pines Drive into a one-way traffic To Whom It May Concern, Charles Shelburne Vice President, Campus Planning 301 N. Washington Dallas, Texas 75246 (214)820-8674 On behalf of Baylor Scott White Medical Center — College Station, I would like to provide our position regarding the proposed conversion of Cathedral Pines Drive to a one-way traffic flow supporting the multi -family housing project located at Double Mountain Rd. and Medical Avenue. We have met with the proposed developers, are pleased with the progress of the project and understand the proposed multi -family development has been designed to use Cathedral Pines Drive as an egress -only driveway out of their development. Please allow this letter to serve as our support of the Ordinance Amendment to the Traffic Schedule that will convert Cathedral Pines Drive off Medical Avenue into a one-way street. With the recent rezoning, Cathedral Pines Drive is no longer projected through the subject property, and we give our support for the traffic schedule to be amended. Sincerely, &4� - Charles Shelburne Vice President Campus Planning Page 49 of 525 August 22, 2024 Item No. 6.5. First Reading of Franchise Agreement Ordinance for 2906 Holdings, LLC (dba Waste Falcon) Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with 2906 Holdings, LLC (dba Waste Falcon) for the collection of recyclables from commercial businesses and multi -family locations. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of this franchise agreement ordinance. Summary: This item is an ordinance granting 2906 Holdings, LLC (dba Waste Falcon) a non- exclusive franchise for the use of public streets, alleys, and public rights -of -ways within the city for the purpose of providing collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multi -family sites. This franchise agreement allows Waste Falcon to collect and haul recyclables and construction and demolition debris from commercial, industrial, and multi -family sites. This standard agreement sets the franchise fee based on the contractors' monthly gross revenues, delivery revenues, and hauling revenues, as well as the percentage of aggregate recycling and composting. Contractors must provide the total number of customers and total tons landfilled quarterly but are not required to disclose specific sites that are utilizing recycling services. The term of this agreement is five years. A franchise agreement for Waste Falcon was approved by City Council on July 22, 2022. The company has changed names to 2906 Holdings, LLC but is continuing doing business as Waste Falcon. Counting Waste Falcon, the city has a total of eighteen (18) franchised haulers. This list can be found on the city's website under Public Works. Budget & Financial Summary: N/A Attachments: 24300572 2906 Holdings LLC Franchise Agreement (Vendor Signed) Page 50 of 525 CONTRACT & AGREEMENT ROUTING FORM CITY OF COLLEGE STATION Horne of Texas A&M University® CONTRACT#: 24300572 PROJECT#: N/A BID/RFP/RFQ#: NSA Project Name / Contract Description: Recyclables Collection Franchise Agreement Name of contractor: 2906 Holdings, LLC. dba Waste Falcon CONTRACT TOTAL VALUE: $TBD Debarment Check ❑ Yes ❑ No ❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # N/A Grant Funded Yes❑ No ❑0 If yes, what is the grant number: Davis Bacon Wages Used ❑ Yes ❑ NoN N/A Buy America Required ❑ Yes ❑ No* N/A Transparency Report ❑ Yes ❑ No ❑E N/A [—]CHANGE ORDER # NSA ❑ OTHER N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Franchise agreement terms attached. (If required)* CRC Approval Date*: N/A Council Approval Date*: 8/22/24&9/12/24 Agenda Item No*. TBD --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL 8/12/2024 DEIPA DIRECTOR ADMINISTERING CONTRACT DATE �A( 8/12/2024 AIS�ST CITY MGR — CFO DATE �JA I � 8/12/2024 LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE MAYOR (if applicable) DATE CITY SECRETARY (if applicable) DATE Origlnal(s) sent to CSO on Scanned into Laserfiche on Originals) sent to Fiscal on Page 51 of 525 ORDINANCE NO. RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, 2906 HOLDINGS, LLC, (DBA WASTE FALCON) ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC RIGHTS OF WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION ("CITY") FOR THE PURPOSE OF PROVIDING COLLECTION OF DEMOLITION AND CONSTRUCTION DEBRIS, RECYCABLES, AND ORGANIC WASTE FROM COMMERCIAL, INDUSTRIAL, AND MULTI -FAMILY SITES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclables; and WHEREAS, the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection of Solid Waste and Recyclables generated within the City limits; and WHEREAS, the City of College Station desires to exercise the Charter's authority and grant a non-exclusive franchise to Contractor for collection of demolition and construction debris and other waste for disposal using roll off containers, and recyclable materials, and organic waste from multifamily and commercial locations for the purpose of recycling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 1 of 16 Page 52 of 525 Table of Contents ArticleI. Definitions..................................................................................................................3 Article II. Grant of Authority and Acceptance............................................................................4 ArticleIII. Payment and Term....................................................................................................4 Article IV. Access to Records & Reporting................................................................................6 Article V. Rates to be Charged by Contractor.............................................................................6 Article VI. Appearance of Personnel and Equipment..................................................................6 Article VII. Collection and Transport of Recyclables.................................................................7 Article VIII. Placement of Receptacles.......................................................................................7 ArticleIX. Service Complaints...................................................................................................7 Article X. Disposal and Processing.............................................................................................8 Article XI. Violation and Penalty...............................................................................................8 ArticleXII. Insurance.................................................................................................................8 Article XIII. Indemnification and Release..................................................................................9 Article XIV. Disputes and Mediation.........................................................................................9 ArticleXV. General Terms......................................................................................................10 ExhibitA. Schedule of Rates....................................................................................................13 ExhibitB. Insurance Requirements..........................................................................................14 I) Standard Insurance Policies Required: ............................................................................ 14 II) General Requirements Applicable to All Policies: .......................................................... 14 III) Commercial General Liability.....................................................................................14 IV) Business Automobile Liability....................................................................................15 V) Workers' Compensation Insurance..............................................................................15 Exhibit C. Certificates of Insurance..........................................................................................16 Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 2 of 16 Page 53 of 525 ARTICLE I. DEFINITIONS 1.1 Agreement means this Franchise Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclables within the City limits. 1.2 Approved Customers means those designated premises located within the City that generate Recyclables. 1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) means the permitted municipal solid waste landfill and compost facility owned and operated by a Texas local government corporation. 1.4 City Council or Council means the governing body of the City of College Station, Texas. 1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation. 1.6 City's Representative means the Recycling & Environmental Compliance Manager or the Manager's designated appointee. 1.7 Collection means the scheduled aggregation of Recyclables by Contractor. 1.8 Construction and Demolition Debris means buildings material waste resulting from demolition, remodeling, repairs, or construction, as well as materials discarded during periodic temporary facility clean-up generated within the City. 1.9 Contaminated means Recyclables mixed with solid waste or altered in a way that results in materials being unrecyclable or un-compostable. 1.10 Contractor means the Contractor franchised for the collection of Recyclables. 1.11 Customers means the locations designated by the City as a Commercial Business or Multifamily Residence. 1.12 Organic Waste means waste of biological origin recovered from the solid waste stream for the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste, unless it is abandoned or disposed of, rather than reprocessed into another product. 1.13 Receptacle means a weatherproof container easily identifiable and designated for recycling or organic waste collection and shall not be made of any temporary materials. 1.14 Recyclables or Recyclable Materials mean materials, including construction and demolition debris recovered from the solid waste stream for the purpose of reuse or reclamation, a substantial portion of which are consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable materials are not solid waste unless they are abandoned or disposed of as garbage rather than reprocessed into another product. Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 3 of 16 Page 54 of 525 1.15 Residue means the materials regularly associated with and attached to Recyclables, as a part of the original packaging or usage of that material that is not recyclable or compostable. 1.16 Roll -Off / Compactor means a container of varying capacity used for Recyclables collection. 1.17 TAC means the Texas Administrative Code now and as amended. 1.18 TCEQ means the Texas Commission on Environmental Quality. ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE 2.1 Non -Exclusive. City grants Contractor a non-exclusive franchise to operate and establish Recyclables collection from designated Customers. Nothing in this Agreement shall be construed as granting an exclusive franchise or right. City grants Contractor passage and rights -of -way on, along, and across City streets, highways, alleys, public places and all other real property for collecting demolition and construction debris, recyclables and organic waste from commercial, industrial, multifamily and residential construction sites for the purpose of disposal and/or recycling within the jurisdictional limits of the City. Contractor is expressly prohibited from collecting any recyclables from completed residences that are covered by the City's residential single stream recycling contract and program. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City's governmental and police powers. 2.2 Acceptance. By accepting this Agreement, Contractor represents it has, by careful examination, satisfied itself as to the nature and location of the services, character, quality, and quantity of services to be performed, the character of the equipment and facilities necessary to fulfill obligations under this Agreement, as well as the general and local conditions and all other matters affecting services performed under this Agreement. 2.3 Option to Market Materials. If City develops services or programs resulting in materials that may be recycled or composted, including but not limited to residential construction sites, multifamily, or commercial recycling or composting, the City shall have the option to market those to any contractor. 2.4 Contract with City. If City and Contractor contract for the collection and recycling or composting of materials, those terms will be incorporated into this Agreement by amendment. ARTICLE III. PAYMENT AND TERM 3.1 Franchise Fee. For and in consideration of the grant of the franchise herein, Contractor agrees and will pay a Franchise Fee during the term of this Agreement, a sum based on the following graduated fee schedule depending on the percentage of aggregate recycling or composting accomplished: Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 4 of 16 Page 55 of 525 a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least sixty percent (60%) of Recyclables collected. b. A fee is required, equivalent to six and one half percent (6.5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least fifty-five percent (55%) but less than sixty percent (60%) of Recyclables collected. c. A fee is required, equivalent to eight percent (8%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting less than fifty-five percent (55%) of Recyclables collected. 3.2 Payments. Revenue received by Contractor from this Agreement is subject to the Franchise Fee and shall be computed into Contractor's monthly gross revenues, delivery revenues, hauling revenues, and rates, as described in Exhibit A. Payment will be paid quarterly to the City, and shall be due by the twentieth (20th) day of the month following the end of the previous calendar quarter. Payment after that date shall incur a ten percent (10%) late fee on the outstanding account balance under Article V. 3.3 Failure to Pay. Failure by Contractor to pay any amount due under this franchise constitutes a Failure to Perform under this contract and is subject to the provisions of Article XV. General Terms of this Agreement (Termination for Cause). 3.4 Franchise Fee Requirements. Payments must state on a form approved by the City: a. The number and type of Customers collected from, for the previous quarter, for Customers included in this Agreement. b. The total tons landfilled, recycled or composted, within the jurisdictional limits of the City, for the previous quarter. c. The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d. The total payment amount. 3.5 Term. The term of this Agreement shall be for a period of five (5) years, beginning on the date of acceptance and approval by City Council. Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 5 of 16 Page 56 of 525 ARTICLE IV. ACCESS TO RECORDS & REPORTING 4.1 Facilities. The City shall have the right to inspect the Contractor's facilities, equipment, personnel, and operations to ensure compliance with this Agreement. 4.2 Records. The City shall have the right to inspect Contractor's records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of Recyclables collected, processed, and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. 4.3 Records Retention. Contractor shall retain all records associated with this Agreement for a period of four (4) years. City shall have access to information regarding Contractor's markets and prices paid for each type of material's return/cost; all information obtained by City marked confidential or proprietary shall remain confidential or proprietary pursuant to the Texas Open Records Act. 4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report, on a form approved by the City, summarizing the previous month's collection. This report is due to the City's Representative no later than the twentieth (20th) calendar day of each month. Contractor's report shall include the following information: a. The Customer collection count, itemized by customer type. b. Total tonnage of materials collected, recycled, composted and/or landfilled, itemized by type of material, within the jurisdictional limits of the City. c. Any other information concerning the collections as required by the City's Representative. ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR 5.1 The Contractor shall follow the Schedule of Rates attached hereto as Exhibit A for the services described herein. The rates provided shall be kept current and made available to the City's Representative within thirty (30) days of an adopted rate change. The Contractor agrees to use due diligence to keep costs from increasing. ARTICLE VI. APPEARANCE OF PERSONNEL AND EQUIPMENT 6.1 Equipment. Contractor shall ensure all collection equipment and vehicles are attractively painted, well maintained and are in good working condition. Equipment must be washed at least one time per week. Equipment and vehicles must have sufficient carrying capacity for safe and efficient collection. The City shall have the right to inspect and approve the appearance of collection equipment. A standby vehicle shall be available at all times for collection. Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 6 of 16 Page 57 of 525 6.2 Signage. Contractor's vehicles shall at all times be clearly labeled with Contractor's name and phone number in visible letters and numbers not less than three (3) inches in height. Signage must be on both sides of the vehicle and placed in a conspicuous place. Only labeled vehicles shall perform collection activities under this Agreement. Contractor's roll -offs, compactors, and receptacles must be clearly marked as used for collection in letters at least twelve inches (12") in height on each side of the container. 6.3 Personnel. All collection personnel shall wear a City -approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work attire. ARTICLE VII. COLLECTION AND TRANSPORT 7.1 Transport. The Contractor shall only transport collected materials for storage, processing, disposal, or other necessary handling to locations in a manner permitted by the terms of this Agreement as well as federal, state, and local law. This Agreement does not authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal solid waste or any other type of waste intended for disposal from any other proj ect. 7.2 Cover. During transport of materials all vehicles shall be covered to prevent release of litter. ARTICLE VIII. PLACEMENT OF RECEPTACLES 8.1 Placement. All roll -offs, compactors, and receptacles placed in service shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall Contractor place roll -offs, compactors, or receptacles on public streets, alleys, or thoroughfares without prior approval of the City's Representative. City reserves the right to designate the exact location of any or all roll -offs, compactors, or containers placed in service in the City. 8.2 City Collection. Collections shall not interfere with the City's collection of municipal solid waste. Under no circumstances shall contractor place roll -offs, compactors, or receptacles in existing enclosures designated for City roll -offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to customer service, property damage, or personal injury from their commercial business and multifamily Recyclables collection service. 9.2 Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 7 of 16 Page 58 of 525 9.3 Response. Contractor shall respond to all complaints within one (1) business day of receiving a complaint from a Customer or notice of complaint from the City. Regardless of the nature of the complaint, Contractor shall report the action taken to the City in accordance with Article IV. Access to Records & Reporting. 9.4 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five (45) day period, Contractor shall be assessed a charge of Three Hundred Dollars ($300.00). Complaints are to be verified by the Contractor and the City's Representative. The City shall invoice the Contractor such charges. ARTICLE X. DISPOSAL AND PROCESSING 10.1 Disposal Site. Unless approved otherwise in writing by the City, Contractor shall utilize BVSWMA, Inc. Landfill for the disposal of all non -recyclable waste material collected by Contractor within the corporate limits of the City. 10.2 Processing Facility. Contractor shall only use a City -approved recycling or composting facility for processing of all Recyclables collected by Contractor within the corporate limits of the City under this Agreement. ARTICLE XI. VIOLATION AND PENALTY 11.1 Fine. It shall be unlawful for any person, firm or corporation to violate any provision or term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE XII. INSURANCE 12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 12.2 The Contractor's insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are attached in Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 8 of 16 Page 59 of 525 ARTICLE XIII. INDEMNIFICATION AND RELEASE 13.1 Indemnification. Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work and services done by the Contractor under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 13.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work and services to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. ARTICLE XIV. DISPUTES AND MEDIATION 14.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the dispute shall first be referred to the operational officers or representatives designated by the parties having oversight of the Agreement's administration. The officers or representatives shall meet within thirty (30) days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. 14.2 Mediation. If the parties are not able to resolve the dispute under the procedure in this article, then the parties agree the matter shall be referred to non -binding mediation. The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall select the mediator from those mediators remaining on the list. The parties shall pay their own expenses of any mediation and will share the cost of the mediator's services. 14.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 9 of 16 Page 60 of 525 ARTICLE XV. GENERAL TERMS 15.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services in a professional manner and be fully qualified and competent to perform those services. 45.2 Termination. a. For Convenience. At anytime, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30) days' written notice. City shall be compensated for outstanding Franchise Fees. b. For Cause. City may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) days of City providing Contractor written notice, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time upon which the parties may agree. c. Hearing. This Agreement shall not be terminated except upon a majority vote of the City Council, after giving reasonable notice to Contractor. The Contractor will have an opportunity to be heard, provided if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 15.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 15.4 Amendment. This Agreement may only be amended by written instrument approved and executed by the parties. 15.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes. 15.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 15.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver of deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 10 of 16 Page 61 of 525 15.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 15.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, and if by limiting that provision, the Agreement may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15.10 Entire Agreement. This Agreement represents the entire agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 15.11 Agree to Terms. The parties' state they have read the terms and conditions of this Agreement and agree to the terms and conditions. Contractor shall evidence its unconditional written acceptance of all the terms and conditions of this Agreement by the execution of this Agreement. 15.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal publication of this Agreement as provided by law, and provided it has been duly accepted by Contractor as herein above provided, this Agreement shall not take effect until sixty (60) days after its adoption on its second and final reading. 15.13 Notice. Any official notice under this Agreement will be sent to the following addresses: City of College Station 2906 Holdings, LLC (dba Waste Falcon) Attn: Caroline Ask Attn: Caleb Barnett PO BOX 9960 5544 Caroline Drive College Station, TX 77842 Bryan, TX 77807 mlucas@cstx.gov bcsjunkremoval@gmail.com 15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Schedule of Rates B. Insurance Requirements C. Certificates of Insurance 15.15 Public Meetings and Readings. This Agreement was passed, adopted and approved according to Texas Government Code Chapter 551. a. First Consideration & Approval on the 22nd day of Au ust, 2024. b. Second Consideration & Approval on the 12th day of September 2024. Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 11 of 16 Page 62 of 525 2906 HOLDINGS, LLC DBA WASTE FALCON Printed Name: Cal eb Barnett Title: Owner/Member Date: 8/8/2024 CITY OF COLLEGE STATION By: Mayor Date: ATTEST: City Secretary Date: APPROVED: City Manager Date: kLt City Attorney Date: 8/12/2024 Assistant City Manager/CFO Date:8/12/2024 Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 12 of 16 Page 63 of 525 EXHIBIT A. SCHEDULE OF RATES • 20-yard dumpster: $425 rental fee (7 days included, no tonnage included, 25 mi delivery radius) • 30-yard dumpster (subcontracted): $565 rental fee (7 days included, no tonnage included, 25 mi delivery radius) • Junk removal (custom quote) • Mileage: $4.25/mi after 25 miles • Days: $8/day after 7 days • Tonnage: $42/ton • Overweight fee: additional $50/ton over 3 tons in 20-yd or 10 tons in 30-yd (driver instructed to call for a second dumpster rather than haul it) • Same -day service fee: $50 • A dry run charge can range from $150 to $500 per occurrence. Blocking or impeding retrieval of a roll -off on the agreed delivery or collection date will result in a dry run charge. • Tires: <19" ($5/tire). 19"-24.5" ($13/tire). >24.5" ($33/tire) • Items with refrigerant: $25 each. • Special items ($56/ton): dead animals, non -friable asbestos -containing material, sludge, grit, grease, contaminated soils, food. • Other: Cleaning due to loading restricted or hazardous materials may be billed at a 3rd party rate plus a reasonable markup. Contractor's base rate per pull, and may increase, depending on a variety of conditions, including but not limited to: a. Location of Customer b. Impact on Existing Routes c. Ingress and Egress Capabilities d. Special Requests by Customers e. Frequency of Collections f. Volume of Materials g. Type of Materials h. External Contributing Conditions of Market Costs Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 13 of 16 Page 64 of 525 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: a. Commercial General Liability b. Business Automobile Liability c. Workers' Compensation II. General Requirements Applicable to All Policies: a. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. b. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance -approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. c. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per -occurrence basis only. d. The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. e. The City will not accept "claims made" policies. f. Coverage shall not be suspended, canceled, non -renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability a. General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. c. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000. Limits shall be endorsed to be per project. d. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance e. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 14 of 16 Page 65 of 525 IV. Business Automobile Liability a. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain c. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. d. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page e. The coverage shall include any autos, owned autos, leased or rented autos, non -owned autos, and hired autos. V. Workers' Compensation Insurance a. Workers compensation insurance shall include the following terms: i. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required ii. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy iii. TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY" Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 15 of 16 Page 66 of 525 EXHIBIT C. CERTIFICATES OF INSURANCE Contract No. 24300572 Recyclable Collection Franchise Ordinance Page 16 of 16 Page 67 of 525 ® DATE 1 /202 /YYYY) A CERTIFICATE OF LIABILITY INSURANCE I 07/31/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (CONTACT NAME: Next First Insurance Agency, Inc. I PHONE (855) 222-5919 FAX PO BOX 60787 (AIC No. Ext): (A/C. Noll: Palo Alto, CA 94306 I L ADDRESS: pp su ort@nextinsurance.com ADDR INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: State National Insurance Company, Inc. 12831 INSURED INSURER B : 2906 Holdings, LLC DBA Waste Falcon 5544 Caroline Dr INSURER C : Bryan, TX 77807 1 INSURER D I INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 512120032 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER (MM/DD/YYYYI (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000.00 DAMAGE RENTED CLAIMS -MADE FX7 OCCUR PREM SESO(Ea occurrence) $100,000.00 MED EXP (Any one person) $15,000.00 A X NXTCWCDD3R-00-GL 06/07/2024 06/07/2025 PERSONAL & ADV INJURY $1,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000.00 X POLICY PROJECT ❑ LOC PRODUCTS - COMP/OPAGG $2,000,000.00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY $ AUTOS ONLY AUTOS (Per accident) HIRED NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR X NXTCWCDD3R-00-GL 06/07/2024 06/07/2025 EACH OCCURRENCE $ 1,000,000.00 A X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 1,000,000.00 DED I I RETENTION $ $ WORKERS COMPENSATION PER ERH AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N EL EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ N/A (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is City of College Station. This Certificate Holder is an Additional Insured on the General Liability policy and Umbrella/Excess Liability policy on a primary and non-contributory basis. This Certificate Holder is an Additional Insured on the General Liability policy and Umbrella/Excess Liability policy with respect to ongoing operations. All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of College Station LIVE CERTIFICATE PO Box 9960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE College Station, TX 77842 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � Click or scan to view @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 68 of 525 I DATE (MM/DD/YYYY) A� " CERTIFICATE OF LIABILITY INSURANCE 8n/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I NAME: I Toby Stubbs Wisdom Insurance Agency Inc. I (n/cc No. Ertl: (262) 408-5019 11A/C, No): (262) 661-7475 2309 Silvernail Rd h- DRE I ADDRESS: toby@wisdominsurance.com I INSURER(S) AFFORDING COVERAGE NAIC # Pewaukee WI 53072 I INSURER A : Progressive County Mutual Ins Co 29203 INSURED INSURER B : Biberk 11754 2906 Holdings, LLC I INSURER C : DBA Waste Falcon I INSURER D : 5544 Caroline Drive I INSURER E: Bryan TX 77807-7806 I INSURER F : ES CERTIF19ATE ER: 2024-2025 COTHIS IDS GO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW AVE BEEN ISSUED TO THE INSURED NAMED ABOVE ORATHHE 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. INSK TYPE OF INSURANCE AUUL"DU6R POLICY NUMBER POLICY L" POLICY LAP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO ElLOC JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO A — OWNED �/ SCHEDULED y 982168297 AUTOS ONLY /► AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY — UMBRELLA LIAB OCCUR EXCESS LIAB HCLAIMS-MADE DED I RETENTION $ WORKERS d 111PENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIV E B DFFICER/MEMBER EXCLUDED? N / A N9WC170633 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below EACH OCCURRENCE $ UAMAIS" I V KG PREMISES (Ea ocN curIGUrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ IGENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ CUMBINLU SINGL. LIMI I accident) $ 1,000,000(Ea BODILY INJURY (Per person) $ 06/07/2024 06/07/2025 I BODILY INJURY (Per accident) $ PKUHLKIY UAMAUL (Per accident) $ EACH OCCURRENCE $ (AGGREGATE $ $ V /t I STATUTE I I ER„ I E L EACH ACCIDENT $ 1,000,000 06/07/2024 06/07/2025 E L DISEASE - EA EMPLOYEE $ 1,000,000 E L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Additional Insured: City of College Station CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of College Station ACCORDANCE WITH THE POLICY PROVISIONS. RM PO Box 9960 AUTHORIZED REPRESENTATIVE College Station TX 77842 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 69 of 525 Figure: 28 TAC §1.601(a)(2)(B) Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. State National Insurance Company, Inc. To get information or file a complaint with your insurance company or HMO: Call: Next First Insurance Agency, Inc. Toll -free: 1-855-222-5919 Email: support@nextinsurance.com Mail: P.O. Box 60787 Palo Alto, CA 94306 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov Mail: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091 -Tiene una queja o necesita ayuda? Si tiene un problema con una reclamaci6n o con su prima de seguro, Ilame primero a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingles) pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas, tambien debe presentar una queja a traves del proceso de quejas o de apelaciones de su compania de seguros o HMO. Si no to hace, podria perder su derecho para apelar. LIVE CERTIFICATE 2 10 'a Click or scan to view NXT-N01-I L-TX 1220 Page 1 of 2 Page 70 of 525 State National Insurance Company, Inc. Para obtener informaci6n o para presentar una queja ante su compania de seguros o HMO: Llame a: Next First Insurance Agency, Inc. Telefono gratuito: 1-855-222-5919 Correo electr6nico: support@nextinsurance.com Direcci6n postal: P.O. Box 60787 Palo Alto, CA 94306 El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en: www.tdi.texas.gov Correo electr6nico: ConsumerProtection@tdi.texas.gov Direcci6n postal: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091 LIVE CERTIFICATE 2 10 'a Click or scan to view NXT-N01-I L-TX 1220 Page 2 of 2 Page 71 of 525 August 22, 2024 Item No. 6.6. Rock Prairie Management District No. 2 Annexation Consent Resolution Sponsor: Michael Ostrowski, Chief Development Officer Reviewed By CBC: N/A Agenda Caption: Presentation, discussion, and possible action regarding a resolution granting consent to the Rock Prairie Management District No. 2 to annex approximately 19.44 acres of land into the District. Relationship to Strategic Goals: • Diverse & Growing Economy Recommendation(s): Staff recommends approval of the consent to annexation of approximately 19.44 acres of land in the Rock Prairie Management District No. 2, located within the city. Summary: BV Southern Pointe Development, Inc., has filed a petition requesting consent to annexation of 19.44 acres of land in Rock Prairie Management District No. 2. Pursuant to Sect. 3909.110 and 3909.111 Texas Special District Local Laws Code and Subchapter J, Chapter 49 Texas Water Code, the District must obtain City approval for the annexation of land and subsequent issuance of bond indebtedness; therefore, the District has come to the City for consent. Budget & Financial Summary: The annexed property will not be subject to the Infrastructure or Economic Development Agreements between the City and the District. Attachments: Consent Resolution RPMD 2 19.44 Acres Page 72 of 525 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, GRANTING CONSENT TO THE ANNEXATION OF APPROXIMATELY NINETEEN AND FORTY-FOUR HUNDREDTHS (19.44) ACRES OF LAND INTO THE ROCK PRAIRIE MANAGEMENT DISTRICT NO.2 LOCATED WITHIN THE CITY. WHEREAS, Rock Prairie Management District No. 2 ("District") was created pursuant to a special act in the 83rd Texas Legislature and codified in Chapter 3909, Texas Special District Local Laws Code and approved by the City of College Station, Texas ("City") as set forth in Resolution No. 07-09-15-02 on or about July 9, 2015; and WHEREAS, BV Southern Pointe Development, Inc., as sole owner of approximately 19.44 acres of land more particularly described in Exhibit "A" and attached and incorporated as Exhibit "A" ("Land") has filed a petition requesting consent to annexation into the District including an estimated amount of Two Million Eight Hundred Seventy -Five Hundred Thousand Dollars and No Cents ($2,875,000.00) of bonded indebtedness to be issued by the District as improvements contemplated within the Land ("Petition"). A copy of the Petition is attached hereto as Exhibit "B"; and WHEREAS, pursuant to §§3909.110 & 3909.111 of the Texas Special District Laws Code and Subchapter J, Chapter 49 of the Texas Water Code the District must obtain the City's consent for the annexation of Land and subsequent issuance of bonded indebtedness; and WHEREAS, the College Station City Council now desires to grant consent as set forth in this Resolution; now therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the facts and recitations in the preamble of this Resolution are declared true and correct and adopted as findings of the City Council. PART 2: That the City Council grants consent to annexation of the Land into the District as described this Resolution. PART 3: That the terms and conditions upon which the City consents to annexing the Land into the District are as follows: a. District complies with the terms and conditions set forth in College Station Resolution No. 07-09-15-02 adopted on or about July 9, 2015, as amended; and b. That the Land is NOT made a part of Tract "A" as referenced in the Infrastructure and Economic Development Agreement entered into between the City and the District on or about July 9, 2015; and the District takes any and all steps reasonably necessary to ensure this. Page 73 of 525 Resolution No. Page 2 of 16 PART 4: That the consent in this Resolution is conditioned upon compliance with the above - referenced terms and conditions and serves as authorization for the District to annex the Land as provided in this Resolution and in accordance with applicable law. PART 5: That the Resolution shall become effective immediately from and after its passage & approval. PASSED, ADOPTED and APPROVED this day of August, 2024. ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney Page 74 of 525 Resolution No. Page 3 of 16 EXHIBIT A Exhibit �� � � � FIELD NOTES DESCRIPTION SURVEYING 0FA I/ / 19.44 ACRE TRACT THOMAS LARLITHERS LEAGUE SURVEY, ABSTRACT 9 COLLEGE 5TAT10N, BRAZO5 COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 19.44 ACRES IN THE THDMA5 CARUTHERS LEAGUE SURVEY, ABSTRACT 9, IN BRAZOS COUNTY, TEXAS, BEING THE REMAINDER OF CALLED19.69 ACRE TRACT OF LAND CONVEYED TO EUGENE BERNARD SAVAGE III IN VOLUME 10745, PAGE 153OF THE OFFICIAL PUBLIC RECORDS (IF BRAZO5 COUNTY, TEXAS (OPRBCT); SAID 19,44 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINWNG at a 112 inch iron rod with a blue plastic Cap stamped "KERR SURVEYING" set on the south right -of -wag line of Rock Prairie Road Iuariablewidth right-of-way.114271247 OPR81T; portions appear to be prescriptive in nature) and being the northeast corner of a called 33.342 acre trait conveyed to College Station Downtown Residential, LLC in Volume16550, Page 84 (OPABCT), and further being the northwest corner of the herein described tract, from which a 112 inch iron rod with a plastic cap stamped " MAYO RPLS 5045" found hears N 77' 01' 02" W a distance of 398.73 feet; THENCE, with the south line of Rock prairie Road, 5 TP 01' 02' E, for a distance of 397.18 feetto a 112 inch iron rod found being the northwest corner of a called 66.32 acre tract conveyed to the City of College Station in Volume 4480, Page 135 10PR81T), and further being the northeast corner of the herein descdhed tract, from which the City of College 51afion monument C594-148 hears N 39' 57' 35" E, a distance of 1,625.97 feet, THENCE, with the northwest boundary of said66.32 acre tract and generally along atenLefor the following six (6) courses and distances: 11 5 36` 34'45° W, a distance of 465.53 feet to a cross lie found; 2) 5 37' 11' 44' W. a distance of 711.78 feet to a cross tie found; 3) 5 3T 50' 59" W, a distance of 323.52 feet to a S inch treated fence post found; 4) 5 34' 52' 45" W, a distance of 259.94 feet to an angle paint in fence; 5) S 38' 43' OR" W. a distance of 314-73 feet to a [rose tie found; s) S 38' 34' 25" W, a distance of 539.01 feet to a 112 inch iron rod found for the west Earner of said 66,32 acre tract and further being the north corner of a called 100-64 acre tract conveyed In the City of College Station in Volume 6927, Page 226 (DPRBCT) and also being the east corner of a called 111-679 Me tract conveyed to College 5taliun Downtown Residential, LLC in Volume 14405, Page186 (OPRBU) and being the south corner of the herein described tract, 21.1079-docx i Page 75 of 525 Resolution No. Page 4 of 16 THENCE, with the northeast line of said 111.679 acre trail, N 48' 35' 04" W, for a distance of 437.42 feet to a 112 inch iron rod found being the south turner of a called 33342 acre trail conveyed to College Station Downtown Residential, LLC in Volume 16558. Page RD (OPREET) and further being the west corner of the herein descohed trail; Tf1ENCE, with the southeast boundaries of said 33.342 acre tract and generally along a fence for the following two (2) courses and distances= 1] N 43° 29' 39° E. a distance of 1,922.15 feet to a 4 inch treated fence post found; 21 H 23" 07' 45' E. a distance of 524.U7 feet to the POINT OF BEGINNING hereof and containing 19.44 acres, more or Tess. Surveyed on the ground February 2022 under my supervision. See plat revised March 2022 for other information. The bearing basis for this survey is based on the Texas State Plane Coordinate System of 1983 (NA063), Central Zone, Grid North as established from GP5 observation using the Leira 5martnet NADR3 (NA2011) Epoch 2010 Multi -year CURS Solution 2 (MYC52)_ Distances desrrihed herein are surface distances_ To obtain grid dislanceg (not grid areas) divide by a combined scale factor of 1.00010170500000 (calcuJated using GE010126). Reference drawing: 21-109. { 14ATKAS PAUI- KERR Nathan Pa u err Registers Land Surveyor No_ 6834 Revised ❑3-24-2? KERR SURVEYING Kerr Surveying, tLC 1 409 H_ Texas Ave. Bryan, TX 7780A Office, (979) 268-31951 Web; www_kerriandsurvemo.corn 5urveuslfkerrsurveuino.net l TBPELS Firm No.10018500 21-1079.docx 1' Page 76 of 525 Resolution No. Page 5 of 16 SUIPEYOR'S CERFIFILATE: FLOOD AWN hpfFL LIAVIREMPAIN ar RI. RA.IS WWL W WM rMFFI THB.Suss Y THIS T"rr LIES WIRDIR 11CQD OCK'r Mx ,"D aIC COE5 WKIIIii + 10101 r3VTR TIC SUM NM 509M CIF MWMWA r7T UE"' Mr A SM"LL "Ma kAEAi9 AM SUFS"'TOTXE SYIREIAIS MLIM OF 1'XAEir[ RhMMM FOE A G MIRRI LA. 1-1MM LOLL[N&WE FLuu'l Ru 7FAR RON RANI KRORLFIK {gER10R 3. LLVN 11[LE i1NREY M4 EWE 4M 11E SiR W MW r,T Lb ILQ FAA305 inum ROOD INSURIa[E nirl wo vn,* SUFglISOM PA1E1110 RNP1i0YISL, RF14'{ppLM 0cti 2014. pp,,��.. +R} ii �. •1N7411y ".,%�; "T!f Ie1p '�rdra 240' -3P^ . ............... 1j2111[H Yit7h'FIm rTLH O� I6};? SEALE:1" = A? 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CORK71 rr rf rr r+r M6LEFVwIM rf r � f1�Epq .�. 53Mae'w3W77Fr>rL910En PIERRE: .' •�1 6-WAaff*3Mor Z&RM,MMT f+r f IEfEXP r 1�"T'Ili[IRDiI.�L +r T4 1En1Y� Y � Fp�ld G16 Z.— rr6IM11 EaL1F�pE 4 f� 15A1Tii0.T+.l5R 7LFINOirmfin NCTES vER�.1IRW MIY FIr}RI1 f- YY V �,♦♦♦+��-� 4F , 1 +p '�µ, • L�y�A uRlrr JUNK LEApld ONLMEJUADMIRfCK 4T1 OFCOLLEEEEPCNh ra THS x1wf1 FUl= f� gvIdAE 11 icurN5 1RLR IS lONR RW4 ;L LED IESWI[R lit hRkl0.rhx:IMM� 1XL FO.LPMNR WLOLIL SLL}yuy Ir. L3 �V SXDaKilEdl ILT IIPA MIYYIRS r ��Sp '� IR—AIIILSe.'n Rf1 l wl—wslLLn>• 4 {,l SiE['ili,Ek lrrl@tlY, xrER wilino TIIRn a FAR IE EV S61EE1 1 _ Roo REM LARD TITLE LhMDSURYFV PLAY ROO r�Dl11 Af5rtFO43 2� F A r LOIaRF{TF11710R7HOIpE'T li.Ai M[TAM[[ rga{�51511uaNOO*W'1,1m PROPERTY LINE MID LALLEO LO BE 19.69 AERIES IN gIMIOENf LEA. LL[ ik.Llu jrhi94:.IE5 AORF[7 [AIUR TA VOLVIRE 10745. PAGE 153 OP�ER 1NOrA5 GEUTNGS LG61eE iUANE4, AR5INAET 4 F I15AOYIB4 CnarT I COM61 STAFION, 901Li46EOgIRLTI TEXAS lax rmr nF LDLIEOF 5TA7M TrfM 9W-mlaw RRAI M e swwrwcrN,e� 11u1 Mara POaMe inFwY1H.i11735 1IJSYVLb M6 n EALLMW LEI A;RE*i ua . la■ (69£r�M DIEDE 1 71i*.melr+�-s..lrt a9P'Y 1LVL4i'191A: RfAl70lFSrr101 — _ `�— - regalva'rFYlr M N,[�pOEo [r[ rrlLxu.i lr:IFtrnlfs lLF,1RA1FE�i1�.fhLt�1ii511:I Y Page 77 of 525 Resolution No. Page 6 of 16 EXHIBIT B July 18, 2024 VIA EMAIL AND FEDERAL EXPRESS Mr. Adam Falco (afalcotu_7cstx.my) City Attomey City of Cot Iege Station, Texas P.O. Box 9960 College Station, TX 77840 Re: Rock Prairie Management District No. 2; Request for Consent to the Annexation ol` 19.44 aeres of Land to the District Dear Mr. Falco: Enclosed for the City's consideration is one (t) fully executed original Petition for Consent to Include Additional Land in Rock Prairie Management District No. 2, relative to the proposed annexation of 19.44 acres of land to the District. Should you have any questions, plcase do not hesitate to contact us at (713) 623-4531. Very truly yours, SCHWARTZ, PAGE & HARDING, L.L.P. VC—r na C:oCe 727880 1300 POST OAK BOLIXYARn, SUITE 2400- HOUSTON, Tx 77o56 [S; 71i.62,3,4591 Fr 713.62.i.043 Page 78 of 525 Resolution No. Page 7 of 16 PETITION FOR CONSENT TO MCLUDE ADDITIONAL LAND IN ROCK PRAIRIE MANAGEMENT DISTRICT NO.2 THE STATE OF TEXAS COUNTY OF BRAZOS TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE KrATION: BV SOUTHERN POLITE DEVELOPMENT, INC., a Texas corporation, being the holder of title to all of, and therefore, a majority in value of the land hereinafter described, as such values are indicated by the tax rolls of the central appraisal district of Brazos County, Texas ("Landowner"), and Rock Prairie Management District No. 2 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 3909.110, Texas Special District Local Laws Code, as amended, respectfully petition for consent to include additional Iand in the District. In support of this petition, Petitioner shows as follows: The District, to which the land hereinafter described is sought to be annexed, has been created by an Act of the 83`a Texas Legislature, House Bill 3874, Regular Session, codificd as Chapter 3909, Texas Special District Local Laws Code (the "Act"), under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas, and exists under the tens and provisions of Article XV1, Section 59 of the Constitution of Texas, Article 111, Section 52 and 52-a of the Constitution of Texas, the Act, Chapter 375 of the Texas Local C'rnvemment Code, and the applicable provisions of Chapter 49 and Chapter 54 of the Texas Water Code, as amended. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Brazos County, Texas. Landowner represents and warrants that the lienholder consenting to this petition below is the only holder of liens against the land sought to be annexed. II. The land sought to be added to the District contains approximately 19.44 acres of land, more or [ess, and lies wholly within Brazos County, Texas. Under the provisions of Vernon's Texas Civil Statutes, Local Government bode, Section 42.001 et, sea., as amended, said area is within the corporate limits of the City of College Station and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. The land sought to he added to the area of the District is described by metes and bounds in Exhibit "A" auaolted hereto and incorporated herein for all purposes. Page 79 of 525 Resolution No. Page 8 of 16 IV. The general nature of the work proposed to be done in the area sought to be annexed shall. be the phase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to. (1) provide a water supply for municipal, domestic and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or conununal wastes whether in fluid, solid or composite state; (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area; (4) promote, develop, encourage and maintain employment, commerce, ecanornic development, safety, and the public welfare in the area within the District; (5) finance, develop and maintain recreational facilities for the people ofthe District if and as allowed by applicable law; (6) design, acquire, construct, finance and issue bonds for roads pursuant to applicable law, as amended ("Road Powers"), as, if, and when required; and (7) to provide such other facilities, systems, plants and enterprises as shall he consistent w1th the purposes for which the District is created and permitted under stage law. M The area of the District is urban in nature, is within the growing environs of the City of City of College Station and is in close proximity to populous and developed sections of Brazos County. The District's area will, within the immediate future, experience a substantial and sustained residential and commercial growth. Therefore, there is a necessity for the improvements described above for the following reasons: (1) The land sought to be added to the District is not supplied with adequate water and sanitary sewer facilities and services, or with adequate drainage facilities nor is it presently economically feasible for such facilities to be added to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District, and of territories adjacent thereto require the installation and acquisition of adequate water, sanitary sewer, and drainage facilities for and within the land sought to be added to the District. (2) The present and future inhabitants of the District, the land sought to be added to the District, and of territories adjacent thereto require recreational. facilities, as same are necessary and desirable for the health and well-being of such inhabitants. 'Be land sought to be added to the District does not currently include adequate recreational facilities. -2- 706875 Page 80 of 525 Resolution No. Page 9 of 16 (3) The present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent [hereto require adequate road facilities, as same are necessary and desirable for the health and welfare of such inhabitants, and for the orderly growth of residential and commercial development within the area and territories adjacent thereto. Road Powers are ofnecessity to the land within the District and the land sought to be added to the District as such powers will allow the District to construct, acquire, improve, and provide financing for road facilities that may not otherwise be constructed in a manner that will proactively address safety, capacity, durability, economic feasibility, and regional mobility issues. (4) The present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require such additional facilities as may be authorized by the Act and as may be necessary to promote, develop, encourage and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety and the public welfare in the area within the District, A public necessity exists for the addition of said lands to the District to promote, develop, encourage, and maintain employment, commerce, economic development, and the public welfare in the area within the District and to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community, by and through the purchase, construction, extension, improvement, maintenance and operation of a water supply and sanitary sewer system, drainage facilities, recreational facilities (if allowed by applicable law) and road facilities, and such other facilities, systems, plants and dnterprises as shall be consonant with the purposes for which the District was created and permitted under state law. VL The Petitioner agrees and hereby covenants that if to requested consent to the annexation of the land to the District is given, the Petitioner will adopt and abide by the conditions set forth in the City of College Station Resolution No. 07-09-15-02 adopted on or about July 9, 2015, as amended. VIL It is now estimated by the Petitioner from such information as is available at this time, that the amount of bands necessary to be issued to finance development costs contemplated within the area proposed to be annexed will be approximately $2,875,000. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of College Station give its consent to the annexation of the aforesaid land into said District. [Si turns cammence on following page.) -3- FLr:S�i<j Page 81 of 525 Resolution No. Page 10 of 16 Dated this the day of Junc, 2024. Landoumer BV SOUTHERN POINTY; DEVELOPMENT, INC., a Texas corporation By: Ilrl. Wallace S. Philips, III, Press ent THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on this l day of June, 2024, by Wallace S. Phillips, II1, President of BV Southern Pointe Development Inc., a Texas corporation, on behalf of such corporation_ .3��'''_ PAGLABLAKE� s �w Aly Notary ID # 2565126 (SEAL) 705875 Notary Public in and for the State of Texas -4- Page 82 of 525 Resolution No. Page 11 of 16 Diswiet ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 By: � - Name: Uri Geva Titic: President, Board of Directors COUNTY Or BRAIDS This instrument was acknowledged before me on this Je*-day of xJ n c-r-, 2024 by Uri Gcva, President of the Board of Directors of ROCK PRAIRIE MANAGUMENT DISTRICT NO.2, on behalfof said district. S4\►\11171544����ti� Jt,un � xin�e t �NUiARI� on"'cn 10 M9�94-0 Ey CanExQ+res �7 deMyCember a2, �026 11\i1_ 1� 706875 atary P blic in and for the exas _5_ Page 83 of 525 Resolution No. Page 12 of 16 The undersigned, being the holder of I lens against the property described in the foregoing Petition for Consent to Include Additional Land in Rock Prairie Management District No. 2 hereby acknowledges and consents to said Petition, 1'I [I] LIPS 3 LAND HOLDINGS LLC, a Texas limited liability company By: GREENS PRAIRIE• INVESTORS, LTD., a Texas limited partnership, its Managing Member By: GREENS PRAIRIE ASSOCIATES LLC, a Texas limited iiability company, its General Partner Attest: Vicki H111crt, Vice President Wallace S. Phillips, I, Kfarnager Py: CASCADE POINTE. LP, a Texas limited partnership, its Managing Member By: CASCADE POINTE GP, LLC. a Texas limited liability company, its General Partner Attes By: By: Dawn Phillips, Mtmhtr L Wallace S. Pltiillips, it cmk�cr Attest: By:A By• Wallace S. Phillips, I _ )3 ember Dawn Phillips, Member -6- 706875 Page 84 of 525 Resolution No. Page 13 of 16 THE STATE OF TEXAS COUNTY OF BRAZOS § This instrument was acknowledged before me on (his -3/0day at 2024. by Wallace S. Phillips, 111, Manager of Greens Prairie Associates LLC, a Te s limited liability company and General Partnerot'GreensPrairieInvestors, Lid, aTexasilmlted 'rtn,,ihip and Managing Member of Phillips 3 Land Holdings LLC, on behalf of said entities. PAULA lei(& ' 1,Ly NaWry ID # 2865126 r Expirast1aY26,Y02s_ Notary ublic in and for the State of TEXAS THE STATE OF TEXAS COUNTY OFBRAZOS § This instrument was acknowledged before me on this day of 2024, by Wallace S. Phillips, tit and Dawn Phillips, MembersofCascade Pointe GP, L a Texas limited liability company and General Partner of Cascade Pointe, L.P, a Texas limited nership and Managing Member of Phillips 3 Land Holdings LLCbl, fof said entities. PAULAKAYE ' My %otary 1D # 2855126 Ex rasMay26,2{12a Notary Pd far �' the State of T E X A S (SEAL) 706675 Page 85 of 525 Resolution No. Page 14 of 16 Exhibit (KE�R FIELD NOTES DE5L1LIPTION `SURVEYING oFA 19.44 ACRE TRACT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT COLLEGE STATION- BRAZOS COUNTY. TEXAS A FIELD NOTES DESCRIPTION OF 19.44 ACRES IN THE THOMAS EARUTHERS LEAGUE SURVEY., ABSTRACT 9, IN BRAZOS COUNTY, TEXAS, BEING THE REMAINDER OF CALLED 19.e ACRE TRAJOF LAND C4NUEYEDTO EUGENE BERNARD SAVAGE III IN VOLUME1O745, PAGE 153OF THE OFFICIAL PUBLIC RECORDS OF BRA205 COUNTY, TEXAS (DPRBCT); SAID 19.44 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND 90UND5 A5 FOLLOWS: BEGINNING at a 112 inch iron rod wilh a blue plastic cap stamped''KERR SURVEYING" set on the South right-of-way line of Rock Prairie Road (variable width right-of-way, 11427f247OPRBC1; portions appear to be prescriptive in nature) and being the northeast corner of a called 33.342 acre tram conveyed to College Station Down Iown Residential, LLC in Volume i65SR. Page 80 (OPRBCT), and further being the northwest corner of the herein described tract, from which a 112 inch iron rod with a plastic capstamped'MAYO RPLS 5045" found hear$ N 77° 01' 02" W a distance of 39B.73 feet; THENCE, with the south line of Rock Prairie Road, 5771 91' D2' E, for a distance of 397.1E feet to a 112 inch iron rod found heing the northwest corner of a called 66.32 acre tract conveyed to the (itg of College Station in Volume 44AU, Page 135 {OPRDCT), and further being the northeast corner of the herein described tract, from which the Citg of Cullege Station monument C594-148 bears N 39° 57' 35" E, a distance of 1.625.97 feet; THENCE, with the northwest boundary of said 55-32 acre tract and generally along a fence for the following six (6) courses and distances: t• 1) 5 36° 34'45" W, a distance of 465.53 feet to a cross tie found; 2) 5 37° 11' 44" W. a distance of 711.78 feet to across tie found; 3) 5 37' 50' 59' W, a distance of 323.52 feet to a 5 inch treated fence post found; 4) 5 34° 52' 46' W. a distance of 259-94 feet to an angle poinf in fence; 5) 5 38' 43' 06" W, a distance of 314.73 feet to across tie found; 6) 5 38° 34' 25" W. a distance of 539,01 feet to a IN inch iron rod found for the west corner of said 66.3� acre Tract and further being the north corner of a called 100.64 acre tract conveyed to the City of College Station in Volume 6927, Page 226 (0PROCT) and also heing the east corner of a called 111.679 acre tract Cmnveyed to College Station Oowntuwn Residential, LLC in Volume 14405, Page 186 (OPRBCTJ and being the south corner of the herein de5Cribed tract; 11Paye 21-1O79.docx Page 86 of 525 Resolution No. Page 15 of 16 THENCE, with the northeast Rine of said 111.679 acre trail, N 46135' 09' W. for a distance of 437.42 feet I a 112 inch iron rod found being the south corner of a called 23.342 acre tract conveyed to College 5talion Downtown Residential, LLC in Volume 16558, Page 8D (OP RSC) and further heing the west corner of the herein described Irach, THENCE, with the southeast boundaries of said 33342 acre tract and generally along a fence for the following two (21 courses. arid ktance5- 1) N 43' 29' 39" E, a distance of 1,922.15 feet to a 4 inch treated fence post found; 2) N 23' 07' 46' E, a distance of 524.07 feet to the POINT OF BEGINNING hereof and containing 19.44 acres, more or aes5. Surveyed on the ground Eebmarg 2U22 under mg supervision. See plat revised March 2022 for other information. The bearing basis for this survey is based on the Texas State Plane Caordinale System of 1983 (NA083), Central Zone, Grid North a5 established from GPS observation using the Leica Smartnef NA083 (NA2U) Epoch 2010 Multi -year COR55olution 2 (MYC52). Oislancesdescribedherein are surface distances- To❑btain grid distances (not grid areas) divide hga combined scale factor of 1.0001017051)DD011 (calculated using GWID12B). Reference drawing. 21-1079. 4ATnO PAUL KERN 3l24122 ......... ..11 ..I Nathan Prprcteswral err Registere Land Survgor No. 5834 Hewsed 03-24-�2 KERR SURVEYING Kerr Surveying, LLC 1 409 N- Texas Ave. Bryan, TX 77B03 Office; (979) 268-3195 l Web: www.kgrlandsurveuina.com 5urveuslakerrsurveuinn-net l T8PEL5 Firm No-1001BSOO 21-1079.40tx 2 1 P a 9 e Page 87 of 525 Resolution No. Page 16 of 16 51AYETOR'Sf1PFIFILAFE FLOOD FLAIMwr[5 I. MATI.NM Fig, 1LIN. 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PAM 153 OPRIF [ALIU 1IP09Aumb FUDFO GFS PAIN TI[ rABMASC RUNER3lEA6FE SIIFVEY•Ae5TRAE1'S IK40`+'Mt WELEGG SIATI4F, IIA 0S CHWTY• 11 Ai S[Na I Ni P• 30HLL1 'VI 121pp ?W Grp fl[Y rE1rA$ r, kftNk»MhII rAh-Lk�11 N lWN EALLIILEGF 64AEY{ [A1Lw 171161 llriE5 r 1�nLLnaPIY�I u ■ JFa P^RrrFlwmlPs LE9T7.�W)PRBT[ I PKPMXv IDIN ywlEnxlNL TPasnr"Wm 1n.n xv l.r`a,.rr. +nrN TRLF-q-A. F—TPL5T7PI ru �rFm 1rAN•Y14 mw HFN mom L—Twin L-1—T ENIrR57u\tlINF,TrwLOTIYN.F�NrANru Page 88 of 525 August 22, 2024 Item No. 6.7. Contract for 2024 TAMU Football Post Game Day Traffic Control Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding a general services contract with Buyers Barricades Houston, LLC in a not to exceed amount of $128,800 for the 2024 TAMU Football Post Game Day Traffic Control. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends awarding the contract to Buyers Barricades Houston, LLC. Summary: Following each Texas A&M University (TAMU) home football game, Public Works, working with other city departments, manages the deployment of traffic control devices to increase the capacity of roadways, allowing game day traffic to exit efficiently. The Traffic Engineering Division works with the Texas Transportation Institute and TAMU Transportation Services to develop a traffic control plan both on campus and off campus to move traffic away from Kyle Field following each game. This includes closing some roadway access points as well as the addition of contra -flow lanes along FM 2154 (Wellborn Road). This operation requires the deployment of traffic control devices during the game and collection of devices after traffic clears. The city provides all traffic control devices but utilizes contractors for the deployment, using Buyers Barricades Houston, LLC for the past several years. TAMU is responsible for all traffic control on campus, while the city is responsible for traffic control off campus. A new Interlocal Agreement with TAMU, which replaces the previous agreement approved in September of 2021, specifies that both entities will split the cost of the traffic control deployment evenly, with no maximum on either party. The city invoices TAMU after the final home football game each season. Since the total amount of this year's contract is $128,800, both TAMU and the City's portion will be $64,400, assuming the full amount is utilized. The interlocal agreement has a five (5) year term, expiring in 2028. This general services contract was procured through the BuyBoard Purchasing Cooperative. Budget & Financial Summary: The budget for the deployment of traffic control has been included in both the FY24 and FY25 Street Maintenance budgets. Attachments: 24300610 Buyers Barricades Houston, LLC Page 89 of 525 V/" CONTRACT & AGREEMENT ROUTING FORM Carr OF COUIXC,L STATION CONTRACT#: 24300610 PROJECT #: N/A BID/RFP/RFQ#: N/A Project Name / Contract Description: Texas A&M Football Gameday Traffic Control Deployment and Pick-up (7 Games) Name of Contractor: Buyers Barricades Houston LLC CONTRACT TOTAL VALUE: $ 128,800.00 Grant Funded Yes ❑ No ❑■ Debarment Check ❑ Yes ❑ No 0 N/A Section 3 Plan Incl. ❑ Yes ❑ No 0 N/A NEW CONTRACT ❑ RENEWAL # If yes, what is the grant number:) Davis Bacon Wages Used ❑ Yes ❑ NoN N/A Buy America Required ❑ Yes ❑ No 0 N/A Transparency Report ❑ Yes ❑ No 0 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) The funding for this project will be taken from the streets Division account number: 10010740-5315. The cost estimate is $128,800.00 (If required) * CRC Approval Date*: N/A Council Approval Date*: 8/8/24 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL 8/1/2024 DEPAR MENT DIRECTOR/ADMINISTERING CONTRACT DATE ��,,( 8/2/2024 ASST" \CITY MGR — CFO DATE LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE 'HE MAYOR (if applicable) DATE N/A CITY SECRETARY (if applicable) DATE 9.12.23 UPDATED Page 90 of 525 CITY OF COLLEGE STATION GENERAL SERVICE CONTRACT This General Service Contract is by and between the City of College Station, a Texas Home -Rule Municipal Corporation (the "City") and Buyers Barricades Houston, LLC (the "Contractor"), for the following work: TAMU Post Game day Traffic Control for the 2024 Football Season (7 Games) as described in the Scope of Services attached as Exhibit "A". ARTICLE I PAYMENT AND TERM 1.01 Consideration. In consideration for the services performed in the Scope of Services and Contractor's Completion of work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed ONE HUNDRED TWENTY-EIGHT THOUSAND EIGHT HUNDRED and 00 /100 Dollars ($ 128,800.00 ). 1.02 Payment Application. Within seven (7) calendar days of completion of the services the Contractor will submit its payment application to the City. 1.03 City's Payment and Approval. The City will pay Contractor as shown in Exhibit "B" Payment Schedule, for the services performed no later than thirty (30) calendar days from the date of the City's receipt of the payment application and the City's approval of the services. 1.04 Time is of the Essence. The Contractor must complete all the services described in the Scope of Services by the following dates: December 1, 2024 OR 1.04 Term. The initial term of the Contract is for one (1) year with the option to renew for two (2) additional one (1) year terms for a total of three (3) years. Any renewal must be in writing and executed by the parties. 1.05 Executed Contract. The "Notice to Proceed" will not be given nor shall any work commence until this Contract is fully executed and all exhibits and other attachments are completely executed and attached to the Contract. ARTICLE II CHANGE ORDERS 2.01 Changes will not be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid, except upon the prior written order from authorized personnel of the City. The Contractor will not execute change orders on behalf of the City Contract No. 24300610 General Service Contract Form 08-10-2021 Page11 Page 91 of 525 or otherwise alter the financial scope of the services except in the event of a duly authorized change order approved by the City as provided in this Contract. (a) City Manager Approval. When the original Contract amount plus all change orders is $100,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council of the City must approve such change order prior to commencement of the services or work; and (b) City Council Approval. When the original contract amount plus all change orders is greater than $100,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000. For such contracts, when a change order exceeds $50,000, the City Council of the City must approve such change order prior to commencement of the services or work. The sum of all change orders may not exceed 25% of the original contract amount. (c) Increase in Scope. Any request by the Contractor for an increase in the Scope of Services and an increase in the amount listed in Article I of this Contract shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shall be waived. (d) Dispute. If there is a dispute between the Contractor and the City respecting any service provided or to be provided hereunder by the Contractor, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Contractor agrees to continue providing on a timely basis all services to be provided by the Contractor hereunder, including any service as to which there is a dispute. ARTICLE III INDEPENDENT CONTRACTOR AND SUBCONTRACTORS 3.01 Independent Contractor. It is understood and agreed by the parties that the Contractor is an independent contractor retained for the services described in the Scope of Services. The Contractor shall be solely responsible for and have control over the means, methods, techniques and procedures, and for coordination of all portions of the work or services. Unless otherwise provided in the Contract, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the work or services. In addition, at the appropriate times, the Contractor shall arrange and bear cost of tests, inspections, and approvals of portions of the work or services required by the Contract or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. The City will not control the manner or the means of the Contractor's performance, but shall be entitled to a work product as in the Scope of Services. The City will not be responsible for reporting or paying employment taxes or other similar levies that Contract No. 24300610 General Service Contract Form 08-10-2021 Page12 Page 92 of 525 may be required by the United States Internal Revenue Service or other State or Federal agencies. This Contract does not create a joint venture. 3.02 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contact with Contractor for performance of work or services on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work or services on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. ARTICLE IV INSURANCE 4.01 The Contractor shall procure and maintain, at its sole cost and expense for the duration of this Contract, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its officers, agents, volunteers, and employees. 4.02 The Contractor's insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in Exhibit "C". During the term of this Agreement Contractor's insurance policies shall meet the minimum requirements of this section. 4.03 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation/Employer's Liability. 4.04 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance -approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. (c) Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per -occurrence basis only. Contract No. 24300610 General Service Contract Form 08-10-2021 Page13 Page 93 of 525 (d) The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. (e) The City will not accept "claims made" policies. (f) Coverage shall not be suspended, canceled, non -renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. 4.05 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated "A:VIII" or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self-insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 4.06 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated "A:VIII" or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self-insurance or any insurance the City may have or obtain. (c) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e) The coverage shall include any autos, owned autos, leased or rented autos, non -owned autos, and hired autos. 4.07 Workers' Compensation/Employer's Liability Insurance. The following Workers' Compensation Insurance shall include the following terms: Contract No. 24300610 General Service Contract Form 08-10-2021 Page 14 Page 94 of 525 (a) Employer's Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; (b) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY". ARTICLE V INDEMNIFICATION AND RELEASE 5.01 Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Contractor under this Contract. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 5.02 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its Council members, officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VI GENERAL TERMS 6.01 Performance. Contractor, its employees, associates, or subcontractors shall perform all the work or services described in the Scope of Services in a good, workmanlike, and professional manner and in accordance with this Contract, and all applicable laws, codes, and regulations. Contractor shall be fully qualified and competent to perform the work or services. Contractor shall undertake and complete the work or services in a timely manner. Contract No. 24300610 General Service Contract Form 08-10-2021 Page15 Page 95 of 525 6.02 Termination. The City may terminate the Project and this Contract, at any time, for convenience. In the event of such termination the City will notify the Contractor in writing and the Contractor shall cease work immediately. Contractor shall be compensated for the work or services performed. Should the City terminate this Contract for convenience, the City shall pay Contractor for the work or services performed and expenses incurred before the date of termination. 6.03 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 6.04 Amendment. This Contract may only be amended by written instrument approved and executed by the parties. 6.05 Taxes. The City is exempt from payment of state and local sales and use taxes on labor and materials incorporated into the project. If necessary, it is the Contractor's responsibility to obtain a sales tax permit, resale certificate, and exemption certificate that shall enable the Contractor to buy any materials to be incorporated into the project and then resell the aforementioned materials to the City without paying the tax on the materials at the time of purchase. 6.06 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 6.07 Waiver of Terms. No waiver or deferral by either parry of any term or condition of this Contract shall be deemed or construed to be a waiver or deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. 6.08 Assignment. This Contract and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 6.09 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 6.10 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. Contract No. 24300610 General Service Contract Form 08-10-2021 Page16 Page 96 of 525 6.11 Entire Agreement. This Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 6.12 Agree to Terms. The parties state that they have read the terms and conditions of this Contract and agree to the terms and conditions contained in this Contract. 6.13 Effective Date. This Contract goes into effect when duly approved by all the parties hereto. 6.14 Notice. Any official notice under this Contract will be sent to the following addresses: CITY OF COLLEGE STATION Attn: Ronnie Loper PO BOX 9960 1101 Texas Ave College Station, TX 77842 doper (a,cstx.gov BUYERS BARRICADES HOUSTON, LLC Attn: Michael Cooper P.O. Box 733731 Dallas, TX 75373 michael@buyersbarricades.com 6.15 Severability. In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and in lieu of each provision that is invalid, illegal or unenforceable, there shall be added a new provision to this Contract as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and yet be valid, legal and enforceable, by means of good faith negotiation by the Parties to this Contract or by reform by a court of competent jurisdiction. 6.16 Duplicate Originals. The parties may execute this Contract in duplicate originals, each of equal dignity. 6.17 Exhibits. All exhibits to this Contract are incorporated and made part of this Agreement for all purposes. 6.18 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) Boycott Israel. If this Contract is for goods and services subject to § 2270.002 Texas Government Code, Contractor verifies that it i) does not Contract No. 24300610 General Service Contract Form 08-10-2021 Page 17 Page 97 of 525 boycott Israel; and ii) will not boycott Israel during the term of this Contract; (b) Bovcott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, 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) Bovcott Enerav Companies. Subject to § 2274.002 Texas Government Code Contractor herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Contract. Contract No. 24300610 General Service Contract Form 08-10-2021 Page l8 Page 98 of 525 List of Exhibits A. Scope of Services B. Payment Schedule C. Certificates of Insurance BUYERS BARRICADES HOUSTON, LLC CITY OF COLLEGE STATION By: DtiLll,6d f'66r ' By: City Manager Printed Name: Michael cooper Date: Title: Pro3ect Manager APPROVED: Date: 8/1/2024 City Attorney Date: Assistant City Manager/CFO Date: 8/2/2024 Contract No. 24300610 General Service Contract Form 08-10-2021 Page 19 Page 99 of 525 EXHIBIT A SCOPE OF SERVICES The terms and conditions of this Contract shall take precedence and control over any term or provision of the Scope of Services that in any way conflicts with, differs from, or attempts to alter the terms of this Contract. This contract is for deploying and removing traffic devices at the locations specified in the Traffic Control Plan as well as returning the devices to the Public Works Operations Center. Signs, barricades and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicable. See attached Texas A&M Football Post Game Traffic Control Plan as part of Exhibit A. Reference BuyBoard Contract# 608-20. Contract No. 24300610 General Service Contract Form 08-10-2021 Page 100 of 525 Texas A&M Football Post Game In partnership between: (*,, orq" CITY ON COLLEGE STATION Hume of Texas -A&M University' Traffic Control Plan KYLE FIELD GAME DAY - JULY 15, 2024 INDEX OF SHEETS 1. Title Sheet 2A. General Notes & Deployment Plan 2B. Deployment Plan (Cont.) & Removal Plan 3. Specifications 4A. Wellborn Rd at University Dr 4B. Wellborn Rd at University Dr 5. Wellborn Rd at George Bush Dr 6. Wellborn Rd at Fidelity St 7. Wellborn Rd at Luther St 8. Wellborn Rd at Holleman Dr 9. Wellborn Rd at Southwest Pkwy 10. Wellborn Rd at FM 2818 North Intersection 11. Wellborn Rd at FM 2818 South of Intersection 12. George Bush Dr at Olsen Blvd 13. George Bush Dr at Penberthy Dr 14. Luther St at Penberthy Dr 15. George Bush Dr at Barbara Bush Dr 16. Wellborn Rd at George Bush Dr Modification 17. Wellborn Rd at Southwest Parkway Modification 18. FM60&FM2818 19. FM 2818-STA 261+50 to 273+50 20. FM 2818-STA 273+50 to 283+50 21. FM 2818-STA 283+50 to 295+00 22. George Bush Dr & FM 2818 23. FM 2818-STA 307+00 to 319+00 24. Luther St & FM 2818 25. FM 2818-STA 341+00 to 352+00 26. Holleman Dr & FM 2818 27. Jones Buttler Rd & FM 2818 28. FM 2818 & Waxwing Lane @ HEB 29. Message Boards & Itinerary 30.- 45. TXDOT Standard Details SHEET 1 f ✓g-- 1 ✓1 of 525 GENERAL NOTES: DEPLOYMENT PLAN: 1. Necessary Operational Procedures: a. Premark locations of traffic control devices with water based paint and maintain as needed. It is anticipated that most markings will not need to be remarked. b. Traffic control devices included in this contract shall be picked up at the Public Works Operations Center on King Cole Drive before each TAMU football game. Pick-up times shall be coordinated with the Streets Manager or their designee. c. Traffic control devices shall be deployed in accordance with the provided Deployment Plan. Any modifications to the plan must be discussed in advance and approved by the City. d. Traffic control devices included in the plans may be staged, but not deployed until the start of the second quarter of the football game. This means that devices shall not be placed in the roadway and signs shall not be visible to traffic until the aforementioned times. (One exception is noted at Texas/Deacon). e. Set-up cones, panels, and barricades in accordance with Traffic Control Plan. f. Set-up temporary signs called out in the Traffic Control Plan. g. Traffic control devices to be placed in a signalized intersection are to be placed per the plans once the traffic signal is in a flashing operation or a City of College Station representative provides direction to do so. The intersections of George Bush/Wellborn Road, George Bush/Olsen Blvd and FM 2818/Holleman Drive shall not have traffic control devices placed in the intersection until a College Station Police Officer arrives and provides the direction to do so. h. All temporary traffic control devices shall remain in place and maintained by the contractor until notified by a College Station representative, typically the College Station Police Officer in charge of the post football game traffic operations. It is anticipated that removal of the devices will begin 2 hours after the football game ends; however, this is an estimate for informational purposes only and does not restrict or limit the City of College Station representative's decision regarding the duration of the post football game traffic operations. i. All temporary traffic control devices will be removed when instructed in an orderly manner in accordance with the provided Removal Plan. Any modifications to the plan must be discussed in advance and approved by the City. j. All traffic control devices included in this contract shall be picked up and returned to the Public Works Operations Center on King Cole Drive after each TAMU football game. Drop-off times shall be coordinated with the Streets Manager or their designee. 2. All traffic control signs and devices shall be placed and installed in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and TxDOT Traffic Engineering Standard Sheets for Barricade and Construction Standards. Sign Designs sheet shows the design formation for the Dual Right Turn sign, Left and Right Only sign, Bus Only Lane sign, Right Turn Only sign and U Turn sign. 3. Any variations to the traffic control plan shall be approved by the City Traffic Engineer or their designee. 4. Contractor shall provide at least limited access to all businesses and residences along roadway at all times. 5. Unless specified elsewhere in the plans, all signs shall be the standard size for conventional roads, per the TMUTCD. 6. All Portable Changeable Message Signs (PCMS) will be deployed, activated, deactivated, and returned to the Public Works Operations Center by Public Works employees. These plans do not include the need of the contractor's forces to assist or be responsible for the PCMS. 7. Contractor will be required to provide radios to communicate with personnel as well as with the City. 8. Contractor shall follow the provided plan unless directed otherwise by the Incident Commander, Streets Manager, or City Traffic Engineer. 9. Contractor shall stage vehicles in locations specified in the plans or as directed by the City during the pre -deployment meeting. West Luther @ FM 2818 (half time) • Close left turn lane NB FM 2818 • Close SB u-turn lane FM 2818. West Luther @ Penberthy • Close NB Penberthy at West Luther at the start of the 3rd quarter Penberthy @ Lot 63 driveway • Close NB Penberthy at at the start of 3rd quarter FM 2818 @ Stotzer Parkway (half time) • Close northbound exit ramp to Stotzer • Close ramp from WB Stotzer to SB FM 2818 (if needed - this is a game to game decision) FM 2818 @ Holleman South All traffic control devices will be placed at the beginning of the 4th quarter with officers onsite Wellborn Rd. @ University (half time) • Close exit ramp from eastbound University. • Close exit ramp from northbound Wellborn to eastbound University • Close left turn lane from southbound Wellborn to eastbound University Wellborn Road Start placing traffic control devices on Wellborn Rd. at FM 2818 going north at the beginning of the 2cd quarter. All devices are to be deployed and ready for operation when traffic control at George Bush/Wellborn Road is activated and officers are ready to move traffic. Holleman @ Wellborn Stage all traffic control devices and wait until the Wellborn Contraflow is fully deployed. George Bush Drive The details below are designed to allow transit operations to continue during all portions of the deployment operation; the order and timing of intersection closing is important. '�/////J�.fl��'Y4q` .OLLLCL S"1'A'P11. (*- �� "^a' ef7ezmA�"M I/smrzuy' KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN GENERAL NOTES DEPLOYMENT PLAN SHEET NO. 2A f :- , 1 92 of 525 DEPLOYMENT PLAN (Cont.) Crew #1 Median Openings of George Bush between Olsen Blvd and Barbara Bush Drive • Median openings at Barbara Bush and the Pearce Pavilion can be closed at half time. • Median opening at Reed House can be closed just before Penberthy closure George Bush @ FM 2818 Stage all traffic control devices and wait until 4th quarter to close off intersection. Stage all traffic control devices at Penberthy, Olsen and Marion Pugh intersections and wait until the aforementioned time. City of College Station Public Works, in coordination with Texas A&M Transportation will make decision to deploy remaining George Bush traffic control and George Bush/Wellborn intersection. When decision is made: 1. Close George Bush @ FM 2818 2. Close George Bush median opening at Reed House 3. Close Olsen Blvd - set up dual right turn from southbound Olsen to westbound George Bush; allow any westbound George Bush traffic to proceed west. Officers must be at the Olsen and Marion Pugh intersections before being closed. 4. Set up Marion Pugh intersection and two-way flow to Callaway House a. Texas A&M Transit will continue normal operations until beginning of Step S; buses will wait in westbound George Bush curb lane 5. George Bush @ Penberthy • Close Penberthy median opening. 6. Begin George Bush contraflow operations - VIP traffic (only) allowed across railroad tracks on westbound George Bush and moves to eastbound Bush Drive roadway at Olsen Blvd intersection. George Bush @ Wellborn Rd. Stage all traffic control devices and wait until 4th quarter. Officers must be at the intersection before closing. City of College Station Public Works, in coordination with Texas A&M Transportation will make decision to deploy George Bush/Wellborn intersection traffic control. As noted by the arrow on the plan sheet, there will be eastbound and westbound bus only lanes along George Bush Drive. The eastbound bus only lane will cross between the cones used to delineate the southbound Wellborn Road travel lanes through the intersection. The two cones on either side of the eastbound bus only lane need to be spaced 10 ft apart. The remainder of the cones are to be spaced per the plan sheet. Center of George Bush median to be closed at halftime, close everything along the center of George Bush Dr. Penberthy intersection will be the exception, and left open. REMOVAL PLAN While it is not required, it is anticipated that 3 to 4 crews will be needed to quickly pick up the traffic control devices. Below is the plan for picking up the traffic control devices. Alternatives for more efficient methods of picking up the traffic control devices must be submitted to the City for approval. However, the pick-up of the traffic control devices does not start until the City of College Station representative provides the instruction to do so. A contractor representative should be with the College Station representative, or at least be available by radio to receive the go ahead to begin the pickup process. A crew should start picking up the traffic control devices at the Wellborn Road and University Drive intersection, then travel to the Stotzer Blvd/FM 2818 interchange to pick up grabber cones at the westbound to southbound FM 2818 . Then, work down to the northbound FM 2818 exit ramp to FM 60 and pick up the devices. After this area has been picked up, the crew can pick up the traffic control devices at the FM 2818/Luther intersection followed by the Luther/Penberthy intersection. The crew should continue north on Penberthy picking up the traffic control devices along the way. If needed, this crew can assist Crew #3 in picking up the devices along George Bush, but only after Crew #3 arrives at the George Bush/Penberthy intersection. Crew #2&3 Two crews should be ready to start picking up the traffic control devices at the Wellborn Road and George Bush intersection because you will need to be able to clear the intersection within 7 minutes after receiving the go ahead from the College Station representative at the intersection. The crew will remove the traffic control devices on the north intersection leg. Then College Station Police Officers will shut down the intersection by stopping all traffic approaching the intersection. The crews will have 2 minutes to pick up the devices between the two southbound travel lanes through the intersection and on the south leg. After this, the southbound traffic will be released to proceed through the intersection toward FM 2818. During the time between minutes 2 and 7, Crew #2 will finish picking up the traffic control devices in the intersection. Crew #2 will then move to the east side of the intersection while officers allow Bush traffic to turn from westbound to southbound for a few minutes. Crew #2 will then pick up devices on east side of intersection while officers hold George Bush traffic. Crew #3 begins picking up the traffic control devices on the west leg of George Bush between Wellborn Road and Olsen Drive (Crew 3 needs to be positioned on George Bush, west of Wellborn Road and out of the intersection before the 2 minutes have expired). Note, the barricades at the track for westbound traffic shall stay in place until all of the traffic control devices between Wellborn Road and Olsen Drive have been picked up - a member of Crew #3 can circle back to pick up these devices before rejoining the crew to pick up the remaining traffic control devices on George Bush Drive. Crew #2 Will continue picking up the devices on Wellborn Road toward FM 2818. Once this crew is south of the Bush/Wellborn intersection (at the end of 7 minutes), the traffic on George Bush will be released and allowed to turn onto southbound Wellborn Road toward FM 2818 and signals will return to normal operation. Crew #3 Will then drive west in the eastbound lanes (counter flow) and remove traffic control at Penberthy/George Bush intersection. Crew #3 will continue westbound in the eastbound lanes and remove traffic control at Reed House and Barbara Bush median opening. Crew #3 will continue west in the eastbound George Bush lanes (still traveling counter to the George Bush/FM 2818 intersection and remove devices. Crew #3 will return eastbound in the (now open) eastbound lanes to pick up traffic control at the Pearce Pavilion median. Crew #4 This crew should start on the east side of the Wellborn Road and Holleman intersection picking up the traffic control devices and move to the west side. They will then travel to the FM 2818/Holleman Drive intersection to pick up the traffic control devices there. .OLLLCL S"1'A'P11. (*01"', "^a' ef7ezmA�"M I/smrzuy' KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN DEPLOYMENT PLAN (Cont.) REMOVAL PLAN SHEET NO. 213 F\:y:, 193 of 525 ITEM 502 BARRICADES, SIGNS, TRAFFIC HANDLING AND MOBILIZATION 502.1. Description. Provide, install, move, replace, maintain, clean, and remove upon completion of the post special event traffic control effort as established by a City of College Station representative all barricades, signs, cones, lights, and other traffic control devices used for traffic handling as indicated on the plans and as directed. Mobilization costs (i.e.,the movement of personnel,equipment,and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items) and attendance to a debriefing meeting during the week following each TAMU football game will be considered subsidiary to this item. 502.2. Construction. Provide traffic control devices that conform to details shown on the plans, the TMUTCD, and the Compliant Work Zone Traffic Control Device List (CWZTCDL) maintained by the Texas Department of Transportation Traffic Operations Division. A. Implementation. Before beginning work,designate in writing a Contractor's Responsible Person (CRP) to be the representative of the Contractor who is responsible for taking or directing corrective measures of installation and maintenance deficiencies as soon as possible. The CRP must be accessible by phone, on site during the special event, and able to respond to emergencies 24 hours per day during the event. Follow the traffic control plan (TCP) and install traffic control devices as shown on the plans and as directed. Install traffic control devices straight and plumb.Do not make changes to the location of any device or implement any other changes to the TCP without the approval of the City of College Station representative. Minor adjustments to meet field constructability and visibility are allowed. Submit Contractor -proposed TCP changes, signed and sea led by a licensed professional engineer, to the Engineer for approval. The Engineer may develop,sign, and seal Contractor -proposed changes. Changes must conform to guidelines established in the TMUTCD using approved products from the CWZTCDL. Maintain traffic control devices by taking corrective action as soon as possible. Corrective action includes but is not limited to clean ing,replacing,straightening,covering,or removing devices. Maintain the devices such that they are properly positioned, spaced, and legible,and that retroreflective characteristics meet requirements during darkness and rain. B. Flaggers. Provide a Contractor representative who has been certified as a flagging instructor through courses offered by the Texas Engineering Extension Service, the American Traffic Safety Services Association, the National Safety Council,or other approved organizations, if flagging operations are necessary or required. Provide the certificate indicating course completion when requested. This representative is responsible for training and assuring that all flaggers are qualified to perform flagging duties. A qualified flagger must be independently certified by one of the organizations listed above or trained by the Contractor's certified flagging instructor. Provide the Engineer with a current list of qualified flaggers before beginning flagging activities. Use only flaggers on the qualified list. Flaggers must be courteous and able to effectively communicate with the public. When directing traffic, flaggers must use standard attire, flags,signs, and signals and follow the flagging procedures set forth in the TMUTCD. C. Removal. Upon completion of the post special event traffic control effort as established by a City of College Station representative, remove all barricades, signs, cones, lights, and other traffic control devices used for work -zone traffic handling,unless otherwise shown on the plans. 502.1. Measurement. This Item will be measured by the lump sum for each special event. 502.2. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Barricades,Signs,and Traffic Handling" for the date of the specified special event. This price is full compensation for installation, maintenance, adjustments, replacements, removal, materials, equipment, labor, tools, incidentals, and mobilization needed for the individually specified special event. KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN SPECIFICATIONS SHEET NO. 3 f \ --3 191- Of 525 f � } N 00 W E A l# . � f �t iU.4% S 1 y A 4 i I CITY OF COLLEGE STATION Home of Texas A6M University' Game Day Traffic Control Wellborn Road `N, and University Drive Legend/Supply Totals 0 50 x Cones 2 x No Right Turn Sign wl Temporary Support 1 x No Left Turn Sign 4; Sheet 4-A 1! RANDELL J. 5(yIRH �B•- 110317 /0 ENS .= �� RANDELL J. Sit E 0.22.2023 NOTE: Signs, barricades, and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicab�%e 105 of 525 CITY OF COIJ'_EGF STATION Home of Texas Ad M University' Game Day Traffic Control r'el Wellborn Road and University Drive Legend/Supply Totals 7 x Cones { I } 2 x No Right Turn Sign w/ Temporary Support a � M Sheet 4-13 �y 1 i Q R • s' o d rop c , �• Q r S e ■ ,� �► /r i .. RMIOELL J. S�IRH 0 % � '• 110317 0. i it dP r RANDELL J. SAS E 8.22.2023 ' NOTE: All signs and cones seen within this t boundary are shown on Sheet 4-A. • NOTE: Signs, barricades, and other traffic s� control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicab4ge 106 of 525 Modification 1: See Sheet 16 PCMS Phase I (PCMS to be installed by City of i College Station forces) PCMS Phase II WELLBORN RD. s":�P�EQFrFxgs'lh :. � , At George Bush *: * �/ ..*............................`.:*.Ii MICHAELG.HOLMES j / / 148750 8 cones @ / N (��SS�ONALEN 20 ft spacing Wellborn Rd / / eon �Je- APPROX. SCALE 7/ 12/24 ° / 50 ft �s 0 / SHEET 5 �0 , BUS LANE / / / 9 panels @ ONLY / / 20 ft spacing �\ �\ 120 Ft Taper / 50 ft gap (7 cones @ / • • 3 cones @ 25 ft Spacing)* for Buses ft spacing + / p g 1(s)�# \0 /�� / / 10 panels @ + P / 5 ft spacing R3-2 LEGEND (PCMS to be installed by City of / / DEVICE QNTY College Station forces) o • Vertical Panels (VPs) or 42in "Grabber" Cone 65 14 panels @ A 42in "Grabber" Cone 20 20 ft spacing MEN& Opposing Traffic Lane Dividers OTLDs 4 ONLY © Portable Changeable Message Signs (PCMS) 2 Buses Only , � � (Controlled by Officer) / / # << R3 s Static sign (on temporary support) 8 O---1 Type I Portable Barricade 4 ♦ 28in Cone 22 CVY6-4 Officer 4 Bus Only Lane Tvoical Spacing between VPs and OTLDs ONLY �x��x� / R3-5 Re -a Note: 3 - 4 Cones Added for 2024 The spacing between cones, tubular markers, vertical panels, drums, and barricades should not Season exceed a distance in feet equal to 1.0 times the speed limit in mph when used for taper Marion Pugh channelization, and a distance in feet equal to 2.0 times the speed limit in mph when used for tangent channelization. Page 107 of 525 R 3-2 U Id G 1 hh` --- ---" ---- c-------�---- -- --- -i--- ----------- �---- ------ ---- -- --- -- —� 1 �__ Y 1 1 itn T 1 1 � 1 1 U 1 a Approx. 10 ft Approx. 10 ft Approx. 10 ft Approx. 10 ft spacing spacing spacing spacing between between between between devices a3•2 devices _ R3-2 devices R3•2 devices R3-2 J PCMS Phase I PCMS Phase If R3-2 0 4p� of rFx+i++ *: .* RMI)ELL J. t� 110317 8.22.2023 WELLBORN RD. At Fidelity 0--e- APPROX. SCALE so ft SHEET Revised 5/13/2016 I (PCMS to be installed by City of College Station forces) Tvoical Soacine between VPs and OTLDs x � J The spacing between cones, tubular markers, vertical panels, drums, and barricades should not exceed a distance in feet equal to 1.0 times the speed limit in mph when used for taper channelization, and a distance in feet equal to 2.0 times the speed limit in mph when used for tangent channelization. LEGEND DEVICE Vertical Panels (vPs) or 42in "Grabber" Cone 42in "Grabber" Cone Opposing Traffic Lane Dividers (OTLDs) PCIVIS Portable Changeable Message Signs (PCMS) i Static sign (on temporary support) Type III Portable Barricade QNTY 63 12 1 8 Page 108 of 525 0- y a R3-2 CW" fi3-a CM-4 RANDELL J. RIOP R 3-2 8.22.2023 WELLBORN RD. At Luther St. (:i�- APPROKSCALE 50 ft SHEET 7 Revised 5/13/2016 i R3-2 _ cws.a ti CWG-a tn v 0 s u � 1 1 1 1 ---------------------------------=-� 1 �\------------------ A _�————————---------- 1 a� U Approx. 10 ft spacing Appr )x. 10 _- between ft spacing Approx. 10 ft devices spacing Approx. - Approx. 10 between between 10 ft spacing ft spacing -&I devices 113-2 R3-2 devices between between R3.2 devices devices R3-2 110M� Clh:v I Price Phase It LEGEND DEVICE QNTY Typical Soacing between VPs and OTLDs - Vertical Panels (VPs) or 42in "Grabber" Cone 75 `4 X- X +fix es- x - ► - ej� 42in "Grabber" Cone Opposing Traffic Lane Dividers (OTLDs) 15 The spacing between cones, tubular markers, vertical panels, drums, and barricades should not Portable Changeable Message Signs (PCMS) 1 exceed a distance in feet equal to 1.0 times the speed limit in mph when used for taper — — — - - channelization, and a distance in feet equal to 2.0 times the speed limit in mph when used for .9- static sign (on temporary support) 13 tangent channelization. I-- I Type III Portable Barricade - (PCMS to be installed by City of College Station forces) Page 109 of 525 1 1 1 1 �' 11 Holleman Dr. 1 y 1 0 1,q. 1 1 1 1 11 1 1 R3-2 r• I E � t � CW6-d \\ I ` ONLY 1 �\ 1 \ � R3-5 s 32o Ft Cones @ 20 ft spacing (8 cones WB, T i 8 cones EB) i `1 ~� R3-2 Continue devices through intersection @ 5 ft spacing 320 Ft RANDELL J. R3-2 NO;- ��TE�lltl *: R% :* ................................. RANDELL J. 511IIH p' 110317 rr --- ---------- 1 .0 Approx. 10 ft " spacing CW6-d between Type III R3-2 devices Barricade (2) g ra O W Oa 0 r-! W ` O CL 01 V � rti O n H R3-2 ' I � R3-2 CW6.4 8.22.2023 WELLBORN RD. At Holleman Dr. V/ APPROX. SCALE 50 ft SHEET 8 Revised 5/13/2016 6) R 3-2 1 -- i �1 1 1 1 / N c Approx. 10 ft s spacing between g devices R 3-2 LEGEND DEVICE QNTY Tynical Spacing between VPs and OTLDs i Vertical Panels {VPs} or 42in "Grabber" Cane 65 "Grabber" a x I 42in Cone 53 � Opposing Traffic Lane Dividers (OTLDs) 13 - Portable Changeable Message Signs (PCMS) - 0 The spacing between cones, tubular markers, vertical panels, drums, and barricades should not exceed a distance in feet equal to 1.0 times the speed limit in mph when used for taper i Static sign (on temporary support) 13 channelization, and a distance in feet equal to 2.0 times the speed limit in mph when used for Type III Portable Barricade 2 tangent channelization. Page 110 of 525 WELLBORN RD, 2 R3-2 CWG4 R 3.2 C W6.4 - - - ---� - - - --. _.- .-.--- -. ---- --- - ---- - -----.------- -- - --- -- --- �,, 150ft 500 ft I (Avl'z nr nn � •� Approx. 10 ft spacing between devices (PCMS to be installed by City of College Station forces) lyoical Spacing between VPs and OTLDs ■ x 14 x W� ■ x �� x Approx. 10 ft spacing between devices The spacing between cones, tubular markers, vertical panels, drums, and barricades should not exceed a distance in feet equal to 1.0 times the speed limit in mph when used for taper channelization, and a distance in feet equal to 2.0 times the speed limit in mph when used for +nnrvon+ rhnnn0li7n+inn (PCMS to be installed by City of College Station forces) At Southwest Prkwy 1 ....................o 7S, 49 ifEV.. N. 6ALiSE APPROX. SCALE I o- °$ 66529soft 1 3 � �ONAL .�Na SHEET 9 1 Y ' Revised 5/13/2016 I j Modification 2: ' I See Sheet #17 /l 1 /I ,I I ♦ 1 200 Ft @ 20 ft Spacing 1 (10 cones each direction) - - - - - - - - - -. 200 ft w •c JC u (G OF 7LC `�11 ���,�p,.�....... ,•..,.�5 ill OTOMAS E. LINDHEIMER� .................................. 1 � �. 136566 44 IFor Modification 2 Only I (PCMS to be installed by City of College Station forces) LEGEND DEVICE r Vertical Panels (VPs) or 42 in "Grabber" Cone 42in "Grabber" Cone awl* Opposing Traffic Lane Dividers (OTLDs) Portable Changeable Message Signs (PCMS) J. Static sign (on temporary support) Type III Portable Barricade QNTY 46 22 10 3 4 Page 111 of 525 `�.til, WELLBORN RD. r�.........., North of FM 2818 ........................:.. RANDELL J. SMllTH r................................. 110317 lhsja(�CEN5E�.WS s. IuwDELL J. sM 8.22.2023 APPROK SCALE soft SHEET 10 m Revised 5/13/2016 c s V fp Install canes @ = 50 ft spacing 4 200 Ft @ 20 ft Spacing i (20 cones NB; 16 cones SB) �10 cones) p 1 Z Y 1 I ----------� 1` 1 1 PCM 5 Phase I PCMq Phwi- !± (PCMS to be installed by City of College Station forces) Tvnical Snacine between VPs and OTLDs ® x x opf-4 x ��a x } The spacing between cones, tubular markers, vertical panels, drums, and barricades should not i exceed a distance in feet equal to 1.0 times the speed limit in mph when used for taper ' channelization, and a distance in feet equal to 2.0 times the speed limit in mph when used for tangent channelization. 1 1 f 1 1 LEGEND DEVICE QNTY Vertical Panels (VPs) or42in "Grabber" Cones - 42in "Grabber" Cone 52 -= Opposing Traffic Lane Dividers (OTLDs) - 1 PCMS 1 Portable Changeable Message Signs (PCMS) 1 i Static sign (on temporary support) - Type I Portable Barricade - Page 112 of 525 OF *..........................:* 110317 = � �+�.�;'. (I��v, •: jf {cis 4ssia" " E RANDELL J. Su11'968.22.2023 LEFT 100 Ft @ LANE 1 20 ft Spacing END OF BEGINNING CLOSED (5 cones) TAPER Taper = 540 Ft � OFT s. ---- (16 cones @ x 40 ft spacing) OF TAPER 320 FT 1 ---- 1 — - --- -- — — —— — — — —— -- — — —- 1 1 1 1 Typical Snacine between VPs and OTLDs x mt4 x poll -.4 x sQ x -W-I The spacing between cones, tubular markers, vertical panels, drums, and barricades should not exceed a distance in feet equal to 1.0 times the speed limit in mph when used for taper channelization, and a distance in feet equal to 2.0 times the speed limit in mph when used for tangent channelization. LEFT's LANE CLOSED WELLBORN RD. South of FM 2818 0 APPROX. SCALE soft Revised 5/13/2016 L-- ------------- LEGEND DEVICE QNTY Vertical Panels (VPs) or 42in "Grabber Cones" - 42in "Grabber" Cone 22 Opposing Traffic Lane Dividers (OTLDs) - i. PJIS , Portable Changeable Message Signs (PCMS) - Static sign (on temporary support) 3 Type I Portable Barricade - Page 113 of 525 44 F d & 'A AA a oar b V ALM 10 Extra Canes to be Placed Home of 7i ws A&M University® if needed and as directed Crame Day 'I• raffic Control George Bush Drive, Olson & Marion Pugh 1 � Q L.Cgi'r1 d S UPjA y Totals al s Q 63 x Cones Q� Q 1 x Opposite Traffic Lane Dividers p1 x Double Right Turn wl Support Sheet 12 1 x No Right Turn wl support LP i RANOELL J. 3.22.2023 NOTE. Signs, barricades, and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, If applicable. Page 114 of 525 -L1 T IT.; Of 'r -N, A ti 0o t� rn - N Ilk � 3- Vick . fr. -A - LA ®ocP CITY OF COLLEGE STATION Home of Texas A6-M University' Game Day Traffic Control George Bush Drive And Penberthy Drive Legend/Supply Totals 0 36 x Grabber Cones 29 x Cones ®2 x No Left Turn Sign w/ Temporary Support 0 13 x Type 3 Barricades 1 RANDELL J. SMM( 8.22.2023 Note: Signs, baiTicades, and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicable. Page 115 of 525 ROAD CLOSED W LUTHER STREET r • r' fl THIS SECTION OF ROAD IS►► CLOSED DUE TO PHASED CONSTRUCTION. TRAFFIC CONTROL PROVIDED BY OTHERS. _ AIN y .I AM" UNDER W LUTHER STREET CONSTRUCTION ' Iw R"A R3-2 N , NRIGHT LANE CLOSED t � N R.GH1 LANE *� CLOSED o N FHAP� wHK AHEAD o J > Alm- fi 4 " it lei V 7� r l LEGEND: w- RAISED MEDIAN (UNDER CONSTRUCTION) {/ AREA UNDER CONSTRUCTION - OPEN LANES - CLOSED LANES - A&M TRANSIT AND VIP ONLY 0 X 42" GRABBER CONE 2 X ® TYPE III BARRICADE 0 X PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CM CITY TRUCK I' SIGN WITH TEMPORARY SUPPORT 2 X N R3-2 1 x I ROAD R11-2 .CLOSED 1 X uEraua M4-10L NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES 3 PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE ON EACH BLOCK 5/24/24 _ {a'1Y DK{:[7L11d;1, S'1SY11[77a - IAxw �7ius.6.Mf�,.eeag• 0' 25' 50' 100' KYLE FIELD - UNE 2024 EVENTS TRAFFIC CONTROL PLAN LUTHER STREET & PENBERTHY BLVD SHEET NO. 14 f'2lc 116- of 525 fr. ■ • iL - s f f �! N • t R; 1 . YYri •I 4 • 4 � CITY OF COLLEGE STATION Home of Texas A6-M University' Game Day Traffic Control George Bush Drive And Barbara Bush Drive Legend/Supply Totals 0 36 x Grabber Cones 8 x Cones ® 1 x No Left Turn Sign wl Temporary Support 1 x Type 3 Barricade Sheet 15 _* / RANDELL•J. 51rIRH ���'•-. L/CEH5,`�,.'.••• Ors RANDELL J. SMM( 8.22.2023 Note- Signs, barricades, and other traffic control devices shall be installed per the Texas Manual on Uniform Traffic Control Devices or as indicated on the Texas Department of Transportation standard sheets, if applicable. Page 117 of 525 3 Cones @ 4 ft Spacing (PCM5 to be In5l:Ai d by City of Ca9sge Station forces) J No Cone Placed Here. - 40' Opening for Buses and Over -sized vehicles — 38 Cones(2 rows of16)@ 25 ft Spacing 6 Cones (3 each side of Driveway) @ even spacing. Leave room for thru Buses. BUSESI ONLY See Sheet 5 For Additional Detail PCMS BUSES ONLY /I 140 ft Taper 3 rows(20 Cones Total) @ 20 ft spacing LEGEND: 67 X 42" GRABBER CONE 0 X ® TYPE III BARRICADE 1 X PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CM CITY TRUCK SIGN WITH TEMPORARY SUPPORT 2 X BUSES OKLY R3-11 NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES 110317 RANDELL J. SMM-*E 8.22.2023 CITY COLLEGE STATION OF Home �� AIU rJ*' SCALE: NOT TO SCALE WELLBORN ROAD AT GEORGE BUSH DR MODIFICATION SHEET NO. 16 Page 118 of 525 O 0) N 290' TAPER W/ CONES @ 20 O.li. uo T O O O O C O ONLY ONLY \ WELLBORN RD (FM 2154) LEGEND: 0 COMPLETED CONSTRUCTION CURRENT CONSTRUCTION - OPEN LANES - CLOSED LANES - A&M TRANSIT AND VIP ONLY 21 X 42" GRABBER CONE 0 X ® TYPE III BARRICADE 0 X 8 PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CM CITY TRUCK T SIGN WITH TEMPORARY SUPPORT 1 X CW-20 2 X lf� fW R3-8 ONLY I ONLY NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES R.ANDELL......J.....Sm ..H ............ 110317 ri RANDELL J. SMILR✓PE 8.22.2023 (*- C71--, TrxarAdMUnjr SCALE: NOT TO SCALE WELLBORN RD AT SOUTHWEST PARKWAY MODIFICATION SHEET NO. 17 Page 119 of 525 LEGEND: i RAISED MEDIAN Ol OPEN LANES _ CLOSED LANES -, A&M TRANSIT AND VIP ONLY 34 X 42" GRABBER CONE 6 X ® TYPE III BARRICADE 0 X PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CITY TRUCK SIGN WITH TEMPORARY SUPPORT 3 X IN R3-2 1 X � R3-1 r VAU I R11-2 2 X I CLOSED O Ln CV Q NOTES LLJ 1 SIGNS, BARRICADES, AND OTHER TRAFFIC z CONTROL DEVICES SHALL BE INSTALLED PER J THE TEXAS MANUAL ON UNIFORM TRAFFIC = CONTROL DEVICES OR AS INDICATED ON THE U TEXAS DEPARTMENT OF TRANSPORTATION Q STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES 3 PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE ON EACH BLOCK *• ................................... MICHAEL G. HOLMES . ............................... V . r o. 148750 x1iLd z7/12/24 Gof(`7� OLLL•CLSTATION 7ermAchN ( _V 0' 25' 50' 100' KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN RAYMOND STOTZER PKWY & FM 2818 TO STA 261+50 SHEET NO. 18 f ✓:: 120-of 525 ...... _...... ...... ...... _____...... _................. .................... ............. 1'700TOTAL 41 CONES PAGE) RAMP CD CLOSED Ln MR11-2bT uo n n o o c)_ 0_ o _o < �- ' �� 3u� \ O.C. / "RAMP LOSED AHEAD CD cn 0_U _ � � _ _.HARVEY MUTCHELL PKWY (FM 2818)_._ _21u+ou m zc __'____—_______'_______'_______'______'_______'_______'_______'_______'__—_ ____'_______'_______'____________________------ EXIT ROW EXIT LEGEND: RAISED MEDIAN OPEN LANES CLOSED LANES A&w TRANSIT AND wp ONLY 41 x 0 42" onAoocn oowc o x TYPE /I oAnmcAoc o x ponn^oLz oxAwucAoLc wcssAoc s/ow \� ox ornccn »» C�ft cm mucx Io s/ow WITH /swponAn, supponr ,x RAMP pn-2bT CLOSED I x<@> uw2Onp-3 NOTES I smwx oxnmC^osx. AND OTHER TRAFFIC CONTROL DEVICES SHALL BE /wsTAuco PER THE *xAx wxwom ON ow*nnw mx*/r cowmoL ocwccs on As /wo/cArco ON THE /sxxs ospAn/wsw/ OF mxwspomAxow STANDARD s*scrs. IF AppucAoLc z PORTABLE CHANGEABLE wcSsAoc s/Gws (PmCx) AND /nm*x wnow/so FLASHER Annows TO BE scr up BY THE CITY or oo/LEos s/xxow Fonss n PCMnARE mBEINSTALLED mLEAST 320' pnmn TO EACH oLusso LEFT runw LANE ON EACH BLOCK O"d Ue-z__ 7/12/24 GVJ,f`7� � Vj,_V. TRAFFIC CONTROL PLAN SHEET NO. lv rz�qz�121 uf525 X/ ROW 1,700' TOTAL 4 CONES (THIS PAGE) ® 30 O.C. + f 540' TAP ER 18_ - _ _ - _ _ _••- •_ _. _•-••-.•_.._ EXIST Row .._ nry' O.C. y 0 + 4 CONES �Q Q 0 � � W20-5 _ O O O O_ _ 4-- CD -0-0-0-0-0-0 O 0-0-0-0-0-0-0Q _ - - - - - - + 00 280+00 N HARVEY MITCHELL PKWY (FM 2818) z Z - - - - - - - _ - W _ - - - - Q ROW _ _ EXTST ROW _,•_ •_ •_••_••_• _• _••_ •_••_••_••_• _• _••_ •_•._••_.•......_ •_ ._•._••_.._. _. _ ._ ._•._••_.,_I LEGEND: [` RAISED MEDIAN 0 OPEN LANES - CLOSED LANES - A&M TRANSIT AND VIP ONLY 26 X Q 42" GRABBER CONE 0 X ® TYPE III BARRICADE 0 X PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CITY TRUCK 6 SIGN WITH TEMPORARY SUPPORT 1 X <Q ARROW BOARD 1 X W20-5 SED 7E/ NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES 3 PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE ON EACH BLOCK .01771- FOF r,�fi nk1 f .� 7 •5 MCHAELL G. HOLM ES 5., .......I............., ..�. -Z_ 1114E 79} a-- 4�4w zAa-- 7/12/24 w 'Y-OI�LcCLSTATION7 U _V. 0' 25' 50' 100' KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN STA 273+50 TO STA 283+50 SHEET NO. 20 --:. 122- of 525 LEGEND: PHASE 1 PHASE 2 (SEE NOTES) EXIST ROW - EXIST ROW W20-5 0 O + O m + ao Ln Q HARVEY MITCHELL PKWY (FM 2818) � Q Lu Z_ 450'TOTAL z J 6 CONES (THIS PAGE) T � @ 30' O.C. U Q _ _ — — — — _ _ J ~ — — — — - - - - - - - - - - - - - - — — — _ O n n Jr)Jn O ------e---------- - - - - -- - - - _ - ------------ — — B 3 ._ ............ _••_ •_ - - _ _ -, EXIST ROW _ EXIST ROW _.._.._.._. _. _ ._ ._.._.._.._. _.._ ._ ._.._.._. _. _.._ ._ ._.._.._. _. _.._ ._.._.._.._. _. _.._ ._.._.._.._. _. _ ._ ._.._.._.._. _. _ ._ ._.._.._.._. _.._ ._ ._.._.._. _ • PHASE 1 PHASE 2 (SEE NOTES) RAISED MEDIAN 0 OPEN LANES - CLOSED LANES - A&M TRANSIT AND VIP ONLY 6 X O 42" GRABBER CONE 0 X ® TYPE III BARRICADE 2 X PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CITY TRUCK F SIGN WITH TEMPORARY SUPPORT 1 X Ri W20-5 AHEAD NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES 3 PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE ON EACH BLOCK _ �jI,4F'rFinIII, MHO' Aa G. HOLMES 7/12/24 W—C-7� (.OLLL•CL STATION r AchNU _V. 0' 25' 50' 100' KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN STA 283+50 TO STA 295+00 SHEET NO. 21 f a-,:, 12? of 525 LEGEND: [` RAISED MEDIAN i OPEN LANES i CLOSED LANES i CO r A&M TRANSIT AND VIP ONLY i 73 X 42" GRABBER CONE 17 X ® TYPE III BARRICADE 0 X � PORTABLE CHANGEABLE MESSAGE SIGN 0 XOFFICER i 1 X CITY TRUCK r 515' • SIGN WITH TEMPORARY SUPPORT ROAD CLOSED 7 , 18 CONES - i R11-2 4 / @ 30' O.C. III /y i 2 x � 4 R3-1 i ROAD CLOSED R11-2 R3-1 R3-1 i 4 x 0 R3-2 i EXISTRO,, '1 .._.._. _. _ ._ ._.._.._.._. _.._ ._ ._.._.._.._. _.._ ._ ._.._.._. _. _„_ _, _, _ _ _„_„_„_, _ ,_, _„_ _ _,,. „_, _, _„_ EXIST ROW 6 x ROAD R11-2 --- 0- CLOSED — — — — — — — — — — — —------------ 2 x 1w R3-5R CD CD c; FA i-n 450'TOTAL N ROAD Q = 9 CONES (THIS PAGE) = CLOSED ci Too @ 30' O.C.F. R11-2 w R3-2 z � 3 vzv,i 7 }i 4J ' ONLY R3-5R O j .; o-�o 0 r 0 wo 0 0 O o 0 io Oig �� o M o �o--o c CD ONLYCD 2 x R3-2 = CD R3-4 Q 3 0 475'-17 CONES @ 30' O.C. _ NOTES LLJ 725'-25 CONES @ 30' O.C. - Z SIGNS, BARRICADES, AND OTHER TRAFFIC ROAD ROAD CONTROL DEVICES SHALL BE INSTALLED PER CLOSED HARVEY MITCHELL PKWY (FM 2818) R11-2 CLOSED = THE TEXAS MANUAL ON UNIFORM TRAFFIC U CONTROL DEVICES OR AS INDICATED ON THE R11-2 TEXAS DEPARTMENT OF TRANSPORTATION me S C 9 < STANDARD SHEETS, IF APPLICABLE -O O O No O) O- O O_ O O O O O O- On O noO 0 O g0 09 O 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES 3 PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE _. _ _............ _. _ _............ _. _ \ _.._ _ _, _ _ _. _,._ _ _ ON EACH BLOCK _, _, _ ._, _„_ _ _, _ .- EXIST ROW � � S�P�EOF•T��gS�[t) R3-4 R3-4 %* ...........................:*.% MICHAEL G. HOLMES j ONLY/..;:....... R3-5R �I.n 148750 7/15/24 5 i.l'1'Y OI+�.OlA.I:Cl: S•1'A1YON `�����r�I �af7irmRthN (l mrny• o' 25' 50' 100' KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN STA 295+00 TO STA 307+00 (GEORGE BUSH DR & FM 2818) SHEET NO. 22 f ✓g 12 '- of 525 LEGEND: IRS _ EXIST ROW PHASE 1 PHASE 2 (SEE NOTES) 310+00 EXIST ROW _ ._ ._. _.._.._.._.EX_.._.._.._... --------------- O r. im O t 1H m Q 31 5=00 Lu z HARVEY MITCHELL PKWY (FM 2818) _ _. EXIST ROW EXIT ROW _.._ EXZ'Sj R0W LEFT U-TURN tP �) -0 TURNS CLOSED r Z1 PHASE 1 PHASE 2 0 (SEE NOTES) O O RAISED MEDIAN - OPEN LANES - CLOSED LANES - A&M TRANSIT AND VIP ONLY 0 X 0 42" GRABBER CONE 0 X ® TYPE III BARRICADE 2 X PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CITY TRUCK F SIGN WITH TEMPORARY SUPPORT NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES 3 PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE ON EACH BLOCK Ue4— 7/12/24 5 i.l'1'Y OI' (OLLL•CL STATION �af7irmRthN (l mrny• 0' 25' 50' 100' KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN STA 307+00 TO STA 319+00 SHEET NO. 23 f . y;, 12& of 525 LEGEND: rA +� W 2 /� ST ROW EXZ EXIST ROW I IIIIIIIIII _ i -- - 300'-10 CONES @ 30' O.C. o ° i o o 0 0 0 m m s u, Z Q HARVEY MITCHELL PKWY (FM 2818) LLJ — v z - ROAD R3-4 CLOSED RQAD CLOSED ICY R11-2 — ' — ,i. - — — — ,, O OO — •• R11 2 - 435'-15 CONES @ 30' O.C. D IIIIIIIIIIII EXIT ROW I ; i 7 ' :m _.._..-EXIST ROW W W J ; RAISED MEDIAN 0 OPEN LANES - CLOSED LANES - A&M TRANSIT AND VIP ONLY 27 X 0 42" GRABBER CONE 5 X ® TYPE III BARRICADE 0 X PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CITY TRUCK F SIGN WITH TEMPORARY SUPPORT 2 x FRNR11-2 1 x R3-4 NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES 3 PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE ON EACH BLOCK we, '4w zAe-4— 7/ 12/24 Goorc-7� (7,OU GLSTATION 7erm V U _V 0' 25' 50' 100' KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN STA 319+00 TO STA 330+00 (LUTHER ST & FM 2818) SHEET NO. 24 f ✓g-- 12& of 525 LEGEND: i U7 H z W F-- Q a 0 z 0 a_ z w 0 J Q -,."•. -.." . EXIST ROW EXISTROW " - " - " - - -• -• _. _. _. _ ._.._. _. _. _. _ ._ ._.._. _. _. _. _ ._ ._• _••_ •_• _• _ •_ _• _ •_ _, _. _••_ •_• _••_ •_ _• _••_ •_• _••_ •_. _. _ ._ ._ _ _ _ _, _ _ ._,._, _. _ _ . ._. _. _. .... ._.._ _. _. - 345+00 HARVEY MITCHELL PKWY (FM 2818) O O fV Ln Lu Q H z J 560' TOTAL - 8 CONES = (THIS PAGE) @ 30' O.C. Q O O O m O JO O • 2 P* _ _. _ ,_ _, _„_ ,_ _, _ ,_ _, _.._ ,_, _.._ -'EXIST - - ROW -EXIST ROW- _ - z Lu AT o_ Q w Q HOLLEMAN PHASE 1 PHASE 2 N N [` RAISED MEDIAN - OPEN LANES - CLOSED LANES - A&M TRANSIT AND VIP ONLY 8 X O 42" GRABBER CONE 0 X ® TYPE III BARRICADE 1 X PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CITY TRUCK F SIGN WITH TEMPORARY SUPPORT NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATI®N FORCES 3 PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE ON EACH BLOCK f G rk-ink h�liF�EL G� FiOLMES -Z_ 140750 A z 7/12/24 5 i"P OI' C.OLLL•CL S•1'ATI0N �af7irmRthN (l mrny• 0' 25' 50' 100' KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN STA 341+00 TO STA 352+00 SHEET NO. 25 f a-,:, 12V of 525 LEGEND: 3 � 1 0i �O ' 1 � X mix o IN i w Z IW Q fIl Y ul i J i J _0 1 EXIST ROW_„_ _ 1 ������������������ _. _-- _.,_._._.._.._.._.._, EXIST ROW t ____________ ____________ = t e O �--------------------------- '"•.: t. �• ® -_a - 0 .` �, ID `ri ROAD :'. m rn Q HARVEY MITCHELL PKWY (FM 2818) CLOSED ' �_�;:. �: HARVEY MITCHELL PKWY (FM 2818) v~i - R11-2 ' r.. N Z R3-2 ROAD ''(^ J CLOSED J u R11-2 S' ' +: ;'•'.' •f , 785' TOTAL - 20 CONES (THIS PAGE) @ 30' O.C. _ u Q O 10 O O O O O On O O _.O �- •- - O O 0 O O O c]' O O O- O O_ O O_ O O_ O O_ O 560' TOTAL- 12 CONES (THIS PAGE) @ 30' O.C. _-- ���.�� 111111 EXIST ROW _.._.._. _. _. _. _ ._.._.._. _, _„_ _ _„_„_, _, _„_ _„_„_„_ _. _.,_ .-1 O— _ ._.._.._ _ _ - _ ._, _.._.._. ...... _ _, _ ._ ._, _. _ _. _.._ ......._EXIST R .,�. OW Q i i O �1 0 I 285' - 13 CONES @ 30' O.C. a a ' x 1 0 !O % O LEFT LANE CLOSED AHEAD W20-51- N 7 7', RAISED MEDIAN 0 OPEN LANES _ CLOSED LANES - A&M TRANSIT AND VIP ONLY 47 X 0 42" GRABBER CONE 6 X ® TYPE III BARRICADE 0 X PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CITY TRUCK F SIGN WITH TEMPORARY SUPPORT X LANE LEFT 1 CLOSED W20-51- 2 x ROAD R11-2 CLOSED NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES 3 PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE ON EACH BLOCK ................................ MICHAEL G. HOLMES 148750 L 7/15/24 5 i.l'1'Y OI+l.O1.Ll:C1: 5'1'A'1'lON `�����r�I �af7irmRthN (l mrny• 0' 25' 50' 100' KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN STA 352+00 TO STA 363+00 (HOLLEMAN DR & FM 2818) SHEET NO. 26 f ✓g-- 123 of 525 LEGEND: `1 EXIST_ ROW _ _ ._.._.._ ._• _•._ ._ ._.._.. EX - IST ROW _- O O -� cn rn Q F- 365+00 785' TOTAL- 8 CONES — ` — Z (THIS PAGE) @ 30' O.C. J / S U_ m g Q a a O ,1 \\ EXIST ROW O HARVEY MITCHELL PKWY (FM 2818) m 370+00 Q w _z - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - U - - - - - - - - - - - - \ ROAD CLOSED .......... _.. _. ROW R3-4 �+IS 90� N 7 7', RAISED MEDIAN © OPEN LANES - CLOSED LANES - A&M TRANSIT AND VIP ONLY 8 X O 42" GRABBER CONE 3 X ® TYPE III BARRICADE 0 X PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CITY TRUCK �. SIGN WITH TEMPORARY SUPPORT 1 x ROAD R11 -2 CLOSED 1 x � R3-4 NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES 3 PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE ON EACH BLOCK NFCFI LG. HOMES t" z ra— 7/12/24 5 i.l'1'Y OI' i.OLLL•CL 5'1'A'1'lON `�����r�I �af7irmRthN (l mrny• 0' 25' 50' 100' KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN STA 363+00 TO STA 374+00 UONES BUTLER RD & FM 2818) SHEET NO. 27 f . ,.: 120-of 525 (TO HEB) LEGEND: RAISED MEDIAN (UNDER CONSTRUCTION) 0 AREA UNDER CONSTRUCTION - OPEN LANES - CLOSED LANES - A&M TRANSIT AND VIP ONLY 5 X 42" GRABBER CONE 0 X ® TYPE III BARRICADE 0 X PORTABLE CHANGEABLE MESSAGE SIGN 0 X OFFICER 0 X CM CITY TRUCK F SIGN WITH TEMPORARY SUPPORT NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES 3 PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE ON EACH BLOCK %'�'4w z 5/24/24 0' 25' 50' 100' KYLE FIELD - JUNE 2024 EVENTS TRAFFIC CONTROL PLAN FM 2818 & WAXWING LANE @ HEB ENTRANCE SHEET NO. 28 R y 1 J 0- of 525 MESSAGE BOARD LOCATION -NTS- NOTES 1 SIGNS, BARRICADES, AND OTHER TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PER THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR AS INDICATED ON THE TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SHEETS, IF APPLICABLE 2 PORTABLE CHANGEABLE MESSAGE SIGNS (PMCS) AND TRAILER MOUNTED FLASHER ARROWS TO BE SET UP BY THE CITY OF COLLEGE STATION FORCES PCMS ARE TO BE INSTALLED AT LEAST 320' PRIOR TO EACH CLOSED LEFT TURN LANE ON EACH BLOCK w 1Y OI+�.01A.1:C1: 5'1'A'1'lON H ef7exmAchV U —* Not To Scale KYLE FIELD - GAMEDAY 2024 TRAFFIC CONTROL PLAN MESSAGE BOARDS ITINERARY SHEET NO. 29 f ✓p 1 ✓1 of 525 Standard Sheets Ow ?vlesws !(TFUNoro mflvoc fl, o,"V'—f r, ro-"j oldoy r6eflcr to -tw,,-Woy CTU's )"� v, fv,�Wvy 12* L06- I rf rIIwsr. Tro, .orfod ffr, ffwrivey,1 zrroo o" tv AID f<x* ;n�l 1 ,c,f " fro '11 re,"i I c'- t,( tyllr?k d,1F' 6lt4lk 0118 sf Ke 0�1 Tr'18 ny-n+t. tx)&� is "'clf rwl to t,-,* wo�w+ wltn o'l It 0 .,q- *-N1vf f3 "'n"Wre 04-C N fiFvmxf ct vf'vj ),M. Try UTL� mcy Cr; t:,:,i 1-f rmt.,wt'orf tit# Ai rwlmi cy, V01. Fil- 1. Sl:,Y-Pia autmern the LqL,') Wcfj r.-,l ';CC fgej, A?" aed,,:s n,, Vn f�jrc.gii PejW.,Pi W� CONES "-y t7v oea, ttv MU r, M-':441 nA wmW If Pr' my bp 4. T) � (RO v c I I Ut .� .4 t�t a I !K, o t, I ix-,� --vj-1- 4 It IcIntcli • rvFltfive 9''ttth'fry tftNU i'01 2- crolt, vtr ref ,ve11vLf.v Iv- �FL;c T,>, b) W" Ow-i-Q1 Wiv, I ul wlebb Q-H�rvl%V. T1,v In, VM I licef H* 'j, :w'-ffjc�. L4 WT:te ?W. 11 AMM OPPOSING TRAFFIC LANE DIVIDERS (OTLD) Two-piece cones One -Piece coney Tunular MorKer 911 t, 4. Referred to as "Grabber Referred to as "Cone" in Cone" in this plan set this plan set IT n. Yr-IL 1,'r,-jrm5 snol I -none o en t wergrit of 9 712 10•�. AS, W-t srxo,ly R; Q d Sv rxc �twx 4 W 2-piecri rxrips 15t%-jj I hove o r6r)[no wee j,fit o� if) I bs. � no I uo : rig Lu se,. 'iVt" FIXED snrQ-01-1 IV TS (.J IF k, uocc,� cild -hAuilor m;:r k of I txu- ;X,tto,*Crerjj � w cwlgr, Mild DRIVEABLE Tepi t°-* neignt end ioe;qht requiremerts sho*r; mxwe. 0-v-p i v'(:t, 6 fvlt m, hove f-41 txx�y (vd 1'>Omy ��; tte. C,.Yle, fly" I r1m, i n (Y-lid cm oktt-:1 pa*k, ,W iv ccr�es h4ve c, cxcne st-apa,� tx��y 4y�d a L�cu.,, traff4c or r N f o opy),firi, je.roof j-nffjf,. 0 u itc, be utvj I, Coyflm v nh7,ifflna s"Kvifityit. or bul ICt, Iti'm *r� (10m.1d tc-, Romp tv dovlcv, uvr ight uric in (ducv. TMy 4�j t* OW3 Of frl- t1W, �F �A�wl crPlot LIS 10-9 tTovilflovg %i-w-c po�;Ftlyv t�u ho*n, ic r re -�C-vw�j Vie cavice. yfite ow rl it, J;c ;, + I E'AlrAw(n for ve'll e,lfo, orld of skvz.vl Al E 7w 5 11T;ecmirl v, Tr *V. zr�'r-k, f'r vxt01frtr.3f j j ido I I w co ji-P. -,km af ref le--tive winio's 0s. atlo4fl rft�-we. Ttv rt7i lcnd ive bune-5 V�--1 I Move a moti-, vnifl ec vo R ICY a- -01 Is. f,�e.fl Ifeot irth ref 6., 1, vp I-os,;fvc w,,�, +., U-"O� if Wvo di Vie of c�tx rr<'%.f�-d to tal�,v-vy jo Inta rcrx*lys. 4teipfil D;J5-6!;Yj Typoe A. ,tie fn t,e rO le�-Alvu cca-,", 3,, -tifjetf-'ae W,111L V'c 4 "W C,les wo itbulof fftf::rkera rs-e generc-Il'? sul+'Mif- (or 51-wi 0-ration ord r. vy>.Ir olvcjr4 blom ccwvY4 ff,* filol We. t. YP r 3"ncc m C*;v'crs*"l a-d fnmc-ya mr otiv- hiqn N-4Crt-l-erra -jJ('Ffi 011Cry �'fk cii tiv 7 vw-,c ni,Of, (4 1,. Tfitton *molv-� I -tot be �,,ir-d wtmo rwvlyb, "UY fwe mry ftrl 2M >;4xry Imo, tta for 001cma"y V,:Y-k J,�,less Kriftrecof oren loc 'm) t-oMr. -,�v,1-r Ir.4-friv eaxvxfd cl = e twl� 110 WTIi, cey-imle Ntv. fc, rrc'-Iukn cW tjgw postI itium *�i itwir pr u j'or. �,Po 'T(44 :�M #�,k Nyv Tc,)W-n, Uwlre�l OW 6, 'fit' f*'—pi"ece cone*, or rjrm� o,e tci- Cal I mvxk zcne I CRITEM i. 9rw,0f1v%; f& h. O's 0-01 b� ly" A c,r-s, c��, fi�,,W f,4 lo 'mP*-tvw"t,0t MAe- 1 r 1 Sr®c rscltion M-4 fC;), �rllvtl �&,rrkke� C hr it-C 1��Trr JC POHTABLE & VERTICAL PANELS (VIPS) Page 132 of 525 TC G O v•- w L om TC +0 Cuai O ] L Z� 0+0 00 Zwg TL .+w +- rr U•- C Q D•- NN- U C J QN 0' 0) LLb o_ m �c°Pg d) cw0 PO} w hop v! G N pxy x I- L Lv W N L «00 OU 7.0 C 0 c5,° L 01 OL 0 PLY NnG D C O ovw n L L C0m y0 Nip ,C + TL 4 G O p v m � 7 N 4CNm JF L vUi c + o xo Q oUL� BARRICADE AND CONSTRUCTION (BC) STANDARD SHEETS GENERAL NOTES; 1. The Barricade and Construction Standard Sheets (BC sheets) are intended to show typical examples for placement of temporary traffic control devices, construction pavement markings, and typical work zone signs. The information contained in these sheets meet or exceed the requirements shown in the "Texas Manual on Uniform Traffic Control Devices" (TMUTCD). 2. The development and design of the Traffic Control Plan (TCP)is the responsibility of the Engineer. 3. The Contractor may propose changes to the TCP that are signed and sealed by a licensed professional engineer for approval. The Engineer may develop, sign and seal Contractor proposed changes. 4. The Contractor is responsible for installing and maintaining the traffic control devices as shown in the plans. The Contractor may not move or change the approximate location of any device without the approval of the Engineer. 5. Geometric design of lane shifts and detours should, when possible, meet the applicable design criteria contained in manuals such as the American Association of State Highway and Transportation Officials (AASHTO), "A Policy on Geometric Design of Highways and Streets", the TxDOT "Roadway Design Manual" or engineering judgment. V. When projects abut, the Engineer(s) may omit the END ROAD WORK, TRAFFIC FINES DOUBLE, and other advance warning signs if the signing would be redundant and the work areas appear continuous to the motorists. If the adjacent project is completed first, the Contractor sholl erect the necessary warning signs as shown on these sheets, the TCP sheets or as directed by the Engineer. The BEGIN ROAD WORK NEXT X MILES sign shall be revised to show appropriate work zone distance. 7. The Engineer may require duplicate warning signs on the median side of divided highways where median width will permit and traffic volumes justify the signing. 8. All signs shall be constructed in accordance with the details found in the "Standard Highway Sign Designs for Texas," latest edition. Sign details not shown in this manual shall be shown in the plans or the Engineer shall provide a detail to the Contractor before the sign is manufactured. 9. The temporary traffic control devices shown in the illustrotions of the BC sheets are examples. As necessary, the Engineer will determine the most appropriate traffic control devices to be used. 10. As shown on BC(2), the OBEY WARNING SIGNS STATE LAW sign and the WORK ZONE TRAFFIC FINES DOUBLE sign with plaque shall be erected in advance of the CSJ limits. However, the TRAFFIC FINES DOUBLE sign will not be required on projects consisting solely of mobile operation work, such as striping or milling edgeline rumble strips. The BEGIN ROAD WORK NEXT X MILES, CONTRACTOR and END ROAD WORK signs shall be erected of or near the CSJ limits. 11. Except for devices required by Note 10, traffic control devices should be in place only while work is actually in progress or a definite need exists. 12. The Engineer has the final decision on the location of all traffic control devices. 13. Inactive equipment and work vehicles, including workers' private vehicles must be parked away from travel lones. They should be as close to the right-of-woy line as possible, or located behind a barrier or guardrail, or as approved by the Engineer. WORKER SAFETY APPAREL NOTES: 1. Workers on foot who are exposed to traffic or to construction equipment within the right-of-woy shall wear high -visibility safety apparel meeting fhe requirements of ISEA "American Notional Standard for High -Visibility Apparel" labeled as ANSI 107-2004 standard performance for Class 2 or 3 risk exposure. Class 3 garments should be considered for high traffic volume work areas or night time work. Only pre -qualified products shall be used. The "Compliant Work Zone Traffic Control Devices List" (CWZTCD) describes pre -qualified products and their sources and may be found on - line at the web address given below or by contacting: Texas Department of Transportation Traffic Operations Division - TE Phone (512) 416-3118 THE DOCUMENTS BELOW CAN BE FOUND ON-LINE AT http://www.txdot.gov COMPLIANT WORK ZONE TRAFFIC CONTROL DEVICES LIST (CWZTCD) DEPARTMENTAL MATERIAL SPECIFICATIONS (DMS) MATERIAL PRODUCER LIST (MPL) ROADWAY DESIGN MANUAL - SEE "MANUALS (ONLINE MANUALS)" STANDARD HIGHWAY SIGN DESIGNS FOR TEXAS (SHSD) TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (TMUTCD) TRAFFIC ENGINEERING STANDARD SHEETS SHEET 1 OF 12 Q9+1 Traffic Operations Texas Department of Transportation Division I Standard BARRICADE AND CONSTRUCTION GENERAL NOTES AND REOU I RELENTS BC0)-13 FILL' be-13.dgn mI. TxD01 Icx.IxDOTJowl TXDOT Icrz:TAOT ©TxDOT November 2002 corer sscr doo rIl el+xnr AEv151011s 4-03 5-10 GIST COUNTY s EEr uo. 9-07 7-13 1� 95 _1 I �" 5 +—a c1•- C 4 A•- UN' ZOO) aONL R L 0 nc o " La D Cm0 •v n v, c + wo � 0 X 0 X H- L G, L L r>L + 0 O T N a o-- mso L 41 a 0 a�m N OL TL iOw tl sot COO: o N- L: + + 4) r- O O yo o L� + a ?a L .rao o a vc 100 w7Em �mu�w . 0 o Y O TYPICAL LOCATION OF CROSSROAD SIGNS END QG20-2 ROAD WORK * I CROSSROAD I X I ROAD ROAD WORK WORK a NEXT x MILE AHEAD NEXT X MILES CW20-1D G20-laT ROAD WORK I NExi x MILES NEXT x MILf5 {Optional see Note / G20-10T 1 and 4 V �TJ X I X I X X x A 20-1D a I I T s� (Optional G20-2 ROADNWORK A see Rote I and 41 QMay be mounted on back of 'ROAD WORK AHEAD'fCW20-11)) sign with approval of engineer. (See note 2 below) 1. The typical minimum signing on a crossroad approach should be a "ROAD WORK AHEAD" {CW20-1DIsign and a IG20-2) 'END ROAD WORK' sign, unless noted otherwise in plans. 2. The Engineer may use the reduced size 36" x 36` ROAD WORK AHEAD ICW20-11)) sign mounted back to bock with the reduced size 36" x 18" "END ROAD WORK'IG20-2) sign on low volume crossroads {see Note 4 under "Typical Construction Warning Sign Size and Spacing'). See the "Standard Highway Sign Designs for Texas" manual for sign details. The Engineer may omit the advance warning signs on low volume crossroads. The Engineer will determine whether a road is low volume. This information shall be shown in the plans. 3. Based on existing field conditions, the Engineer/inspector may require additional signs such as FLAGGER AHEAD, LOOSE GRAVEL, or other appropriate signs. When additional signs are required, these signs will be considered part of the minimum requirements. The Engineer/Inspector will determine the proper location and spacing of any sign not shown on the B£ sheets, Traffic Control Plan sheets or the Work Zone Standard Sheets. 4. The "ROAD WORK NEXT X MILES" IG20-`IoD sign shall be required of high volume crossroads to advise motorists of the length of construction in either direction from the intersection. The Engineer will determine whether o roadway is considered high volume. 5. Additional traffic control devices may be shown elsewhere in the plans for higher volume crossroads. 6. When work occurs in the intersection area, appropriate traffic control devices, as shown elsewhere in the plans or as determined by the Engineer/Inspector, shall be in place. WORK AREAS IN MULTIPLE LOCATIONS WITHIN CSJ LIMITS ROAD WORK NEXT X MILES b I G20-IbTR INTERSECTED ROADWAY X G20-5aP WORK ZONE R20-5T TRAFFIC G20-5T N FINES DOUBLE R20-5o7P a.�i`.s G20 6T +a �rrr,I CSJ LIMITS AT T-INTERSECTION T-INTERSECTION ROAD WORK G20-161L 65 NEXT X MILES a �4 X al 1 Block - City 1000-1500' - Hwy 1000'-l500' Hwy I Block - City '1�//7 / \ CSJ WORK min, Limit G20-5oP ZONE BEGIN IRAFFIC FAD WORK o R20-5T FINES XI x MILES NAM .! s � DOUBLE ADMcity � R20 5aTP , STATE :ONTRACTOm END ROAD WORK G20.2 1. The Engineer will determine the types and location of any additional traffic control devices, such as a flogger and accompanying signs, or other signs, that should be used when work is being performed at or near on intersection. 2. If construction closes the road at a 7-Intersection the Contractor shall place the "CONTRACTOR NAME"(G20-6T) sign behind the Type 3 Barricades for the road closure (see BC(10) also). The "ROAD WORK NEXT X MILES" left arrow(G20-11>TL) and "ROAD WORK NEXT X MILES" right arrow {G20-1bTR)" signs shall be replaced by the detour signing called for in the plans. SAMPLE LAYOUT OF SIGNING FOR WORK BEGINNING AT THE CSJ LIMITS ❑ * BEGIN G20-9TP ' 3E ©0 Id O WORK YAHEAD SPEED ZONE * * G20-5T BEGIN PASSL 1M1 T lFINE$ R20.5T* IF NEXT X I€ES 113i R4.1 fasX X CW20-ID ROAD RAW CW1-4L DOUBLE ROAD WORK * * G20-6T ADORESS appropripte.�.WORK WORK CW1 4R iruE XX iF)ER2-IR20 SoTPyCAHEAD AREA AHEAD ❑ uvs CW13-1P CW2 3X XX Type 3 Barricade or mxieAcros x X i x x " �I -1/ CW20 ID urx CW13 !P k I \lZ - chonnelizinq devices 4 d 4 4 4 4 d OBEY WARNING SIGNS STATE LAW R20-3T * �c h 4 TYPICAL CONSTRUCTION WARNING SIGN SIZE AND SPACINGI.5s SIZE SPACING Sign Conventional Expressway/ Posted Sign a Number Road Freeway Speed Spacing or Series "X" CW204 MPH Feet (Apprx.) CW21 30 120 CW22 48" x 48" 48" x 48" CW23 35 160 CW25 40 240 45 320 CW1, CW2, CW7, CWB, 36" x 36" 48" x Ala" 50 400 CW9, CW11, 55 5002 CW14 60 6002 65 7002 CW3, CW4, 70 Boo CW5, CW6, 48" x 48" 48" x 48" CW8-3, 75 9002 CW10, CW12 80 10002 � � 3 For typical sign spacings on divided highways, expressways and freeways, see Part 6 of the "Texas Manual on Uniform Traffic Control Devices" (TMUTCDI typicoI application dIogroms or TCP Standard Sheets. A Minimum distance from work area to first Advance Warning sign nearest the work area and/or distance between each additional sign. GENERAL NOTES I. Special or larger size signs may be used as necessary. 2. Distance between signs should be increased as required to hove 1500 feet advance warning. 3. Distance between signs should be increased as required to have 1/2 mile or more advance warning. 4. 36" x 36" 'ROAD WORK AHEAD' ICW20-1D)s1gns may be used on low volume crossroads at the discretion of the Engineer. See Note 2 under "Typical Location of Crossroad Signs`. 5. Only diamond shaped warning sign sizes ore indicated. 6. See sign size listing in "TMUTCO", Sign Appendix or the "Standard Highway Sign Designs for Texas' monuoI for complete Iist of ovoiIoble sign design sizes. -Ilk LEGEND . I--1 Type 3 Barricade SPEED WORK E� �I /Beginning of --� O X LIMIT R2-1 000 Channel izing Devices 1- -1 SPACE / NO -PASSING * END �/ �/ O .i Sign 3x Oevncesizing CSJ Limit h END line shouftl 0202bTiF * WORK ZONE I< /� /� coordinate When extended distances occur between minimol work spaces, the Engineer/Inspector should ensure additional ROAD WORK with sign See Typical Construction location Warning Sign Size and "ROAD WORK AHEAD"(CW20-ID)s1gns are placed in advance of these work areas to remind drivers they are still G20-2 * * NOTE S X Spacing chart or the within the project limits. See the applicable TCP sheets for exact location and spacing of signs and TMUTCD for sign chonnelizinq devices. The Contractor shall determine the appropriate distance spacing requirements. SAMPLE LAYOUT OF SIGNING FOR WORK BEGINNING DOWNSTREAM OF THE CSJ LIMITS to be placed on the C20-1 series signs and "BEGIN ROAD WORK NEXT X MILES"(G20-5T)Sign for each specific project. I! ❑ ! * *G20-5aP WORK SHEET 2 OF l 2 ZONE R20.3T* * This distance shall replace the "X" and shall be rounded aF BEGIN SPEED OBEY to the nearest whole mile with the approval of the Engineer. Traffic ( ** G20-5T ROAD WORK LIMIT TRAFFIC WARNING No decimals sho1l be used. operations ROAD ROAD ROAD NEXT x MILES * * R20-51 FINES SIGNS Texas Department of Transportation Division R11-2 WORK xAUE V X DOUBLE STATE LAW O P p Standard CLOSED CNl-4L WORK /Z MILE I Auom`ss /� /� .�r The "BEGIN WORK ZONE" fG20 9TP) and "END WORK ZONE" IG20 2bT1 �c*R20-50TP .�,,, shall be used aS shown on the sample layout when advance Type 3 G20-6T STALE .s r,oan CWl 6 CW20-ID iE * R2-1 Barricade or XX CWE3 EP CW2D 1E ** m'+'n'cros signs are required outside the CSJ Limits. They inform the channe11Zino ues motorist of entering or leaving a part of the work zone BARRICADE AND CONS T RuC T t ON devices lying outside the CSJ Limits where traffic fines may double X x �I X �I x _ _ x if workers ore present. 4 4 d 4 4 11 4 PROJECT L IMI T j * * Required CSJ Limit signing. See Nate 10 on bC(l). TRAFFIC ] FINES DOUBLE signs will not be required on projects 4 a consisting solely of mobile operations work. chonnelizinq CSJ Limit Area for placement of "ROAD WORK AHEAD" (CW20-ID)sign BC ( 2 ) - 1 3 �✓ Devices [ R2-1 and other signs or devices as called for on the Traffic r,Lr_ �/ November �DliE Tx DOT IsF•TxDOTInw-� TxQOT Jc,:TxDOT X Control Plan. rb SPEED ©TxDOT November 2002 coNr sccr don N[cxrrnr 5PACE END he f LIMIT REVISIONS ROAD WORK ` , X Contractor will install o regulatory speed limit sign at * X O the end of the work zone. 9-07 I o[sr couarr sNEeI NO. G20-2 ye I uy� G+ J 1-5 c•�o o 0T cu ouw Lal ] o t In 00+ >1L +-a U•- C o n •- U c 7 0V)L a L dUi PC0 L cmo N Cat . 00 Xm M + mwL°m' +mo >, wo c p p ... vo wO Lo on PL N O O a a OWL fe o 0 46 o 0 • x+ +~n o°ta me W DEh Rome Jr C rn c a G y a w la! H J � lL TYPICAL MINIMUM CLEARANCES FOR LONG TERM AND INTERMEDIATE TERM SIGNS 12' min, nANFAD ROAD ®RK or I AHEAD 4� min. _T c o � min. a 01-6. 9. 0' max, a 6' or 7. 0' min. 0 �Ff ° - - 9. 0' max. greater Y f Paved Paved shoulder shoulder minimum ROAD from MORK curb AHEAD I a L 7.0' min, .__J y 94 0max. 1 ROAD FOR AHEAD * * xx MPH � 0' min. '< f' tF When placing skid supports on unlevel ground, the leg post lengths must be adjusted so the sign appears straight and plumb, Objects shall NOT be placed under skids as a means of leveling. {y� i V11 1 FIVES a®9 ° LE MOUR 5 tF tF When plaques are placed on dual -leg supports, they should be attached to the upright nearest the travel lone. Supplemental plaques (advisory or distance) should not cover the surface of the parent sign. Support shall not protrude above sign Support shop not protrude above sign Sign supports shall extend more than 1/2 way up the bock of the sign substrate. FRONT ELEVATION Wood, metal or Fiber Reinforced Plastic ATTACHMENT FOR SIGN SUPPORTS Splicing embedded perforated square metal tubing in order to extend post height will only be allowed when the splice is made using four bolts, two above and two below the spice point. Splice (lust be located entirely behind the sign substrate, not near the bose of the support. Splice insert lengths should be at least 5 times nominal post size, centered on the splice and of at least the some gouge material" STOP/SLOW PADDLES 1. STOP/SLOW paddles are the primary method to control traffic by floggers. The STOP/SLOW patltlle size should be 24' x 24" as detailed below. 2. When used at night, the STOP/SLOW paddle sholl be retroreflectorized. 3. STOP/SLOW paddles may be attached to a staff with a minimum length of 6' to the bottom of the Sign. 4. Any lights incorporoted into the STOP or SLOW paddle faces shall only be os specifically described in Section 6E.03 Hand Signaling Devices in the TMUTCD. �10" I 10. \� 24" O D 8 It 24" Wkgra.ind - Red Legend E Border - While 24" Bockground - Q-ange Legend & Border - Bleek 8"B SIDE ELEVATION Wood Attachment to wooden supports will be by bolts and nuts or screws. Use TxDOT's or manufacturer's recommended procedures for attaching sign substrates to other types of sign supports Nails Shall NOT be allowed. Each sign shall be attached directly to the sign support. Multiple signs sholl not be joined or spliced by any means. Wood supports shall not be extended or repaired by splicing or other means. CONTRACTOR REQUIREMENTS FOR MAINTAINING PERMANENT SIGNS WITHIN THE PROJECT LIMITS I. Permanent signs are used to give notice of traffic lags or regulations, toll attention to conditions that are potentially hazardous to traffic operations, show route designations, destinations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information. Drivers proceeding through a work zone need the same, if not better route guidance as normally installed on a roadway without construction, 2. When permanent regulatory or warning signs conflict with work zone conditions, remove or cover the permanent signs until the permanent sign message matches the roadway condition. 3. When existing permanent signs are moved and relocated due to construction purposes, they shall be visible to motorists of all times. A. If existing signs are to be relocated on their Original supports, they shall be InstoIled on croshworihy bases as shown on the SMD Standard sheets. The signs shall meet the required mounting heights shown On the BC Sheets or the SMD Standards, This work should be paid for under the appropriate pay item for relocating existing signs. 5. if permanent signs ore to be removed and relocated using temporary supports, the Contractor sholl use croshworthy supports as shown on the BC sheets or the CWZTCD. The signs shall meet the required mounting heights shown on the BC Sheets or the SMD Standards during construction, This work should be paid for under the appropriate pay item for relocating existing signs. 6. Any sign or traffic control device that is struck or dplioged by the Contractor or his/her construction equipment shall be replaced as soon as possible by the Contractor to ensure proper guidance for the motorists. This will be subsidiary to Item 502. GENERAL NOTES FOR WORK ZONE SIGNS i. Contractor shall install and maintain signs in a straight and plumb condition and/or as directed by the Engineer, 2. Wooden sign posts shall be painted white. 3. Barricades sholl NOT be used as sign supports. 4. All signs shall be installed in accordance with the plans or as directed by the Engineer. Signs stroll be used to regulate, worn, and guide the traveling public safely through the work zone. 5. The Contractor may furnish either the sign design shown in the plans or in the "Standard Highway Sign Designs for Texas' (SHSD). The Engineer/Inspector may require the Contractor to furnish other work Zane signs that are shown in the TMUTCD but may have been omitted from the plans. Any variation in the plans sholl be docunented by written agreement between the Engineer and the Contractor's Responsible Person. All changes must be documented in writing before being Implemented. This con include documenting the changes in the Inspector's TxDOT diary and having both the Inspector and Contractor initial and dote the agreed upon changes, 6, The Contractor shall furnish sign supports listed in the "Compliant Work Zone Traffic Control Device List" (CWZTCDI. The Contractor shall install the sign support in accordance with the manufacturer's recommendations. If there is a question regarding installation procedures, the Contractor shall furnish the Engineer a copy of the manufacturer's installation recommendations so the Engineer con verify the correct procedures are being followed. 7. The Contractor is responsible for installing signs on approved supports and replacing signs with damaged or crocked substrates and/or damaged or marred reflective sheeting as directed by the Engineer/Inspector, 8, Identification morkings may be shown only on the bock of the sign substrate. The maximum height of letters and/or company logos used for identification shall be 1 inch. 9, The Contractor shop replace damaged wood posts. New or damaged wood sign posts shall not be spliced. DURATION OF WORT( tan rEwfirwlrt nine -Texas MlgMt on Unifnrm Traffic Contrni Devices' Part fir 1. The types of sign supports, sign mounting height,the size of signs, and the type of sign substrates can vary based on the type of work being performed. The Engineer is responsible for selecting the appropriate size sign for the type of work being performed. The Contractor is responsible for ensuring the sign support, sign mounting height and substrate meets manufacturer's recommendations in regard to croshworthiness and durotion of work requirements, a. Long-term stationary - work that occupies a location more than 3 days. b. Intermediote-term stationary - work that occupies o location more than one daylight period up to 3 days, or nighttime work lasting more than one hour, c. Short-term stotionary - daytime work that occupies a location for more than I hour in a single daylight period. d. Short, duration - work that occupies a location up to I hour. e. Mobile - work that moves continuously or intermittently (stopping for up to approximately 15 minutes.) SIGN MOUNTING HF.ICHT I. The bott of Lang -termVintermediate -term signs shop be at least 7 feet, but not more than 9 feet, above the paved surface, except as shown for supplemental plaques mounted below other signs. 2. The bottom of Snort-term/Short Duration signs shop be a minimum of I foot above the pavement surface but no more than 2 feet obove the ground. 3. Long-term/Intermediate-term Signs may be used in lieu of Short-term/Short Duration signing, 4. Short-term/Short Duration signs shot be used only during daylight and shall be removed at the end of the workdoy or raised to oppropriote Long-termvintermedlote sign height, 5. Regulatory signs shop be mounted at least 7 feet, but not more than 9 feet, above the paved surface regordless of work duration. SLUF• OF SIGNS 1. The Contractor SholI furnish the sign sizes shown on BC (2) unless otherwise shown in the plains or as directed by the Engineer. SIGN SURSTRATLS 1. The Contractor shall ensure the sign substrate is installed in accordance with the manufacturer's recommendations for the type of sign support that is being used. The CWZTCD lists each substrate that can be used on the different types and models of sign supports. 2. "Mesh" type materials are NOT on approved sign substrate, regardless of the tightness of the weave. 3. All wooden individual sign panels fabricated from 2 or more pieces sholl have one or more plywood cleat, 1/2" thick by 6" wide, fastened to the back of the sign and extending fully across the sign. The elect shop be attached to the back of the sign using wood screws that do not penetrate the face of the sign panel. The screws shop be placed on both sides of the splice and spaced of 6" centers. The Engineer may approve other methods of splicing the sign face. REFLECTIVE SHEETING 1. All signs shot be retroreflective and constructed of sheeting meeting the color and retro•reflectivity requirements of DMS-8300 for rigid signs or DMS-8310 for roll -up signs. The web oddness for DMS specifications is shown on BCO ). 2. White sheeting, meeting the requirements of DMS-8300 Type A, shall be used for signs with a white background. 3. Orange sheeting, meeting the requirements of DUS-8300 Type BFL or Type CFt, shall be used for rigid signs with orange backgrounds. SIGN LETTERS 1, All sign letters and numbers shall be clear, and open rounded type uppercase alphobet fetters as opproved by the Federal Highway Administration IFHWA) and as published in the "Standard Highway Sign Design for Texas" manual. Signs, letters and numbers shall be of first class workmanship in occordance with Department Standards and Specifications. REMOVING OR COVERING 1. When sign messages may be confusing or do not apply, the signs shall be removed or completely covered. 2. Long-term stationary or intermediate stationary Signs installed on square metal tubing may be turned away from traffic 90 degrees when the sign message is not applicable. This technique may not be used for signs installed in the median of divided highways or near any intersections where the sign may be seen from opproaching traffic. 3. Signs installed on wooden skids shall not be turned at 90 degree angles to the roadway. These signs should be removed or completely covered when not required. 4. When signs are covered, the material used shall be opaque, such as heavy mil block plastic, or other materials which will cover the entire sign face and maintain their opaque properties under automobile headlights at night, without damaging the sign sheeting. 5. Burlop shall NOT be used to cover signs. 6, Duct tape or other adhesive material sholl NOT be affixed to a sign face. 7. Signs and anchor stubs sholl be removed and holes bockfilled upon completion of work. SIGN SUPPORT WEIGHTS 1. Where sign supports require the use of weights to keep from turning over, the use of sandbags with dry, cohesionless sand should be used. SHEET 4 OF 1 2 2, The sandbags will be tied shut to keep the sand from spilling and to maintain a constant weight. o Traffic 3. Rock, concrete, iron, steel or other solid objects shall not be permitted Operations for use as sign support weights. Texas DepartmentDivision of Standard 4. Sandbags should weigh a minimof 35 Ibs and a maximum of 50 lbs. S. Sandbags shall be made of a durable material that tears upon vehicular impact. Rubber (such as tire inner tubes) shall NOT be used. 6. Rubber ballasts designed for channelizing devices should not be used for BARRICADE AND CANS T RUC T I ON ballast on portable sign supports. Sign supports designed and manufactured with rubber bases may be used when shown on the CWZTCD list. TEMPORARY SIGN NOTES 7. Sandbags sholl only be placed along Or laid over the base supports of the traffic control device and shop not be suspended above ground level or hung with rope, wire, chains or other fasteners. Sandbags shall be placed along the length of the skids to weigh down the sign support, 8. Sandbags shall NOT be placed under the skid and sholl not be used to level B C 4 ' , sign supports placed on slopes. FLAGS ON SIGNS ue: hc-13,dgn er+= Tx00T Icn:IxDOfloe. TxDOT ju-0 DOT 1. Flags may be used to draw attention to warning signs. When used the flog © Tx001 Novernynr 20DZ con, seer# Boa yleNwar sholl be 16 inches square or larger and shall be orange or fluorescent nEVISIoos I1 red -orange in color. Flags shot[ not be allowed to cover any portion of 9-07 DIS, tour,;^ seer no. the sign face. 7-13 y� 1 5 +-a a c c a�- UN7 O L W a-N �cv CNO a0N C + 0 a 0X0 .° r > L +00 00 n +N X- §L moo N00 Oa N n+ T,L �oo c00 0 + NO O NO o t~o «00 °(uc ovo w 3E0 �1I� ._ - c u �+ d .2 '0 Maximum 21 sq. ft. of sign face 'ns 4x4 wood / post See BC(4) f 4x4 - - wood - - �post 2x6 s 27" } 4x4 72' block Tap 4x4 wood post Maximum 12 sq. ft, of 0 f,, sign face II II II II It _ �c —24.1 i 24 's,"5kid 2x6 - � 2x6 60" 4x4 block I - - / Length of skids may be increased for additional stability. 30, or sign height 2x4 x 40' 24. Tap See BC44) requirement 2x6 �; for sign 24" 2x4 brace height I 1 requirement 3/8' bolts w/nuts or x 3 1/2" 1I I I _,1I C�� I!•'E� •� (min.) log 1(\ screws Front 40" 36' f 4x4 block 4x4 block Front Sloe Sipe SKID MOUNTED WOOD SIGN SUPPORTS LONG/INTERMEDIATE TERM STATIONARY - PORTABLE SKID MOUNTED SIGN SUPPORTS ❑ �thin9 sq. ft. or less- extruded ° thiwall plastic sign only 0 \ 1 3/4" x 1 3/4" x 11 foot 12 go post ` (DO NOT SPLICE) 1 3/4" gaiv. round with 5/16" holes or 1 3/4" x 1 3/4" square tubing Upright must telescope to �, o s• �)• m o o provide T' height CCCtttyyy���111✓✓✓ above pavement 48" a 5• Din at angle • " ' ' • ' needed to 36" match sideslope Welds to start on c opposite sides going in opposite directions. Minimum weld, do not 48 -2" x 2" x back fill puddle. 12 go, weld upright 2„ _2..........%..........y �c •weld starts here starts here -�— weld 5' SINGLE LEG BASE Side View 16 sq, ft. or less of any rigid sign substrate listed in section J.2.d of the CWZTCD, except 5/8" plywood. 1/2" plywood is allowed. .... 1 3/4 " x 1 3/4 " x 129" (hole to hole) 12 go. support telescopes into sleeve , 1 3/4 " x 1 3/4 " x 52' thole to hole) 12 go. square perforated tubing diagonal brace --•� 1 3/4 • x 1 3/4 " x 32' 4hole to hole) 12 ga. square perforated tubing cross brace 3/11" X 4-1/2 or. 5 BOLT (TYP.) aft # -AA 6o u 32' � Sign 4•1 Sign 4 0 Sign Sign y Past :: Post Post Post ., . . Fooe H �o� : Kde.-rtOe 50<�0� •/1 G G All 9., 4" 4" max./mox. desirable max• 34' min. in Opt iono 1 48" ; ; strong soils, reinforcing i minimum :: 55' min. in sleeveBose weak soils. �34-,in. in[1/2" largerSee the CWZTCD Post transoils,than sign for embedmen#. • 55" min. in j posts x IB' ; weak soils. • • Anchor Stub • : . . .. (1/4" larger � + Anchor Stub than sign % (1/4" larger . post) - ; ; than sign past OPTION I OPTION 2 OPTION 3 Y (Direct Embedment) (Anchor Stub) (Anchor Stub and Re'nforc'n St a }} 0 3/8" x 3" or. 5 bolt (2 per support) joining Sign panel and supports r e N N � N o N - 1 1 g eve WING CHANNEL PERFORATED SQUARE FETAL TUBING Lzis?plice/base boEted anchor GROUND MOUNTED SIGN SUPPORTS Refer to the CWZTCD and the manufacturer's instal lotion procedure for each type sign support. The maximum sign square footage shall adhere to the manufacturer's recommendof!on. Two post i nato I I at i ons con be used for larger signs. 1 1/2" Dio (typ) WEDGE ANCHORS Both steel and plastic Wedge Anchor Systems as shown 4" H 6" 18" on the SMD Standard Sheets may be used as temporary sign supports for signs up to 10 square feet of sign face. They may be set in concrete or in sturdy soils if approved by the Engineer. (See web address for "Traffic Engineering Standard Sheets" on BC41)). o OTHER DESIGNS 4 MORE DETAILS OF APPROVED LONG/INTERMEDIATE Direction of Traffic AND SHORT TERM SUPPORTS CAN BE FOUND ON THE CWZTCD LIST, SEE BC(1) FOR WEBSITE LOCATION. GENERAL NOTES Nominal Number Maximal) Minimum Drilled 1. NoiIs may be used in the assembly of wooden sign Post of Sq. feet of Soil Hole(s) supports. but 3/8" bolts with nuts or 3/8' x 3 1/2' Size Posts Sign Face Embedment Required 4 x 4 1 12 36' NO log screws must be used on every joint for final connection. 4 x 4 2 21 36" NO 2. No more than 2 sign posts sholl be placed within a 4 x 6 1 21 36" YES 4 x 6 2 36 36" YES 7 ft. circle, except for specific materials noted on the CWZTCD List. WOOD POST SYSTEM FOR GROUND 3. When project is completed, oil sign supports and foundotions shoe I be removed from fhe project site. MOUNTED SIGN SUPPORTS This will be considered subsidiary to Item 502. 1 3/4 " x 1 3/4 " x 129' 4hole to hole) 12 go, square perforated tubing upright 2" x 2" x 59" (hole to hole) 12 go. perforated tubing skid 60" 3' SKID MOUNTED PERFORATED SQUARE STEEL TUBING SIGN SUPPORTS `O 3/8 " x 3' or. 5 bolt N Completely welded around tubing 2"x2"x8" (hole to hole) 12 go, square perforated tubing sleeve welded to skid ❑ See BC(4) for definition of 'Work Duration," Wood sign posts ABIST be one piece. Splicing will N07be allowed. Posts shall be pointed white. See the CWZTCD for the type of sign substrate that con be used for each approved sign support. SHEET 5 OF 12 • Traffic Operations ,Texas Department of Transportation Standard BARRICADE AND CONSTRUCTION TYPICAL SIGN SUPPORT BC (5) —13 FILE: bc-13.dgn DN. TxaOT JcK:(xD01Jon: TOOT JcK:Tx0DT ©TxDGT November 2007 core) srcr .eoe H10HRAY HEV I510115 9-07 I ME M.NTY SH(EI u0. WHEN NOT IN USE, REMOVE THE PCMS FROM THE RIGHT-OF-WAY DR PLACE THE PCMS BEHIND BARRIER OR GUARDRAIL WITH SIGN PANEL TURNED PARALLEL TO TRAFFIC PORTABLE CHANGEABLE MESSAGE SIGNS >,c I. The Engineer/Inspector shall approve oil messages used on portable C.? changeable message signs (PCMS). i 2. Messages on PCMS should contain no more than 8 words lobout four to ceight characters per word), not including simple words such as "TO," + o "FOR," "AT,' etc. e " w S. Messages should consist of a single phase, or two phases that or- w alternate. Three-phase messages are not allowed. Each phase of the a + message should convey a single thought, and must be understood by 4- itself. z 4. Use the word "EXIT" to refer to on exit ramp on a freeway; i.e., + w "EXIT CLOSED.' Do not use the term 'RAMP." a 5. Always use the route or interstate designation (1H, US, SH, FM) a n + along with the number when referring to a roadway. di c 6. When in use the bottom of a stationary PCMS message panel should be u w a minimum 7 feet above the roadway, where possible. o $ L T. The message term "WEEKEND` should be used only if the work is to L L U) start on Saturday morning and end by Sunday evening at midnight, ac° o Actual days and hours of work should be displayed on the PCMS if work � 4, is to begin on Friday evening and/or continue into Monday morning. m o 8. The Engineer/Inspector may select one of two options which are ovail- c o able for displaying a two-phase message on a PCMS. Each phase may be 00 .n displayed for either four seconds each or for three seconds each. w 9. Do not "flash" messages or words included in a message. The message y y should be steady burn or continuous while displayed. x X W 10. Do not present redundant information on o two-phase message; i.e., r + keeping two lines of the message the same and changing the third line. L y II. Do not use the word "Danger" in message. >1.. 12, Do not display the message "LANES SHIFT LEFT' or "LANES SHIFT RIGHT' AP o,°, on a PCMS. Drivers do not understand the message. n n 13. Do not display massages that scroll horizontally or vertically across the face of the sign. c 3 0 14. The following table lists abbreviated words and two -word phrases that 0 L are acceptable for use on a PCMS. Both words in o phrase must be a8 displayed together. Words or phrases not on this list should not be w 3 « abbreviated, unless shown in the TMUTCD. ni3 15. PCMS, character height should be at least 18 inches for trailer mounted o c o units. They should be visible from of least 1/2 t.51 mile and the text ii ° should be legible from at least 600 feet at night and 900 feet in a W daylight. Truck mounted units must hove a character height of 10 inches o and must be legible from of least 400 feet. y o ° 16. Each line of text should be centered on the message board rather than m left or right justified. c 17. If disabled, the PCMS should default to an illegible display that will a } >%L not olorm motorists and will only be used to olert workers that the o 0, a PCMS has malfunctioned. A pattern such as a series of horizontal solid N o o bars is appropriate. tu 7Em J� NL m c WORD OR PHRASE ABBREVIATION WORD OR PHRASE ABBREVIATION o YO Access Road ACCS RD Me or MAJ Alternate ALT Mies MI Avenue AVE Miles Per Hour MPH Best Route BEST ATE Minor MNR Boulevard BLVD Monday WON Bridge 8RDG Normal NORM Cannot CANT North N Center CTR Northbound (route) N Construction Parking PKING CONST AHD Ahead Road RD CROSSING XING RiyQM Lane AT LN Detour Route DETOUR ATE Soiurdo�.1 SAT Do Not DONT Service Road SERV RD East E Shoulder SHLDR Eastbound (route) E Slippery SLIP €meraency EMER South S Emeroenev Vehicle EMER VEH Southbound (route) S Entrance Enter ENT Sppeeed SPD Express [one EXP LN Sfrest ST Expressway EXPWY Sunday SUN XNX Feet xxxx FT Telephone PHONE Foo Ahead FOG AND T��o�rory TEMP Freeway FRWY FWY Aursday THURS Freeway Blocked FWY hJKD To Down own TO DWNTN FridayY FRI Traffic TRAF Hozordous Driving, HAZ DRIVING Travelers TRVLRS Hazardous Material HAZMAT Hiah-OCCUDOnCY HDV Time Minutes TIME MIN Vehicle HWY Upper Level UPR LEVEL Highway Vehicles ls; Q1 VENS Hour(si HT HAS ITS Warninga WAfYN Information INFO Wednesda WED I Junction JCS Wei$pht Limit WT LIMIT Left LFT West W Westbound (route) IN Left Lane LIFT LN Wet Pavement WET PVMT Lone Closed LN CLOSED Will Not WONT Lower Level LWR LEVEL Maintenance MAINT Roadway odesignotlon n IH-number, US -number, SH-number, FM -number RECOMMENDED PHASES AND FORMATS FOR PCMS MESSAGES DURING ROADWORK ACTIVITIES (The Engineer may approve other messages not specifically covered here.) Phase 1: Condition Lists Road/Lone/Romp Closure List FREEWAY FRONTAGE CLOSED ROAD X MILE CLOSED ROAD SHOULDER CLOSED CLOSED I AT SH XXX XXX FT ROAD RIGHT LN CLSD AT CLOSED FM XXXX XXX FT RIGHT X RIGHT X LANES LANES CLOSED OPEN CENTER I DAYTIME LANE LANE CLOSED III CLOSURES NIGHT I-XX SOUTH LANE EXIT CLOSURES CLOSED VARIOUS EXIT XXX LANES CLOSED CLOSED X MILE EXIT RIGHT LN CLOSED I TO BE I CLOSED MALL X LANES DRIVEWAY CLOSED CLOSED TUE - FRI Other Condition List ROADWORK ROAD XXX FT REPAIRS XXXX FT FLAGGER LANE XXXX FT NARROWS ( XXXX FT RIGHT LN TWO-WAY NARROWS TRAFFIC XXXX FT XX MILE MERGING CONST TRAFFIC TRAFFIC XXXX FT XXX FT LOOSE UNEVEN GRAVEL LANES XXXX FT XXXX FT DETOUR ROUGH X MILE ROAD XXXX FT ROADWORK ROADWORK PAST NEXT ( SH XXXX FRI-SUN BUMP U5 XXX XXXX FT EXIT X MILES TRAFFIC LANES SIGNAL SHIFT xxxx FT i F xxxxxxxx ] BL V D ] LANES SHIFT in Phase I must be used with STAY IN LANE in Phase 2. CLOSED APPLICATION GUIDELINES I. Only 1 or 2 phases are to be used on a PCMS. 2. The 1st phase for both) should be selected from the "Rood/Lane/Romp Closure List" and the 'Other Condition List". 3. A 2nd phase can be selected from the "Action to Take/Effecf on Travel, Location, General Warning, or Advance Notice Phase Lists". 4. A Location Phase is necessary only if a distance or location is not included in the first phase selected. 5. If two PCMS are used in sequence, they must be separated by a minimum of 1000 ft. Each PCMS shall be limited to two phases, and should be understandable by themselves. 6. For advance notice, when the current date is within seven days of the actual work date, calendar days should be replaced with days of the week. Advance notification should typically be for no more than one week prior to the work. Phase 2: Possible Component Lists Action to Take/Effect on Travel List MERGE RIGHT DETOUR NEXT x EXITS USE EXIT XXX STAY ON L xxx SOUTH TRUCKS USE US XXX N WATCH FOR TRUCKS EXPECT DELAYS REDUCE SPEED XXX FT USE OTHER ROUTES STAY IN LANE X FORM X LINES RIGHT USE XXXXX RD EXIT USE EXIT I-XX NORTH USE I-XX E TO I-XX N WATCH FOR TRUCKS EXPECT DELAYS PREPARE TO STOP f END SHOULDER USE WATCH FOR WORKERS WORDING ALTERNATIVES Location List AT III FM xxxx BEFORE RAILROAD CROSSING NEXT X MILES PAST US XXX EXIT f xxxxxxx TO XXXXXXX us xxx TO FM XXXX Warning List SPEED LIMIT XX MPH MAXIMUM SPEED XX MPH MINIMUM SPEED XX MPH ADVISORY SPEED XX MPH RIGHT LANE EXIT USE CAUTION DRIVE SAFELY DRIVE WITH CARE X * See Application Guidelines Note 6. I. The words RIGHT, LEFT and ALL can be interchanged as appropriate. 2. Roadway designations IH, US, SH, FM and LP can be interchanged as oppropriote. 3. EAST, WEST, NORTH and SOUTH (or abbreviations E, W, N and S) can be interchanged as appropriate. 4. Highway names and numbers replaced as oppropriote. 5. ROAD, HIGHWAY and FREEWAY con be interchanged os needed. 6, AHEAD may be used instead of distances if necessary. 7. FT and MI, MILE and MILES interchanged as appropriate. 8. AT, BEFORE and PAST interchanged as needed, 9. Distances or AHEAD can be eliminated from the message if a location phase is used. PCMS SIGNS W[THIN THE R.O.W. SHALL BE BEHIND GUARDRAIL OR CONCRETE BARRIER OR SHALL HAVE A MINIMUM OF FOUR (4) PLASTIC DRUMS PLACED PERPENDICULAR TO TRAFFIC ON THE UPSTREAM SIDE OF THE PCMS, WHEN EXPOSED TO ONE DIRECTION OF TRAFFIC. WHEN EXPOSED TO TWO WAY TRAFFIC, THE FOUR DRUMS SHOULD BE PLACED WITH ONE DRUM AT EACH OF THE FOUR CORNERS OF THE UNIT. FULL MATRIX PCMS SIGNS 1. When Full Matrix PCMS signs ore used, the character height and legibility/visibility requirements shop be maintained a$ listed in Note 15 under "PORTABLE CHANGEABLE MESSAGE SIGNS' above. 2. When symbol signs, such as the "Flogger Symbol"4CW20-T) are represented graphically on the full Matrix PCMS sign and, with the approval of the Engineer, it shall maintain the legibility/visibility requirement listed above. 3. When symbol signs are represented graphically on the Full Matrix PCMS, they sholl only supplement the use of the static sign represented, and shall not substitute for, or replace that sign. 4. A full matrix PCMS moy be used to simulate a flashing arrow board provided it meets the visibility, flash rate and dimming requirements on BC(7), for the soma size arrow. ** Advance Notice List TUE-FRI XX AM- X PM APR XX- XX X PM-X AM BEGINS MONDAY BEGINS MAY XX MAY X-X XX PM - XX AM NEXT FRI-SUN XX AM TO XX PM NEXT TUE AUG XX TONIGHT XX PM- xX AM SKEET 6 Of 12 • Traff ic f Operations ,Texas Department of Transportation Division Standard BARRICADE AND CONSTRUCTION PORTABLE CHANGEABLE MESSAGE SIGN (PCMS) BC(6) 13 f ILE: be-13. dgn m': JX00T CK. TxDDi l ax: HOOT I m IxpDi ;xbof Nmveml�er 2002 cor+r setrl ao¢ PlcPwnr PEVIS10P5 IJ 9 D7 CL$T COUNIf SHEEr 110. Iuo U•- C N u1 - U � oaiL L L aa0 41 C C 9 O/ L C N O P0N oa o �x uNi �rL L Ci C,NL tWo ou oyc_ �o mio L a," aoo on O L 40 u 00 >,L voo a D L L COP + + mr o On a CH+ TD wnv °mc moo ocm�+ �a w • C C+I M 4C•- + V1 C w o J&o 1. Barrier Reflectors shall be pre -qualified, and conform to the color and reflectivity requirements of DMS-8600. A list of prequalifled Barrier Reflectors can be found at the Moterlol Producer List web address shown on BC111. 2. Color of Barrier Reflectors shall be as specified in the TMUTCD. The cost of the reflectors shall be considered subsidiary to Item 512. !er ectors CONCRETE TRAFFIC BARRIER (CTB) See D & OM (VI 3. Where traffic is on one side of the CTB, two (2) Barrier Reflectors shall be mounted in approximately the midsection of each section of CTB. An alternate mounting location is uniformly spaced at one end of each CTB, This will allow for attachment of o barrier grapple without damaging the reflector. The Barrier Reflector mounted on the side of the CTB shall be located directly below the reflector mounted on top of the barrier, as shown in the detail above. 4. Where CTB separates two-way traffic, three barrier reflectors shall be mounted on each section of CTB. The reflector unit on top shall have two yellow reflective faces (Bi-Directional)while the reflectors on each side of the barrier shall hove one yellow reflective face, as shown in the detail above. 5. When CTB separates traffic traveling in the sane direction, no barrier reflectors will be required on top of the CTB. 6. Barrier Reflector units shall be yellow or white in color to match the edgeline being supplemented. 7. Moximum spacing of Barrier Reflectors is forty (40) feet. 8. Pavement markers or temporary flexible -reflective roadway marker tabs shall NOT be used as CTB delineation. 9. Attachment of Barrier Reflectors to CTB shall be per manufacturer's recommendotions. 1O.Missing or damaged Barrier Reflectors shall be replaced as directed by the Engineer. !).Single slope barriers shall be delineated as shown on the above detail. Barrier Reflector on Arrow Boards may be located behind channe11zing devices 1n place for a shoulder !6' halt plastic bracket taper or merg!ng taper, otherwise they shall be deIineoted with four (4) channeIizing devices placed perpendicular to traffic on the upstreom side of traffic. 16 1. The Flashing Arrow Board should be used for all lane closures on multi -lone roadways, or slow moving maintenance or constructlon activities on the travel lanes. 2. Flashing Arrow Boards should not be used on two -lone, two-way roadways, detours, diversions Max. spacing of barrier or work on shoulders unless the "CAUTION" display )see detail below) is used. reflectors is 20 feet. 3. The Engineer/Inspector sholI choose all appropriate signs, barricades and/or other traffic Attach the delineators as per control devices that should be used in conjunction with the Flashing Arrow Board. manufacturer's recommendations. 4. The Flashing Arrow Board should be able to display the following symbols,. LOW PROFILE CONCRETE BARRIER (LPCB) DELINEATION OF END TREATMENTS END TREATMENTS FOR CTB'S USED IN WORK ZONES End treatments used on CTB's in work zones shall meet crashworthy standards as defined in the National Cooperative Highway Research Report 350. Refer to the CWZTCD List for approved end treatments and manufacturers. BARRIER REFLECTORS FOR CONCRETE TRAFFIC BARRIER AND ATTENUATORS inimum of eflectprs facturer's ions. WARNING LIGHTS 1. Warning lights shall meet the requirements of the TMUTCD. 2. Warning lights shall ROT be installed on barricades. 3. Type A -Low Intensity Floshing Warning Lights ore commonly used with drubs. They are intended to warn of or mark a potentially hozardous area. Their use shall be as indicated on this sheet and/or other sheets of the plans by the designation 'FL". The Type A Warning Lights shall not be used with signs manufactured with Type BFLor CFL Sheeting meeting the requirements of Departmental Material Specification DMS-8300. 4. Type-C and Type D 360 degree Steady Burn Lights ore intended to be used in a series for delineation to supplement other traffic control devices, Their use shall be as indicated on this sheet and/or other sheets of the pions by the designation "SR". 5. The Engineer/Inspector or the plans shall specify the location and type of warning lights to be installed on the traffic control devices. 6. When required by the Engineer, the Contractor shall furnish a copy of the warning lights certification. The warning light manufocturer will certify the warning lights meet the requirements of the latest 1TE Purchase Specifications for Flashing and Steady -Burn Warning Lights. 7. When used to delineate curves, Type-C and Type D Steady Barn Lights should only be placed on the outside of the curve, not the inside. 8. The location of warning lights and warning reflectors on drums shall be as shown elsewhere in the plans. Type C Warning Light or WARNING LIGHTS MOUNTED ON PLASTIC DRUMS approved substitute mounted on a 1. Type A flashing warning lights ore intended to worn drivers that they are approaching or are in a potentially hazardous area. drum adjacent to the travel way. 2. Type A random flashing warning lights are not intended for del ineotion and shall not be used in a series. 3. A series of sequential flashing warning lights placed on chonnelizing devices to farm a merging taper may be used for delineation. If used, the successive flashing of the sequential warning lights should occur from the beginning of the taper to the end of the merging toper in order to identify the desired vehicle path. The rate of flashing for each light shall be 65 flashes per minute, plus or minus 10 flashes. 4. Type C and D steady -burn warning lights ore intended to be used in a series to delineate the edge of the travel lane on detours, an lane - - - -I changes, on lane closures, and on other similar conditions. I 5. Type A, Type C and Type D warning lights shall be installed at locations as detailed on other sheets in the plans. I I 6. Warning lights shall not be installed on a drum that has a sign, chevron or vertical panel. [ 7. The maximum spacing for warning lights an drums should be identical to the chonnelizing device spacing. L .-. G •„„E ° WARNING REFLECTORS MOUNTED ON PLASTIC DRUMS AS A SUBSTITUTE FOR TYPE C (STEADY BURN) WARNING LIGHTS 1. A warning reflector or approved substitute may be mounted on a plastic drum as a substitute for a Type C, steady burn warning light of the discretion of the Contractor unless otherwise noted in the plans. 2. The warning reflector shall be yellow in color and shall be manufactured using a sign substrate approved for use with plastic drums listed on the CWZTCD. 3. The warning reflector shall have a minimum retroreflective surface area (one -side) of 30 square inches. Warning reflector may be round 4• Round reflectors shall be fully reflectorized, including the area where attached to the drum, or squore.Must hove a yellow 5. Square substrates must hove a minimum of 30 square inches of reflectorized sheeting. They do not hove to be reflectorized where it reflective surface area of at least attaches to the drum. 30 square inches 61 The side of the warning reflector facing approaching traffic shall have sheeting meeting the color and retroreflectivity requirements for DMS 8300-Type B or Type C. 7. When used near two-way traffic, both sides of the warning reflector shall be reflectorized, 8. The warning reflector should be mounted on the side of the handle nearest approaching traffic. 9. The maximum spacing for warning reflectors should be identicol to the chonnelizing device spacing requirements. r • • • r • • • 0R • 4 CORNER CAUTION ALTERNATING DIAMOND CAUTION • • • • • • • • • • • • • • • • • • • • • DOUBLE ARROW LEFT & RIGHT CHEVRON ARROW LEFT & RIGHT 5. The "CAUTION" display consists of four corner lamps flashing simultaneously, or the Alternating Diamond Caution mode as shown. 6. The straight line caution display is NOT ALLOWED. 7. The Flashing Arrow Board shall be capable of minimum 50 percent dimming from rated lomp voltage. The flashing rate of the lamps shall not be less than 25 nor more than 40 flashes per minute. 8. Minimum lamp "on time' shall be approximately 50 percent for the flashing arrow and equal intervals of 25 percent for each sequential phase of the flashing chevron. 9. The sequential arrow display is NOT ALLOWED. 10. The floshing arrow display is the TxDOT standard, however, the sequential Chevron display may be used during daylight operations. !I. The Flashing Arrow Board shall be mounted on a vehicle, trailer or other suitable support. 12. A Flashing Arrow Board SHALL NOT BE USED to laterally shift traffic. 13. A full motrix PCMS may be used to simulate 0 flashing Arrow Board provided it meets visibility, flash rote and dinning requirements on this sheet for the sale size arrow. 14. Minimum mounting height of trailer mounted Arrow Boards should be 7 feet from roadway to bottom of panel. REQUIREMENTS MINIMUM MINIMUM NUMBER MINIMUM TYPE SIZE OF PANEL LAMPS VISIBILITY DISTANCE ATTENTION WHEN NOT IN USE, REMOVE B 30 60 Flashing Arrow Boards THE ARROW BOARD FROM THE x 13 3/4 mile shall be equipped with RIGHT-OF-WAY OR PLACE THE C 48 x 96 15 1 mile automatic dimming devices. ARROW BOARD BEHIND CONCRETE TRAFFIC BARRIER OR GUARDRAIL. FLASHING ARROW BOARDS TRUCK -MOUNTED ATTENUATORS 1. Truck -mounted attenuators (TMA) used on TXDOT facilities oust meet the requirements outlined in the National Cooperative Highway Research Report No. 350 (NCHRP 350) or the Manual for Assessing Safety Hardware (MASH). 2. Refer to the CWZTCD for the requirements of Level 2 or Level 3 TMAs. 3. Refer to the CWZTCD for a list of approved TMAS. 4. TMAs are required on freeways unless otherwise noted in the plans. 5. A TMA should be used anytime that it con be positioned 30 to 100 feet in advance of the area of crew exposure without adversely affecting the work performance. 6. The only reason a TMA should not be required is when a work area is spread down the roadway and the work crew is on extended distance from the TMA. SHEET 7 OFI2 Traffic Operations jf Texas Department of Transportation Dlvlslon Standard BARRICADE AND CONSTRUCTION ARROW PANEL. REFLECTORS, WARNING LIGHTS & ATTENUATOR �a a BC(7)-13 FILE: bc-13.dgn DD. TX0GT JcK:1x00T1Dw: 100T 1cK=TxD0T © ixD01 November 2002 cMT SECT ,ros H[cknnr REYBIOIJS 9-07 DIST COUNTY SHEET HD. 7-13 IuN.l 5 GENERAL NOTES 1, For long term stotionary work zones on freeways, drums shall be used as the primary chonnelizing device. 2. For intermediate term stationary work zones on freeways, drums should be c v used as the primary chonnelizing device but may be replaced in tangent a w sections by vertical panels, or 42" two-piece cones. In tangent sections 4-1- one-piece cones may be used with the approval of the Engineer but only 0 > if personnel are present on the project at all times to maintain the �1 0 cones in proper position and location. o a w 3. For short term stationary work zones on freeways, drums ore the preferred 1.1 c :1chonnelizing device but may be replaced in topers, transitions and tangent s * sections by vertical panels, two-piece cones or one-piece cones as 0't 0 opproved by the Engineer. Z °g 4. Drums and all related items shot comply with the requirements of the } current version of the "Texas Manual on Uniform Traffic Control Devices" t'� a (TMuTCD) and the "Compliant Work Zone Traffic Control Devices List" 0 a (CWZTCD). 4)0 ; 5. Drums, bases, and related materials shop exhibit good workmanship and } shall be free from objectionable marks or defects that would adversely 0 0 L affect their appearance or serviceability. aL m 6. The Contractor shell hove a maximum of 24 hours to replace any plastic v oco drums identified for replacement by the Engineer/inspector. The replace- ment device must be on approved device. D GENERAL DESIGN REQUIREMENTS .Soo a p,n Pre-quolified plastic drums shall meet the following requirements: W o 1. Plastic drums shall be a two-piece design, the "body" of the drum shall 0 o y be the top portion and the "base" shall be the bottom. m L 2. The body and base shall lock together in such a manner that the body } separates from the base when impacted by a vehicle traveling at a speed a)v of 20 MPH or greater but prevents accidental separation due to normal } 0 0 handling and/or air turbulence created by passing vehicles. 3. Plastic drums shall be constructed of lightweight flexible, and n o'" deformable materials. The Contractor shalt NOT use metal drums or cC ; a single piece plastic drums as chonnelization devices or sign supports. y 4. Drums shall present a profile that is o minimum of 18 inches in width i o 0 of the 36 inch height when viewed from any direction. The height of a } drum unit [body installed of base) shall be a min€mum of 36 inches and wn a maximum of 42 inches. >.L 5. The top of the drum shop have a built-€n handle for easy pickup and v 04-- shall be designed to dro€n water and not collect debris. The handle 10 c o w shall have a minimum of two widely spaced 9/16 inch diameter holes to o w C allow ottachment of a warning light, warning reflector unit or approved w i o compliant sign. 00 a 6. The exterior of the drum body shall hove a minimum of four alternating } orange end white retroreflective circumferential stripes not less than .00 4 inches nor greater than 8 inches in width. Any non-reflectorized 0 d c space between any two adjacent stripes shall not exceed 2 inches in �va width. a E 0 T. Boxes mall hove o moximlun width of 36 inches, a maximum height of 4 Q L v)w Inches, and a minimum of two footholds of sufficient size to allow base u ~lo * to be held down while separating the drun body from the base. 2 C w 8. Plastic drums shall be constructed of ultro-violet stabilized, orange, o Y a high -density polyethylene (HDPE) or other approved material, 9. Drum body shot hove a maxilmlm unbol lasted weight of 11 lbs. 10.Drum and base shall be marked with manufacturer's name and model number. RETROREFLECTIVE SHEETING 1. The stripes used on drums shall be constructed of sheeting meeting the color and retroreflectivity requirements of Departmental Materials Specification DMS-8300, "Sign Face Materials." Type A reflective sheeting shall be supplied unless otherwise specified in the plans. 2. The sheeting shall be suitable for use on and shall adhere to the drum surface such that, upon vehicular €mpoct, the sheeting shall remain adhered in -place and exhibit no de(aminaftng, cracking, or loss of retroreflectivity other than that loss due to abrasion of the sheeting surface. BALLAST I. Unbol lasted bases shall be large enough to hold up to 50 lbs. of sand. This base, when filled with the ballast material, should weigh between I n I xi 35 bs mini I { mum and 50 bs fmo mull. The ballast may be Sand in one to three sandbags separate from the base, sand in a sond-filled plastic base, or other ballasting devices as approved by the Engineer. Stacking of sandbags will be allowed, however height of sandbags above pavement surface may not exceed 12 inches. 2. Bases with built-in ballast shall weigh between 40 lbs, end 50 tbs. Built-in ballast con be Constructed of on integral crumb rubber base or a solid rubber base. 3. Recycled truck tire sidewolls may be used for ballast on drums approved for this type of ballast on the CWZTCD list. 4. The ballast shall not be heavy objects, water, or any material that would become hazardous to motorists, pedestrians, or workers when the drum is struck by a vehicle. 5. When used in regions susceptible to freezing, drums shall hove drainage holes in the bottoms so that water will not collect and freeze becoming a hazard when struck by a vehicle. 6. Ballast shall not be placed on top of drums. Lim 7. Adhesives may be used to secure base of drums to pavement. a� Handle Top should not allow collection water or debris 4" 4' min 8" max (tVD)- 18, min 9/16" die, (typ) for mounting signs and warning lights Each drum shall hove a minimm of 2 orange and 2 white stripes using Type A retro- reflective sheeting with the top stripe being orange. '- Toper to allow for stacking a minimum of 5 x - drums Bose (36" dim, mox) CWI 6L _ � 3 24" €� - 36" 4��� 12" I 450Y?' " 4" Orange 4" White a�,_ DIRECTION INDICATOR BARRICADE 8" 1. The Direction Indicator Barricade may be used in topers, transitions, and other areas where specific directional guidance to drivers is necessary. 2. If used, the Direction Indicator Borr7code should be used in series to direct the driver through the transition and into the intended travel lane. 3. The Direction Indicator Barricade shall consist of One -Direction Large Arrow (CWI-6) Sign in the size shown with a black arrow on a background of Type BFLor Type CFLOrange retroreflective sheeting above a rail with Type A retroreflective sheeting In alternating 4" white and orange stripes sloping downward at on angle of 45 degrees in the direction road users are to pass. Sheeting types shall be as per DNS 8300. 4. Double arrows on the Direction Indicator Barricade will not be allowed, 5. Approved manufacturers ore shown on the CWZTCD List. Ballast shall be as approved by the manufacturers instructions. 36" Detectable This detail is not intended for fabrication. See note 3 and the CWZTCD list for providers of approved Detectable Pedestrian Barricades nuous smooth for hand trailing 1 2" Max. DETECTABLE PEDESTRIAN BARRICADES 1. When existing pedestrian facilities are disrupted, closed, or relocated in a TTC zone, the temporary foc€17t7es shall be detectable ono include accessibility features Consistent with the features present in the existing pedestrian facility. 2. Where pedestrians with visual disabilities normally use the closed sidewalk a dev ice ce that is detectable Y a person n b so with a visual disability traveling with the old of a long cane shall be placed across the full width of the closed sidewalk. 3. Detectable pedestrion barricades similar to the one pictured above, longitudinal chonnelizing devices, some concrete barriers, and wood or chain link fencing with a continuous detectable edging can satisfactorily delineate a pedestrian path. 4. Tape, rope, or plastic chain strung between devices are not detectable, do not comply with the design standards in the "AmeriCOCIS with Disobilitiee Act Accessibility Guidelines for Buildings and Facilities (ADAAO)' and should not be used as o control for pedestrian movements. 5. Warning lights shall not be attached to detectable pedestrian barricades. 6. Detectable pedestrian barricades may use B" nominal barricade rolls as shown on BCUO) provided that the top roll provides a smooth continuous rail Suitable for hand trailing with no splinters, burrs, or sharp edges. I e � 1 1 18" x 24" Sign 12' x 24" (Maximum Sign Dimension) Vertical Panel Chevron CWI-8, Opposing Traffic Lone mount with diagonals Divider, Driveway sign D700, Keep Right sloping down towards R4 series or other s€gnS OS approved travel way by Engineer Plywood, Aluminum or Metal sign substrates shall NOT be used on plastic drums SIGNS, CHEVRONS, AND VERTICAL PANELS MOUNTED ON PLASTIC DRUMS 1. Signs used on plastic drums shorI be manufactured us€ng substrates listed on the CWZTCD. 2, Chevrons and other work zone signs with on orange background shall be manufactured with Type BF4 or Type CKrOrange sheeting meeting the color and retroreflectiv(ty requirements of DMS-830D, "Sign Face Material,' unless otherwise specified in the plans. 3. Vertical Panels shall be manufactured with orange Ono white sheeting meeting the requirements of DMS-8300 Type A Diagonal stripes on Vertical Panels shall slope down toward the intended traveled lane. 4. Other sign messages (text or symbolic) may be used as approved by the Engineer. Sign dimensions shall not exceed 18 inches in width or 24 inches in height, except for the R9 series signs discussed in note 8 below. 5. Signs shall be installed using a 1/2 inch bolt (naminol) and nut, two washers, and one locking washer for each connection. 6. Mounting bolts and nuts shorI be fully engaged and adequately torqued. Bolts should not extend more thou 1/2 inch beyond nuts. 7. Chevrons may be pieced on drums on the outside of curves, on merging topers or on shifting tapers. When used in these locations they may be placed on every drum or spaced not more than on every third drum, A minimum of three (3) should be used at each location called for in the plans. 8. 119-9, 119-10, R9-11 and R9-110 Sidewalk Closed signs which are 24 inches wide may be mounted on plastic drums, with approval of the Engineer. SHEET 8 OF 12 Traffic Operations Texas Da Division Department of Transportation A Standard ad BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES BC(8)-13 r[LE: bu-13. dgn ore: TOOT ICK.TxDOTIDK T%DOT ICK:TxmOT © T%DOT November 2002 CON; SEcr JOB I HIGMAr REVISIONS 4-03 7-13 DISI COON:^ sH,er uo. 9-07 102 1 5 co a �m 00 +o Caa °a3 La + N 3 + 00 zw8 . h W 8' to 12" ie a 4" See 4• note 7 4' VP -IL Fixed Base Surface w/ Approved Mount Roadway Adhesive - Base Surface B" to a C 24' +L- min, a VP-IR C 0 D E M 1a" SeIf righting Support FIXED (Rigid or self-righting) B" to 12" 8" to l2" i 4' E e Se 45' 4" note 7 v 4" _r Rigid Support i- 12" minimum embedment depth V V DRIVEABLE 1. Vertical Pone is IVP's) are normally used to channelize traffic or divide opposing lanes of traffic. a" to 12" 2. VP's may be used in daytime or nighttime situations. They may be used of the edge of shoulder drop-offs and - other oreoS such as lone transitions where positive ,- daytime and nighttime delineation is required. The Engineer/Inspector shall refer to the Roadway Design Manual Appendix B "Treatment of Pavement Drop-offs in 4• Work Zones" for additional guidelines on the use of 24" See VP's for drop-offs. min, note 7 36" 3. VP's should be mounted back to back if used at the edge 4" min, of cuts adjacent to two-way two lane roadways, Stripes are to be reflective orange and reflective white and 4" should always slope downward toward the travel lane. 4. VP's used on expressways and freeways or other high Speed roadways, may hove more than 270 square inches - of retroreflective area facing traffic. 5. Self-righting supports are available with portable base. See "Compliant Work Zone Traffic Control Devices List" - (CWZTCD). = 6. Sheeting for the VP's shall be retroreflective Type A conforming to Departmental Material Specification DMS-8300, unless noted otherwise. (Rigid or self-righting) 7. Where the height of reflective material on the vertical panel is 36 inches or greater, a panel stripe of PORTABLE 6 inches shall be used. VERTICAL PANELS (VPS) 12" CW6-4 Panels n mounted T book to back te' Portable, - 36" Fixed or Driveable Bose may be used, or may be mounted on drums. 1. Opposing Traffic Lane Dividers IOTLD) ore delineation devices designed to convert a normal one-way roadway section to two-way operation. OTLD's are used on temporary centerlines. The upward and downward arrows on the sign's face indicate the direction of traffic on either side of the divider. The base is secured to the pavement with on adhesive or rubber weight to minimize movement caused by a vehicle impact or wind gust. 2. The OTLD may be used in combination with 42' cones or VPs. 3. Spacing between the OTLD shall not exceed 500 feet, 42" cones or VPs placed between the OTLD's should not exceed 100 foot spacing. 4. The OTLD shall be orange with a block non - reflective legend. Sheeting for the OTLD shall be retroreflective Type BF(or Type Cn conforming to Departmental Material Specification DMS-8300, unless noted otherwise. The legend shall meet the requirements of DMS-8300. OPPOSING TRAFFIC LANE DIVIDERS IOTLD1 t2" Min. 36" Fixed Base w/ Approved Adhesive (Driveable Base, or Flexible Support con be used) 1. The chevron shall be a vertical rectangle with a minimum size of 12 by 18 inches. 2. Chevrons are intended to give notice of ❑ sharp change of alignment with the direction of trove[ and provide additional emphasis and guidance for vehicle operators with regard to changes in horizontal alignment of the roadway. 3. Chevrons, when used, shall be erected on the out- side of a sharp curve or turn, or on the for side of on intersection. They shall be in line with and at right angles to approaching traffic. Spacing Should be such that the motorist always has three in view, until the change in alignment eliminates its need. 4. To be effective, the chevron should be visible for at least 500 feet. 5. Chevrons Shall be orange with a block nonreflec- five legend. Sheeting for the chevron shall be retroreflective Type BFLor Type CFt conforming to Departmental Material Specification DMS-8300, unless noted otherwise. The legend shall meet the requirements of DMS-8300, 6. For Long Term Stationary use on tapers or transitions on freeways and divided highways self-righting chevrons my be used to supplement plastic drums but not to replace plastic drums. CHEVRONS LONGITUDINAL CHANNELIZING DEVICES (LCD) GENERAL NOTES 1. Work Zone channel !zing devices iIlustroted on this sheet may be installed in close proximity to traffic and ore suitable for use on high or low speed roadways. The Engineer/Inspector shop ensure that spocIng and placement is uniform and in accordance with the "Texas Monuol on Uniform Traffic Control Devices" (TMUTCO). 2. Channelizing devices shown on this sheet may hove a driveable, fixed or portable base. The requirement for self-righting channelizing devices must be specified in the General Notes or other pion sheets. 3. Channel izing devices on self-righting supports should be used in work zone areas where channelizing devices ore frequently impacted by erront vehicles or vehicle related wind gusts snaking alignment of the channel !zing devices difficult to maintain. Locations of these devices shall be detailed else- where in the plons. These devices shall conform to the TMUTCD and the "Compliant Work Zone Traffic Control Devices List' 1CWZTCD). 4. The Contractor shall maintain devices in a clean condition and replace damaged, nonreflective, faded, or broken devices and bases as required by the Engineer/Inspector. The Contractor shall be required to maintain proper device spacing and oligrment. 5. Portable bases Shall be fabricated from virgin and/or recycled rubber. The portable bases shoal weigh a minimum of 30 lbs. 6. Pavement surfaces shall be prepared in a manner that ensures proper bonding between the adhesives, the fixed mount bases and the pavement surface. Adhesives shall be prepared and applied according to the manufacturer's recommendations. 7. The installation and removal of channelizing devices sholl not cause detrimental effects to the final pavement surfaces, including pavement surface discoloration or surface integrity. Driveable bases shall not be permitted on final pavement surfaces. The Engineer/Inspector shall approve all application and remavol procedures of fixed bases. 1. LCDs are aroshworthy, lightweight, deformable devices that are highly visible, have good target value and can be connected together. They are not designed to contain or redirect a vehicle on Impact, 2. LCDs may be used instead of a line of cones or drums. 3. LCDs shall be placed in accordance to application and installation requirements specific to the device, and used only when shown on the CWZTCD list, 4. LCDs should not be used to provide positive protection for obstacles, pedestrians or workers. 5. LCDs shall be supplemented with retroreflective delineation as required for temporary barriers on BC17) when placed roughly parallel to the travel Jones. 6. LCDS used as barricades placed perpendicular to traffic should have at least one row of reflective sheeting meeting the requirements for barricade roils as shown on 8010) placed near the top of the LCD along the full length of the device. WATER BALLASTED SYSTEMS USED AS BARRIERS 1. Water ballasted systems used as barriers shall not be used solely to channelize rood users, but also to protect the work space per the appropriate NCI(RP 350 crashworthiness requirements bored on roadway speed and barrier application. 2. Water ballasted systems used to channelize vehicular traffic shall be supplemented with retroreflective delineation or chonnelizing devices to improve daytime/nighttime visibility. They may also be supplemented with povement markings. 3. Water ballasted systems used as barriers shall be placed in accordance to application and installation requirements specific to the device, and used only when shown on the CWZTCD list. 4. Water ballasted systems used as barriers should not be used for a merging taper except in low speed (less than 45 MPH) urban area&. When used on a taper in o low speed urban area, the taper shall be delineated and the taper length should be designed to optimize rood user operations considering the available geometric conditions. 5. When water ballasted systems used as barriers have blunt ends exposed to traffic, they should be attenuated as per manufacturer recommendations or flared to a point outside the clear zone. If used to channelize pedestrians, longitudinal chonnelizing devices or water ballasted systems must hove a continuous detectable bottom for users of long canes and the top of the unit shall not be less than 32 inches in height, HOLLOW OR WATER BALLASTED SYSTEMS USED AS LONGITUDINAL CHANNELIZING DEVICES OR BARRIERS Minimum Suggested Maximum Posted Formula Desirable Taper Lengths Spacing of Channelizing Speed iF* Devices * 10, 11' 12' On a On a Offset Offset Offset Taper Tangent 30 2 150' 165' 180' 30, 60' 35 L= WS 60 205' 225' 245' 35' 70' 40 265' 295' 320' 40' 80, 45 450' 495' 540' 45' 90, 50 500' 550' 600' 50, 100' 55 L=WS 550' 605' 660' 55' 110, 60 600' 660' 720' 60' 120' 65 650' 715' 780' 65, 130, 70 700' 770' 840' 70' 140' 75 750' 825' 900' 75' 150' s0 800, 880, 960, 80, 160, Toper length& have been rounded off, L•Length of Taper (FT.) IN -Width of Offset (FT.) $-Posted Speed (MPH) SUGGESTED MAXIMUM SPACING OF CHANNELIZING DEVICES AND MINIMUM DESIRABLE TAPER LENGTHS SHEET 9 OF 12 �• I Traffic Operations ,Texas Department of Transportation S a Ision BARRICADE AND CONSTRUCTION 4 CHANNELIZING DEVICES BC (9 ) -13 FILE: be-13. dgn oN TXDOT IcK: Tx00T l ow= T%DDT icK: Txpot ©Ix001 Noveaber 2002 Cam Secr goo HIGI,HhY RFvrsior�s 9 0i DIST C0u11TY SHEET Ho. 7-13 ,ems , rl,b z 1^ J 6Z5 +— ck U •» C Q o•- aN~ UC7 tsdo) OIL LL In CCE N ° v O CNa 00N c + Won N m (a L U a F + +>0 L a,o ou noG C: N aL >oo aaw .in_O T L .0C Law VLL 60P NY O o N O x+ C� + a woo a10O �a NN u `- ID Q �o TYPE 3 BARRICADES 1. Refer to the Compliant Work Zone Traffic Control Devices List (CWZTCD) for details of the Type 3 Barricades and a list of ail materials used in the construction of Type 3 Barricades. Z. Type 3 Barr icodes shall be used at each end of construct ton projects closed to oil traffic. 3. Barricades extending across a roadway should have stripes that slope downward in the direction toward which traffic must turn in detouring. When both right and )eft turns ore provided, the chevron striping may slope downward in both directions from the center of the barricade. Where no turns are provided at a closed road striping should slope downward in both directions toward the center of roadway. 4. Striping of rails, for the right side of the roadway, should slope downward to the left. For the left side of the roadway, striping should slope downward to the right. 5. Identification markings may be shown only on the bock of the barricade rails. The moximum height of letters and/or company logos used for identification shall be 1". 6. Barricades shall not be placed parallel to traffic unless an adequate clear zone is provided. 7. warning lights shall NOT be installed on barricades. 8. where barricades require the use of weights to keep from turning over, the use of sandbags with dry, cohesionless sand is recommended. The sandbags will be tied shut to keep the sand from spilling and to maintain a constant weight. Sand bags shall not be stacked in a manner that covers any portion of a barricade rails reflective sheeting. Rock, concrete, iron, steel or other solid objects will NOT be permitted. Sandbags should weigh o minimum of 35 IDS and a maximum of 50 Ibs, Sandbags shop be made of a durable material that fears upon vehicular impact. Rubber (such as tire inner tubes) shall not be used for sandbags. Sandbags shall only be placed along or upon the base supports of the device and shall not be suspended above ground level or hung with rope, wire, chains or other fasteners. 9. Sheeting for barricades shall be retroreflective Type A conforming to Departmental Material Specification DAIS-8300 unless otherwise noted. Barricodes shall NOT be used as a sign support. AIi n imtm 8 T �� width of nominal Reflective 450 /� /'R / Sheeting 6" 7 inches. TYPICAL STRIPING DETAIL FOR BARRICADE RAIL 4' min, , 8' max. 00 / N Stiffener 'AW Ar Flat rail Stiffener moy be inside or outside of support, but no more than 2 stiffeners shall be allowed on one barricade. TYPICAL PANEL DETAIL FOR SKID OR POST TYPE BARRICADES Alternate Approx. Drums, vertical panels or 42" cones 50' at 50' maximum spacing t )1 Each roadway of a divided highway Shol I be ROAD AONWEE55 barricaded in the same manner, R11-2 CLOSED $Txy 620-6T M4-14L CONTRACTOR 30 feet PERSPECTIVE VIEW Detour _ Roadways—tT The three rails on Type 3 barricades " shall be reflectorized orange and 10, reflective white stripes on one side facing one-way traffic and both sides ��nl �rT�73 m for two-way traffic. �• I I I - Barricade striping should slant �LIL1� IL1111 W downward in the direction of detour, 1. Signs should be mounted on independent supports at a 7 foot g• max, length Type 3 Barricades mounting height in center of roadway. The signs should be a minimum of 10 feet behind Type 3 Barricades. 2. Advance signing shall be as specified elsewhere in the plans. PLAN VIEW TYPE 3 BARRICADE (POST AND SKID) TYPICAL APPLICATION CONES 4" min, orange 2" min 4." min.. white 3"-4" 2•" min. 4" min, orange 6" min. 2" min. 2, min. 3„_4, 4" min. 4" min. white 5'• min. 42" 2" min. 28" min. 4" min. min. men. 1 Two -Piece cones Alternate Approx. MjI 5D l Alin. 2 drums jl Min. 2 drums or 1 Type or I Type 3 bbarricade3 ® STOCKPILE barricade On one-way roods Desirable downstream drums stockpile location or barricade may be is outside Chonnelizinq devices parallel to traffic should be used when stockpile is omitted here clear zone. _ within 30' from travel lone. a TRAFFIC CONTROL FOR MATERIAL STOCKPILES 1. Where positive redirectional capab i I i ty is provided, drams _ r may be omitted. 2. Plastic construction fencing may be used with drubs for safety Os required in the plans. R3. Vertical Panels on flexible support h Typical may be substituted for trans when the Plastic Aran shoulder width i5 less than 4 feet. 4. when the shoulder width is greater PERSPECTIVE VIEW than 12 feet, steady -burn lights may be omitted if drums ore used. These drums 5. Drums must extend the length are not required of the culvert widening. On one-way roadway LEGEND Plastic drum �— " Plastic drun with steady burn light or yellow warning reflector Steady burn warning Itght N or yellow warning reflector w O p ° O � a x/ ® Increase number of plastic drums on the c N side of approaching traffic if the crown a — width makes it necessary. (minimm of 2 and maximum of 4 drums) —ri ® ® _m PLAN VIEW CULVERT WIDENING OR OTHER ISOLATED WORK WITHIN THE PROJECT LIMITS =2" max.-- 3" min. 3" min. min. i One -Piece cones Tubulor Morker 28" Cones shall have a minimum weight of 9 112 Ibs. 42" 2-piece cones shall have a minimum weight of 30 Ibs. including base, 1. Traffic cones and tubular markers shoji be predominantly orange, and meet the height and weight requirements shown above, 2. One-piece cones have the body and base of the cone molded in one consolidated unit. Two-piece cones have a cone shaped body and a separate rubber base, or ballast, that is added to keep the device upright and in place. 3. Two-piece cones may have a handle or loop extending up to 8" above the minimum height shown, in order to aid in retrieving the device. 4. Cones or tubular markers used at night shall hove white or white and orange reflective bands as shown above. The reflective bands shall have a smooth, sealed outer surface and meet the requirements of Departmental Material Specification DMS-8300 Type A. S. 28" cones and tubular markers are generally suitable for short duration and short-term stationary work as defined on BC(4). These should not be used for intermediate -term or long-term stationary work unless personnel is on -site to maintain them in their proper upright position. 6. 4Z' two-piece cones, vertical panels or drums ore suitable for all work zone durations. 7. Cones or tubular markers used on each project should be of the Same size and shape. THIS DEVICE SHALL NOT BE USED ON PROJECTS LET AFTER MARCH 2O14. 3" to 4" 12� I 4- 4, 42° EDGELINE CHANNELIZER 1. This device is intended only for use in place of a vertical panel to channelize traffic by indicating the edge of the travel lone. It is not intended to be used in transitions or tapers. 2. This device shall not be used to separate tones of traffic (opposing or otherwise) or warn of objects. 3. This device is based on a 42 inch, two-piece cone with an alternate striping pattern., four 4 inch retroreflective bonds, with on approximate 2 inch gap between bonds. The color of the band should correspond to the color of the edgeline (yellow for left edgeline, white for right edgeline) for which the device is substituted or for which it supplements. The ref lectorized bands shall be retroreflective Type A conforming to Departmental Material Specification DMS-8300, unless otherwise noted. 4. The base must weigh a minimum of 30 lbs. SHEET 10 OF 12 • I Traffic Operations ,Texas Department of Transportation Division Standard BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES BC(10)-13 F 1Lr: bc- I S. dgn or+: TxDDT I cK TxDOT J aw• TxDOT cK: Tx00T ©TxppT November 2002 GOUT SECTI .gas I Htcwnnv Kvt5lous J-07 7-13 D151 Ct1H11TY SHEET I10, 0 �5 �1 L Vf C Co >7 END -0+" (ROAD WORK +gig ROAD FL' WORK Gro-z L O AHEAD 48" X 24" (See note 2)A 3,+ I I Z i- m CW20-1D ■ I 48" X 48" ■ u r- a (Flags- 9= I w o o N' See note 1) 0 Channelizing L " Devices +La ROAD I/ -OE E (See note 2)A Lco WORK �I L`3 off+ CW2o-1 D AHEAD I t L n m L a i 48" X 48" E o 1 a } c aam (Flags- see 1) o in L % - v•-N c •C note I L 4- 2 0 a r- N UN0 WX 4- X I' I ou�ovi �L x �onl XLC OL I - I ♦ m �°n •° c fou Y3a ■ 10 o wog LOLL Channelizing I a)E 1 >n� Devices L o °cam (See note 2)A I ° m , 0V µ L Q 4) E o 1 101 voo o�+ Channelizing 1 i z 1 ng in L c a° devices may be L 4- +w° omitted If the ° x ,I%9 0 work area is a Do anb minimum of 30' x N w from the nearest �'■ I ,�4� f^ Y +v off+ traveled way.; ?l l Shadow Vehicle • �'� o ,•I,1 with TMA and . ,M eN4 o- v Shadow Vehicle m - _ o J rotatintensity g' ( c m29 with TMA and high a c ,,, flashing, roi Y a intensity rotating, oscillating or flashing, L strobe lights. w oscillating or strobe lights. I ■ (See notes 4 & 5) ���ffj W (See notes 4 & 5) III J u E m L O Io LO a 4 E > O 0 1 In L o 4a I J � x m Channelizing 1 ■ x L f Devices ■ - 1 'i (See note 2)A = ■ * I END w -" 1 E ROAD WORK o v I n G20-2 0 In c 48" X 24" I E 44)) 0 (Se note 2)A 'o 0 " ROAD uoi (n WORK 1 0 AHEAD ■ 40 x ■ X" n Channelizing I CW20-ID Devices 48" X 48" (See note 2)A I (Flags - See notes 1 & 7) ROAD WORK AHEAD 'WCW20- I D TCP (1-1a) TCP (1-1b) (FIags48„ See notes 1 & 7) WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER Conventional Roads Conventional Roads O 4 Channelizing Devices (See note 2) ROAD WORK AHEAD CW20-1D 48" X 48" (Flags - See note I) - ■ V�? I ^ fn ie a E L 0 O I m L L EL ID > O O 0 I to L L N 0 4- x I x_ Work vehicles or other equipment necessary for thl work operation, , as trucks, moveal cranes, etc., shl remain in areas separated from lanes of traffic channelization devices of all t Shadow Vehicle w€th TMA and high intensity rotating, flashir oscillating or strobe lights. (See notes 4 & 5) Channelizing Devices (See not Eh ROAD C20-2 48" X (See rH LEGEND ® Type 3 Barricade ■ ■ Channelizing Devices Truck Mounted E:ZHeavy Work Vehicle ® Attenuator (TMA) I Trailer Mounted JQ� Portable Changeable (Message ' Flashing Arrow Board 1�"�i Sign (PCMS) TEND I .■. Sign a Traffic Flow OAD WORK �Flagger I � Flag � G2O-2 , 48" X 24" (See note 2)A I Minimum Suggested Maximum Minimum ■ ■ I Spacing of Suggested speed Posted Formula Taper Lengths Channelizing Longitudinal ' Spaving 1F Devices Buffer Space IO' 11' 12' On a On a Distance "B" I Offeei0ffsetoffeet Taper Tangent v aN 30 2 150' t65' 180' 30' 60, 120' 90, I 3= 1205' 225' 245' 35' 70' 160' 120' o+ M 0 a� , 60 40 265' 295' 32D' 40' 80, 240' 155' t v' Qe' 45 450' 495' 540' 45' 90, 320' 195, 000 I 50 500' 550' 600' 50, 100, 400, 240, � CaNy I 55 L=WS 550' 605' 660' 55' 110, 500, 295' • ' , 60 600' 660' 720' 60' 120, 600, 350, ♦ I 65 1650' 715' 780' 65' 130' 700' 410' 70 1700' 770' 840' 70' 140' 800' 475' Inactive I 75 1750' 825' 900' 75' 150' 900' 540' Work vehIaIe X Conventional Roads Only (See Note 3)I 4E* Toper lengths have been rounded off. L=Length of Taper(FT1 W=Width of Offset(FT) S=Posted Speed(MPH) ar IC J E TYPICAL USAGE MOBILE SHORT I SHORT TERM INTERMEDIATE LONG TERM oI DURATION STATIONARY TERM STATIONARY I STATIONARY I r,3 4) r jJl ✓ ✓ N GENERAL NOTES L I i. Flags attached to signs where shown are REQUIRED. M , 2. All traff€c control devices IIlustroted are REQUIRED, except those E denoted with the triangle symbol may be omitted when stated elsewhere f in the plans, or for routine maintenance work, when approved by the Engineer. 3. Inactive work vehicles or other equipment should be parked near the right-of-way line and not parked on the paved shoulder. 4. A Shadow Vehicle with a TMA should be used anytime it can be positioned 30 to 100 feet in advance of the area of crew exposure without adversely affecting the performance or quality of the work. If workers are no m I longer present but road or work conditions require the traffic control ! to remain in place, Type 3 Barricades or other channel€zing devices ' may be substituted for the Shadow Vehicle and TMA. I 5. Additional Shadow Vehicles with TMAs may be positioned off the paved surface, next to those shown in order to protect wider work spaces. J 6. See TCP(5-i)for shoulder work on divided highways, expressways and ♦ n I freeways. ♦ 7. CW21-5 "SHOULDER WORK" signs may be used in place of CW20-ID "ROAD WORK AHEAD" signs for shoulder work on conventional (- roadways. w N Im n L E 0 N I For construction or maintenance contract work, specific project requirements for shadow vehicles can be found E 41 in the project GENERAL NOTES for Item 502, o I Ln Barricades, Signs and Traffic Handling. X L ro Texas Deportment of TranspOrtatloR Aff Traffic Qparallams OlVlslon WORK VEHICLES ON SHOULDER Conventional Roads 'O-I D ' X 48" tr 1 ags- See notes 1 & 7) TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP(1-1)-12 © 40T Decelrber 1985 l ox: Tx"oT I CK: MOT I M MOT I CK. MOT REv15]"x5 CpxT 5£C7 JM I HIG"MAY 2-94 2-12 8-95 1-97 I GIST CWHFY SHEET N0. 4-98 I )5 151 ppq+ 3 v0L 51+ CH W x L I- L xLC r >. L W N1 w c+ to ~LO T 'a8p� CnL LLO i n" a L PCL Ntl0 •- o ado COL Lam+ O Drub U)-a Na+u, C N-CZi OEM tlNw w•- a mco sue- aG N sr LA 0 Warning Sign Sequence in Opposite Direction Some as Below YIELD RI-2 421,X42"X42 / TO T o ONCOMING TRAFFIC R1-2oP 48" X 36" (See note 8) Channelizing devices separate work space from traveled way — END ROAD WORT( G20-2 48" x 24" LaCk can U N f 1�r� ♦ T r; o in o •- • C xa N aU ` 15 (U01 i. '�o0 . n�r A Chadow Vehicle with TMA and high intensity rotating, flashing, oscillating or Strobe lights.(See notes 5 & 61 YIELD \ RI -2 42" X 42 " X 42" TO ONCOMING R1 2oP 48" X 36" TRAFFIC (See note 8) x x CW3-2 48" X 48" X ONE LANE ROAD AHEAD CW20-4D 48" X 48" VAHEAD TCP (1 -2a) cWONE LANE TWO-WAYF1'ogs- See note i) CONTROL WITH YIELD SIGNS (Less than 2000 ADT - See note 7) CW20-7 4$" X 48 CW16-2P 24" X 18" (See note 2)AL Except in emergencies, flogger stations shall be illuminated at night Shadow Vehicle with TMA and high intensity rotating, flashing, oscillating or strobe lights, (See notes 5 & 6) Except in emergencies, flogger stations shall be illuminated at night FEND AD WORK G20-2 48" X 24" CWZO-40 48" X 48" ONE LANE ROAD CW3-4 AHEAD 48" X 48" (See note 2)A BE PREPARED TO STOP r DO / Z f �c r Vic. I O r � r �-:; ■ aisi{ cn F M C L L 3 ■ I■ IA � r +c a•- 00 M. N Q. 00 0 0>. ■ ■-■— Cl N X i , X / CW20-7 48" X 48" XXX CW16-2P FEET 24' X 18" (See note 2)A e BE PREPARED TO STOP CW3-4 48" X 48" f See note 2) A, ONE LANE ONE LANE TWO-WAY CONTROL WITH FLAGGERS ROAD X AHEAD cw20-4D AS" X 48" I X ROAD WORK AHEAD CW20-1D 48" X 48" {Flags - See note I) TCP (1-2b) ROAD WORK AHEAD CW20-1D 48" X 48" (Flags - See note 1) END )AD WORK )-2 ' X 24" LEGEND Type 3 Barricade ■ ■ Channelizing Devices Heavy Work Vehicle ® Truck Mounted Attenuotor (TMA) Trailer Mounted (A Portable Chongeobie Flashing Arrow Board Message Sign (PCMS) Sign <�:Il Traffic Flow Flag U-0 Flogger Minim -on Suggested Maximum Minimum Desirable Spacing of SpeedPosted Formula I Taper Lengths Channelizing Sign Suggested Spacing Longitudinal Stopping Sight * Buffer Space Distance io' 11, 12' On a on on a Distance B Offse."fset Offset Taper 30 2 150' 165, 180, 30' 60, 120' 90, 200' 35 ;L= 60 205' 225' 245' 35' 70' ISO, 120' 250' 40 265' 295' 320' 40' 80, 240' 155' 305' 45 450' 495' 540' 45' 90, 320' 195, 360, 50 500' 550' 600' 50' 100' 400' 240' 425' 55 L=WS 550' 605' 660' 55' 110, 500, 295' 495' 60 6004 660' 720' 60, 120' 600, 350' 570' 65 650' 715' 780' 65' 130' 700' 410' 645, 70 700' 770' 840' 70' 140, 800, 475' 730, 75 750' 825' 900' 75' 150, 900, 540' 820, 3'c Conventional Roads Only XX Taper lengths hove been rounded off. L=Length of Toper(FT) W-Width of OffsetiFT) S•POsted Speed(MPH) TYPICAL USAGE MOBILE ON TERMESTATIONARY DUR I STATIONARY TERMT I STEIATEOATION RTER)Y 10, GENERAL NOTES 1, Flags attached to signs where shown are REQUIRED. 2. All traffic control devices illustrated ore REQUIRED, except those denoted with the triangle symbol may be omitted when stated elsewhere in the plans, or for routine maintenonce work, when approved by the Engineer, 3. The CW3-4 "BE PREPARED TO STOP" sign may be installed after the CW20-41) "ONE LANE ROAD AHEAD" sign, but proper sign spacing stroll be mointoined. 4. Sign spacing may be increased or on additional CW20-10 "ROAD WORK AHEAD" sign may be used if advance warning ahead of the flogger or RI-2 "YIELD" sign is less than 1500 feet, 5. A Shadow vehicle with a TVA should be used anytime it can be positioned 30 to 100 feet 1n advance of the area of crew exposure without adversely affecting the performance or quality of the work. if workers are no longer present but rood or work conditions require the traffic control to remain in place, Type 3 Barricades or other channelizing devices may be substituted for the Shadow Vehicle and TMA. 6, Additional Shadow vehicles with TMAs may be positioned off the paved surface, next to those shown in order to protect wider work Spaces. TCP (I-2a) 7. RI-2 "YIELD" sign traffic control may be used on projects with approaches that hove adequate sight distance, For projects in urban areas, work spaces should be no longer than one half city block. In rural areas on roadways with less than 2000 ADT, work spaces should be no longer than 400 feet. B. RI-2 "YIELD" sign with RI-2oP "TO ONCOMING TRAFFIC" plaque shall be placed on a support at a 7 foot minimum mounting height, TCP (1-2b) 9. Floggers should use two-way radios or other methods of communication to control traffic, 10. Length of work space should be based on the obi11ty of fIoggers to communicate. I. If the work space is located near a horizontal or vertical curve, the buffer distances should be increased in order to maintain adequate stopping sight distance to the flogger and a queue of stopped vehicles (see table above). 12. Chonnelizing devices on the center -line may be omitted when a pilot cor is leading traffic and approved by the Engineer. 13. Flo%ers should use 24" STOP/SLOW paddles to control traffic. Flogs should be limifed to emergency situations. For construction or maintenance contract work, specific project requirements for shadow vehicles can be found in the project GENERAL NOTES for Item 502, Barricades, Signs and Traffic Handling. Texos Department of Transportotlon Ir 7rorrfc Operations Division TRAFFIC CONTROL PLAN ONE -LANE TWO-WAY TRAFFIC CONTROL © TXDOT December 1985 REY[s]UNs 4-90 2.12 2-94 1-97 4.90 TCP(1-2)-12 DN: r%p01 ICK: rx00T ID., 7x001 ICII: TXWT cow secr aoe "11—Y I GIST COIMTY sHEEE NO, I f ayo 5 )m cam °c> w 0 Nos a 4- #g4- h4- z}w 11 L a prrp e + L O ac°o §+ a G))OL a- WXL F-- L co 0 XLC a 4) L v'0 n#w m+$R c �a m :) 4- pCr vva L ILD a 00V W~G `L0 n - +'N o F+ u�iNO � C yy C_O Y TA C1 BE CW20-1D P48" X 48 PREPARED " (Flags- ROAD TO STOP See note 1) ROAD WORK WORK CW3-4 tCW20-7 AHEAC CW20-1D AHEAD 48" x 4a"A 4e" X 48"A 48" X 48" For either TCP(1-3a) or TCP(1-3b) (Flogs - See note 1) USE ONLY WHEN FLAGGERS CONTROL TRAFFIC (See Notes 2 & 3) CW1-4R ■ 48" X 48" X X TV CW13-1P MPH r. 24" X 24" (See note 2)A ■ X ■ J c\v � CW1-6aT e 36" X 36" CW1-4R 48" X 48" RXX CWI3-1P 24" X 24" (See note 2)A Shadow Vehicle with TMA and high intensity rotating, flashing, oscillating or strobe lights. (See notes 6 & 7) CW1-4L ' 48" X 48" CW13-1P MPH X' 24" X 24' (See note 2)A ■ T L m V 0 CW1-6aT N 36" X 36" (see note 2)A END G20-2 ]ROAD WORK48" X 24 END ROAD WORK O L G20-2 u, 48" X 24" I ■ m V3V1-6aT X 36" j' (See note 2)A ♦1♦ ♦ N M V ■ Flagger ♦ as needed ■ (See rote 3) CW1-4L ■ ■ ■ X 4e" X 48" X X i CW13-1P /� 24" X 24" ■ (See note 2)A X ■ cli v 44CB" 20-i0 X 48" (Flags- TCP (1 —3a) see note 1) 2—LANE ROADWAY WITH PAVED SHOULDERS ONE LANE CLOSED ADEQUATE FIELD OF VIEW CW1-4R 48" X 48" CW13-1P I MPH 24" X 24" (See note 2) 1 Shadow Vehicle with TMA and high intensity rotating, flashing, oscillating or strobe lights.(See notes 2 & 6)AL Chonnellzing devices placed across closed lone (See note 5) - CWi-4L ■ 48 " X 48" x CW13-1P PH X X 24" X 24" (See note 2)A I o o G 0 �L a ERD moo' ROAD WORK 4 G20-2 48" X 24" f CW1-6aT 36" X 36" Shadow Vehicle with TMA and high intensify rotating, flashing, oscillating or strobe Ilghts.(See notes 6 & 7) CWl 36aT 36" X" X 36" J (See note 2)A CW1-6aTc. �I�I ♦ ♦� 36" X 36" �. MI �i, (See note 2)A ) �r ■ yI %jx4 -4L it ■ ■ X 48" 3-1P 24X 24" m N (See note 2)A a � L 0 -C: Flagger v) as needed END (See rate 3) ROAD G2o-2 ROAD WORK WORK 48" X 24" AHEAD CW20-ID 48" X 48" TCP (1 - 3 b ) Seeanote 1) 2—LANE ROADWAY WITH PAVED SHOULDERS ONE LANE CLOSED INADEQUATE FIELD OF VIEW LEGEND Type 3 Barricade ■ ■ Channelizing Devices �----�r�� Truck Mounted EJ-M Heavy Work Vehicle ® Attenuotor (TMA) Traller Mounted Portable Changeable Flashing Arrow Board A Message Sign (PCMS) .6 Sign a Traffic Flow 0\ Flag 10 Flogger Mtntmum Suggested Maximum minimum Desirable Spacing of Suggested Posted Speed Formula Taper Lengths Channe Il ztng spacing Longitudinal 9ftE Devices Buffer Space 10' 11' 12, On a On a Distance .8 Off8e910ffsetOffset Taper Tangent 30 2 150' 165' 180' 30' 60, 120, 90, 35 L= WS 205' 225' 245' 35' 70' 160, 120' 40 60 265' 295' 320' 40' 80, 240' 155' 45 450' 495' 540' 45, 90, 320' 195' 50 1 500' 550' 600' 50' 100' 400' 240' 55 L=WS 1 550, 605' 660' 55' 110, 500' 295' 60 600' 660' 720' 60' 120' 600' 350, 65 650' 715' 780' 65' 130' 700' 410' 70 700' 770' 840' 70' 140' Boo, 475' 75 750' 825' 900' 75' 150, 900, 540' iE Conventional Roads Only -X-X Taper lengths have been rounded off. L=Length of Toper(FT) W=Wldth of Offset(FT) S=Posted Speed(MPH) TYPICAL USAGE MOBILE SHORT SHORT TERM DUR 014 STATTN ARY TERM STATIONARY I S INTERMEDIATE LONG TATERM Y GENERAL NOTES 1. Flags attached to signs where shown are REQUIRED. 2. All traffic control devIoes €IIustroted are REQUIRED, except those denoted with the triangle symbol may be omitted when stated elsewhere in the plans, or for routine maintenance work, when approved by the Engineer. 3. Flogger control should NOT be used unless roadway oondit€ons or heavy traffic volume require additional emphasis to safely control traffic. Additional floggers may be positioned In advance of traffic queues to alert traffic to reduce speed. 4. DO NOT PASS, PASS WITH CARE and construction regulatory speed zone signs may be installed downstream of the ROAD WORK AHEAD signs. 5. When the work zone Is made up of several work spaces, channelizing devices should be placed laterally across the closed lone to re-emphasize closure, laterally placed channelizing devices should be repeated every 500 to 1000 feet In urban areas and every 1/4 to 1/2 mile in rural areas. 6. A Shadow Vehicle with a TMA should be used anytime it can be positioned 30 to 100 feet in advance of the area of crew exposure without adversely affecting the performance or quality of the work. If workers are no longer present but road or work conditions require the traffic control to remain In place, Type 3 Barricades or other ohannelizing devices may be substituted for the Shadow Vehicle and TMA. 7. Additional Shadow Vehicles with TMAs may be positioned off the paved surface, next to those shown in order to protect wider work spaces. 8. Where traffic is directed over a yellow centerline, channelizing devices which separate two-way traffic should be spaced on tapers of 20', or 15' if posted speed are 35 mph or slower, and for tangent sections, at 1/2S where S is the speed in mph. This tighter device spacing is intended for the area of conflicting markings not the entire work zone. Texas Department of Transportatlon Ar Trafflo Operations QM61on For construction or maintenance TRAFFIC CONTROL PLAN contract work, specific project TRAFFIC SHIFTS ON requirements for shadow vehicles TWO LANE ROADS can be found in the project GENERAL NOTES for Item 502, TCP t 1 —3) —12 Barricades, Signs and Traffic Handling. © U1101 Decefvber 1985 REVISIONS Da: rxoor I CK. TxgoT I DM: TxDOT I CK' TXD0T CWT SECT I 2-94 2-12 .log 1IN"MAY I 8-95 1-97 ]I I DIST CCUkTY SHEET NO. i�5 t5� I I 0 C O D °r w a+ oc TN C+ L LOD 3 a4c T+ z1- � g L dim oa 4, L LO c Layto o+ CLeo � d)0L .4� 09 am H L ym� ou m h 9- +to ,000 Tap C RE v La �C.0 .+. L a 4-+o 0 COa0 IQ N .040 +�w 0F+ NNO NCO F Y m w s U 0 ci w a o LL u. ROAD WORK AHEAD CW20-1 D 48" X 48" (Flags - See note 1) w m n E L 0 a Ln {� L E � 0 0 In L L a o `- X X 11 Shadow vehicle with TMA and high Intensity rotating, flashing, oscillating or strobe lights.(See notes 4 & 5) END ROAD WORK G20-2 48" X 24" ffl�[N , a v k II{j X o L o_a a ■ t+~ ■ O c a L I■ 0 0 a ■ ■ i `— L L X 'o v 0 i N � � IP,7 TCP (1 -4a) ONE LANE CLOSED In ENU ROAD WORK G20-2 48" X 24" LANE 48" X 48" ozs�� ROAD WORK CW20-1D AHEAD 48" X 48. _ (Flags - 4 See note 1) y� r � I x LLANE i T CW20-5TL CLOSED X 48" X 48" 1w, 1 X 1 . J CW1-6aT ■ 36" X 36" ■ ■ ■ (See note 7) Shadow Vehicle with TMA and high Intensity rotating, flashing, oscillating or strobe llghts.(See notes 4 6 5) ROAD ENO WORK ROAD WORK AHEAD G20-2 CW20-1D 48" X 24" 48" X 48" (Flags - See note 1) L w 0 m ♦♦ 0 X CVC a N Q j-- %~ 0 CL in M L END ROAD WORK G20-2 48" X 24" 't2 -AR " X 48" 3-1P X 24" e note 2) A r ■ " ■ ■ s � ■ * cli CWI-6oT * • 36" X 36" • • �^ (See note 2)A ■ A6K J �y -4L 148" X 48" r • 3-1P X 24" note 2)A Le 11 it -' x RIGHT ` LANE X CLOSED i CW20-5TR 48" X 48" x TCP (1 --4b) /ROAD c WORK TWO LANES CLOSED CW20-ID 48" X 48" (Flags - See note 1) LEGEND ® Type 3 Barricade ■ ■ Heavy Work Vehicle Trailer Mounted Flashing Arrow Board M .i S i gn a 0 Flog 10 Minimum Desirable Posted Form uio Taper Lengths Speed tI' 12' Off.0offset Offset 30 2 150' 165' 180' 35 �- 60 60 205' 225' 245' 40 265' 295' 320' 45 450' 495/ 540' 50 500' 550' 600' 55 L=WS 550' 605' 660' 60 600' 660' 720' 65 650' 715' 780' 70 700' 770' 840' 75 750' 825' 900' Channelizing Devices Truck Mounted Attenuator (TMA) Portable Changeable Message Sign (PCMS) Traffic Flow FIagger Suggested Maximum Minim>m Spacing of Sign Suggested Channelizing Spacing Longitudinal Devices ��X„ Buffer Space On a On a Distance ell Taper Tangent 30' 60, 120' 90' 35, 70' 160, 120' 40' 60, 240' 155, 45' 90, 320' 195, 50, 100, 400' 240' 55, 110, 500, 295' 60' 120' 600, 350, 65, 130' 700' 410' 70' 140' 800, 475' 75' 150, 900, 540, Conventional Roads Only �9E Taper lengths have been rounded off. L=Length of Taper(FT) W=Width of Offset(FT) S=Posted Speed(MPH) TYPICAL USAGE MOBILE I OSHORT LON6 TERM UR ON I SHORT 57ATIO ARM I TERM ESTATIONARY RMEDIATE I STATIONARY GENERAL NOTES 1. Flags attached to signs where shown ore REQUIRED. 2. All traffic control devices illustrated are REQUIRED, except those denoted with the triangle symbol may be omitted when stated elsewhere In the plans, or for routine maintenance work, when approved by the Engineer. 3. The CW20-ID "ROAD WORK AHEAD" sign may be repeated if the v€81b111ty of the work zone is less than 1500 feet. 4. A Shadow Vehicle with a TMA should be used anytime It con be positioned 30 to too feet in advance of the area of crew exposure without adversely affecting the performance or quality of the work. If workers are no longer present but road or work condit€ons require the traffic control to remain in place, Type 3 Barricades or other channel izing devices may be substituted for the Shadow Vehicle and TMA. 5. Additional Shadow Vehicles with TMAs may be positioned off the paved surface, next to those shown in order to protect wider work spaces. TCP (1-40) 6. If this TCP is used for a left lane closure , CW20-5TL "LEFT LANE CLOSED" signs shall be used and channelizing devices shall be placed on the cen+erline where needed to protect the work space from opposing traffic with the arrow panel placed In the closed lane near the end of the merging taper. TCP (1-4b) 7. Where traffic is directed over a yellow centerline, channel !zing devices which separate two-way traffic should be spaced on tapers at 20' or 15' if posted speeds ore 35 mph or slower, and for tangent sections, of 1/2S where S is the speed in mph. This tighter device spacing is Intended for the areas of conflicting markings, not the entire work zone. 20 Texas Department of Transporfatlon Trofflc Rpsratlons Dlvlslon For construction or maintenance TRAFFIC CONTROL PLAN contract work, specific project LANE CLOSURES ON MULTILANE requirements for shadow vehicles CONVENTIONAL ROADS can be found in the project GENERAL NOTES TCP (1- 4 l -12 for Item 502, Borriaades, Signs and Troffio Hand ing. ©TxDOT December $985 ION• TXOOT ICK: TXWT IM TXDOT ICO TX001 REYISIOHS '0", SEC' J08 HIG-1 2-99 2-E2 8-95 1-97 I DIST Ca7H'T sriEsr Ho. 4-98 ` 154 I ru�� 5 I m t m O>3 Sow 00 Tm 8 12 6+4 vaac H a+ z�� 0 ¢ C P 22 + L'0 Lr OO tab+ 533 L 0 0 0) 0 560 WO OXL �-L 40 0 XXmc �o¢ +°0 T -Vy L L V a � 3�4 05CL a0+o L L�+o- v C 00 0 W- CC to w o 4- mcv N�O F.Y W 4 V1 0 END ROAD wORKI G20-2 END L L 48" x 24" ROAD WORKI b Q G20-2 0 0 48" X 24" uci ■ o ■ r'fs ?'I 4ID �k51•�� i n o i• ••'IVm In L In cn ly U ■ O C rn L C a (See notes 4 & 5) ■ EX IT ® / E5-1 ■ 48" X 42" • • 1■ • • J �+i�r c , a T• • ,� ■ L 40O L a 3 (See notes 4 & 5) EXIT IN Ica T ■ 0 OPEN m ■ E5-2 ■ i 48" X 36" L • -J n t♦ 'o : `1J I • ® /1�5TR T m J ED • o � 0 48" RIGHT LANE CLOSED CW20-STR See TCP(I-5o) 0 48 X 48"for traffic Ncontrol devices for lane i r closure RDAI3 WORK (� -I-See,TCP(1-5a) 1 MILE for advance warning signs for lane closure CW20-1F 48" X 48" (Flags- TCP (1 -5a) see note 1) TCP (1 -5b) ONE LANE CLOSURE LANE CLOSURE NEAR EXIT RAMPS oRK )ROAD W20-2 / 48" X 24" v -a 5 0 s V1 E O OI ■ U ■ C V) o _ M L (See notes 4 &5) ■ m I �� • • J • NN See TCP(1-5a) for advance warning signs for lane closur LEGEND Type 3 Barricade ■ ■ Chonnelizing Devices r--lr}4 (--m Heavy Work Vehicle ® Truck Mounted Attenuator (TMA) Trailer Mounted Portable Changeable Flashing Arrow Board IVI Message Sign (PCMS) Sign a Traffic Flow Flag 0-0 Flogger Minimum Suggested MaxIMUM Desirable Spaein of g Minimum Suggested Posted Formula Speed Toper Lengths Chonnelizing Sign Spacing Longitudinal it # Dev ces Buffer Space €0, 11' 12' On a On a DIstance B., Offee*Offset Offset Taper Tangent 30 2 150, 165, 180, 30, 60, 120' 90, 35 L= 60 205' 225' 245' 35' 70' 160' 120' 40 265' 295' 320' 40' 80, 240' 155' 45 450' 495' 540' 45' 90, 320' 195, 50 500' 550' 600' 50' 100, 400, 240' 55 L=WS 550' 605' 660' 55' 110, 500, 295' 60 600' 660' 720' 60' 120, 600, 350, 65 �650' 715' 780' 65' 130' 700' 410' 70 700' 770' 840' 70' 140' 800' 475' 75 750' 825' 900' 75' 150' 900, 540' �E Conventional Roads Only X-C Toper lengths have been rounded off. L=Length of Toper(FT) W=width of Offset(FT) S-Posted Speed(MPH) TYPICAL USAGE MOBILE 'RT TERM INTRMEDIATE LONG TERM DURATION I S"TATI ONARY TERMESTATTIONARY I STATIONARY W It GENERAL NOTES I. Flags attached to signs where shown, ore REQUIRED. 2. All traffic control devices Illustrated ore REQUIRED, except those denoted with the triangle symbol may be omitted when stated elsewhere in the plans, or for routine maintenance work, when approved by the Engineer. 3. Channelizing devices used to close lanes may be supplemented with the Chevron Alignment Sign placed on every other channeiizing device. Chevrons may be attached to plastic drums as per BC Standards. 4. Shadow Vehicle with TMA and high intensity rotating, flashing, osoiIIating or strobe 11ghts. A Shadow Vehicle with a TMA should be used anytime it can be positioned 30 to 100 feet in advance of the area of crew exposure without adversely affecting the performance or quality of the work. If workers are no longer present but road or work conditions require the truffle control to remain in place, Type 3 Barricades or other ohannelizing devices may be substituted for the Shadow Vehicle and TMA. 5. Additional Shadow Vehicles with TMAs may be positioned in each closed lane, on the shoulder or off the paved surface, next to those shown In order to protect o wider work space. for lane s If a s needed e which quired amp. CW20RP-3D 48" X 48" LANE CLOSURE NEAR ENTRANCE RAMPS For construction or maintenance contract work, specific project requirements for shadow vehicles can be found in the project GENERAL NOTES for Item 502, Barricades, Signs and Traffic Handling. Texas Department of Transportatlon Ir Traffic Operamom Dlvlslon TRAFFIC CONTROL PLAN LANE CLOSURES FOR DIVIDED HIGHWAYS TCP(1-5)-12 © xl)OT Februory 2012 ON: 7%1 OT ICK: 1XD0T IOW: MOT ICKS T%DOT REVISIONS C-I 5UT J9B NIGlSWRY I GIST COUNTY 511EET W. i fT 5 -s I 1 W C(Dn °�co ,,1- U� t29 C+ L aL4 LOCI v� c # �t z° } w ¢c�m U GaD� 4-LO L C O Gel O L KwF IX- i xLC >_ L t+¢ nT 3 N CLE Lb W 39- aT6 2 v+ LO a +° v poo N r- C NON 4 ,S N o + m•- O ID r.a' O1 w a J 0 CW20-4D 48" X 48" ONE LANE ROAD AHEAD BE PREPARED TO STOP CW" X 48" X 48" / WAIT GO ON ON _ STOP LO R1-7aT R1-BaT 24" X 30" 24" X 30" (See note 14) Shadow vehicle with TMA and high Intensity rotating, flashing, oscillating or strobe lights. (See notes 7 & 8) pia ` m �•7ki.� p ■ :yiLS�. to L ■ ►J ■ M WAIT GO r ON ON j I(1-7aT ■■ .o o�io 24" X 30" 24"SXT30 i�.,..•oEv (See note 14) 6 CDs at ■ 110, 6000in5 =� BE PREPARED ■ TO STOP CW3-q r 48" X 48" VIQ 3 1 ONE LANE ROAD END I s AHEAD CW20-4D ROAD WDRKJ - 48" x 48" G20-2 I x 48" X 24" I s ROAD WORK AHEAD CW20-iD 48" X 48" TCP (1-6a) see°note 1) ONE LANE TWO-WAY CONTROL WITH SIGNS/SLOW AFADs ROAD WORK CW20-10 48" X 48" (Flags - See note 1) CW3-4 46" X 48" STOP -HERE ON - RED " 24X X 36" (See note 15)T Shadow Vehicle with TMA and high Intensity rotating, flashing, oscillating or strobe lights. (See notes 7 & 8) 6 CDs at 10' spacing END ROAD WORK G20-2 - 48" X 24" CW20-4D 48" X 48" ONE LANE ROAD AHEAD + %� ROAD WORK BE AHEAD PREPARED TO STOP + / CW20-11D 48" X 48" / (Flags - See note 1) END �♦ ROAD WORK Q �♦ G20-2 x° '1� ♦ 48" X 24" / °+ 6 CDs at 10' moo o�cA spac I ng / Pa4t OO ♦ �pmo y ti r p STOP HERE ON RED ■■ CX ° U a R10-6 24" X 36° U N (See note 15) O O>. -' N BE PREPARED G + TO STOP CW3 4 ■ 48" X 48" r x Sri, ONE LANE ROAD " AHEAD CW20-4D 48" X 48" y „ x ROAD I s = WORK AHEAD CW20-1D 4B" X 48" (Flags - See note 1) TCP (1 -rob) ONE LANE TWO-WAY CONTROL WITH RED/YELLOW LENS AFADs LEGEND ® Type 3 Barricade ■ ■ Channelizing Devices (CDs) Heavy Work Vehicle ® Truck Mounted Attenuator (TMA) Automated Flogger Assistance Device Portable Changeable (AFAD) Message Sign (PCMS) i Sign a Traffic Flow Flag 10 Flogger Minimum Suggested Maximum MinimumDesirable Posted Speed formula Spacing of Toper Lengths Sign Ch Longltudinoi Suggested Stopping Sight Devices Spacing Buffer Space Distance 10, It, 12, On a On a Distance Offset Offset Offset Taper Tangent 30 2 WS 150' 165' 180' 30' 60, 120' 90, 200, = 205/ 225' 245' 35' 70' 160' 120' 250' 40 60 265' 295' 320' 40' 80, 240, 155' 305' 45 450' 495' 540' 45' 90, 320' 195, 360, 50 500' 550' 600' 50' 100, 400' 240' 425' 55 L=WS 550' 605' 660' 55' 110, 500' 295' 495' 60 600' 660' 720' 60' 120' 600, 350, 570' 65 650' 715' 780' 65' 130, 700' 410, 645' 70 700' 770' 840' 70' 140, BOO' 475' 730' 75 750' 825' 900' 75' 150, 900 540' 820' iE Conventional Roads Only X* Toper lengths have been rounded off. L-Length of Taper(FT) W=Width of Offset(FT) S=Posted Speed(MPH) TYPICAL USAGE MOBILE SHORT SHORT TERM I ESTATIONARY RMEDIATE I LONG TERM pUR ON STATIONARY I TERM STATIONARY GENERAL NOTES 1. Flags attached to signs where shown are REQUIRED. 2. AFADs shall only be used in situations where there Is one lone of approaching traffic in the direction to be controlled. 3. Adequate stopping sight distance must be provided to each AFAD location for approaching traffic. (See table above). 4. Each AFAD shall be operated by a qualified/certified flogger. Flaggers operating AFADs shall not Isave them unattended while they are in use. 5. One flogger may operate two AFADs only when the flogger has an unobstructed view of both AFADs and of the approaching traffic in both directions. 6. When pilot cars are used, a flogger controlling traffic shell be located on each approach. AFADs shall not be operated by the pilot car operator. 7. Ail AFADs shall be equipped with gate arms with an orange or fluorescent red -orange flog attached to the end of the gate arm. The flag shall be a minimum of 16" square. 8. A Shadow vehicle with a TMA should be used anytime it can be positioned 30 to 100 feet in advance of the area of crew exposure without adversely affecting the performance or quality of the work, If workers are no longer present but road or work conditions require the traffic control to remain in place, Type 3 Barricades or other chonneItzing devices may be substituted for the Shadow Vehicle and TMA. 9. Additional Shadow vehicles with,TMAs may be positioned off the paved surface, next to those shown in order to protect wider work spaces. 10. Flaggers should use two-way radios or other methods of communication to control traffic. It. Length of work space should be based on the ability of floggers to communicate. 12. If the work space is located near a horizontal or vertical curve, the buffer distances should be increased in order to maintain stopping sight distance to the AFAD. 13. Channelizing devices on the center line may be omitted when a pilot car Is leading traffic and approved by the Engineer. 14. The R1-7oT "WAIT ON STOP" sign and the R1-8oT "GO ON SLOW" sign shall be instoIIed at the AFAD Icoat Ion on separate supports or they may be fabricated as one 48" x 30" sign. They shall not obscure the face of the STOP/SLOW AFAD. 15. The R10-6 "STOP HERE ON RED' arrow sign shall be offset so as not to obscure the lenses of the AFAD. 0 Texas Department of Transportaflon Traffic Operatlons Division TRAFFIC CONTROL PLAN For construction or AUTOMATED FLAGGER work, especificntract project ASSISTANCE DEVICES requirements for shadow vehicles can ( A F A D S l be found to the protect GENERAL NOTES TCP (1-6) —12 for item 502, Barricades, Signs and Traffic Handling. OTxOOT Februory 2012 €w Txoar ICK, TXDOT low:3 TUOT 'CK• TxOOT flEY1510H5 CONT SECT 30& } ![IGNWAY l DIST COUNTY I SHEET NO l P 00f 5`5 156 1 EXHIBIT B PAYMENT SCHEDULE ❑ The Contractor must submit monthly invoices to the City, accompanied by an explanation of charges, fees, services, and expenses. The City will pay such invoices in compliance with the Texas Prompt Payment Act. •' ❑� 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: TAMU Post Game Day Traffic Control for the 2024 Football Season (7 games) Not to Exceed: $128,800.00 Item Usorlpfian Bu4Boin1 CAM* TrA QWd MA TO W Cal Contract No. 24300610 General Service Contract Form 08-10-2021 PHP.e UOM Orylaay N UOM Total", {S2.048.89) Pef EaCh T 1 7 Total 14 .23) SM 446.99 Per E3M T 1 T $149,142.29 Page 148 of 525 QUOTATION BUYERS HOUSTON - Remittance Address P.O. Box 95587 Quote Date Quote ID Grapevine, TX 76099-9709 7/15/2024 I MC071524COCS 281-453-6400 Valid Through: 6/13/2024 City Of College Station Michael Holmes PO Box 9960 College Station, TX 77842 Phone: 979-764-6247 Job Location: Gameday Traffic Control 2024 City Of College Station Quote Created By: Mikey Item Description Price UOM Qty/Day # of UOM Total Qty. Total Gameday Traffic Control 2024 (Price per Game) 10% ($2,048.89) Per Each 7 1 7 ($14,342.23) BuvBoard Discount Gameday Traffic Control 2024 (Price per Game) $20,448.89 Per Each 7 1 7 $143,142.23 Note: The' indicates taxable items. *Pricing is for Buyers to supply crews for setup of materials provided by COCS for Gameday traffic control* BUYBOARD QUOTE Contract #608-20 Included: Mobilization covers initial set up and complete return of material. Partial Returns are subject to additional charges. Return Fee will be charged in accordance with all delivery fees. Material must be picked up in same manner dropped off or additional fees may be applied. Add'I Terms: All invoices are due Net 15. 14 (Fourteen) days minimum required before job start. 6V1 di Ai 1. (AA V Mikey �r Buyers Barricades Visit Our Website at www.buyersbarricades.com Accepted By: 7/15/2024 Date Signature Print Name Title Company Date Initials Page 1 of 1 Page 149 of 525 EXHIBIT C CERTIFICATES OF INSURANCE Contract No. 24300610 General Service Contract Form 08-10-2021 Page 150 of 525 DATE (MM/DD/YYYY) ACC " CERTIFICATE OF LIABILITY INSURANCE 7i22i2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ashleigh Calvert Cobbs, Allen & Hall, Inc. PHONE FAX 115 Office Park Drive I (A/C. No. Extl: 205-874-1254 IA/C, No): Birmingham AL 35223 I ADDRESS: acalvert@cobbsallen.com INSURER(S) AFFORDING COVERAGE NAIC # License#: 79319 INSURERA: National Union Fire 19445 INSURED BUYEBAR-01 INSURERB: Indian Harbor Insurance Compan 36940 Buyers Barricades Houston, LLC I 25416 Aldine Westfield Rd INsuRERc: National Liability &Fire Ins 20052 Spring TX 77373 I INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 139728334 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY GL6952562 6/11/2024 4/1/2025 EACHOCCURRENCE $2,000,000 RETED CLAIMS -MADE � OCCUR PREM SESDAMAGEO(Ea occurrence) $ 500,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $4,000,000 PE 4,000,000 POLICY LOC PRODUCTS - COMP/OP AGG $ OTHER $ C AUTOMOBILE LIABILITY 73APB008871 6/11/2024 4/1/2025 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 ANY AUTO BODILY INJURY (Per person) $ X OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS X HIRED X NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) B UMBRELLA LIAB I is I OCCUR SXS0066062 6/11/2024 4/1/2025 EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 3,000,000 DED I I RETENTION $ $ A WORKERS COMPENSATION WC20435052 6/11/2024 4/1/2025 X I PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y ANYPROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? N/A ❑ (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to any owner, lessee, or contractor whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "occurrence", loss, injury or damage. Automatic Additional Insured — Completed Operations; Provides additional insured status to any owner, lessee, or contractor whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "occurrence", loss, injury or damage. Primary & Non -Contributory where required by a written contract between the named insured and any person or organization that requires such status. Blanket Automatic Waiver of Subrogation endorsement that provide this feature, only when there is a written contract between the named insured and the certificate holder that requires it. Blanket Additional Insured for Lessor of Leased Equipment. 'ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of College Station PO Box 9960 AUTHORIZED REPRESENTATIVE College Station TX 77842 , 0q,4 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 151 of 525 M-3745a (06/2009) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT In consideration of payment of the additional premium listed below, LIABILITY COVERAGE is extended to include the additional insured named herein, provided that: 1) such insurance applies only to the ownership, maintenance or use of a covered auto; and 2) such insurance applies only to acts or omissions by you, your agents or your "employees" while such covered auto is being used in your business; and 3) such insurance does not apply to the acts or omissions of the additional insured or any of the additional insured's agents or "employees" other than you; and 4) such inclusion of additional insured shall not increase our limit of liability under this policy. ADDITIONAL INSURED: City of College Station PO Box 9960 College Station TX 77842 All other terms, conditions and agreements remain unchanged. Additional Premium: Company Name Policy Number 73 APB 008871 National Liability & Fire Insurance Company Endorsement Effective 06/11/2024 12:01 AM Named Insured Countersigned by BUYERS BARRICADES INC (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy .) M-3745a (0612009) Page 152 of 525 POLICY NUMBER: 73 APB 008871 M-5144a (06/2007) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 06/11/2024 12:01 AM Named Insured: BUYERS BARRICADES INC Name Of Person(s) Or Organization(s): City of College Station PO Box 9960 College Station TX 77842 Countersigned By: SCHEDULE Additional Premium I $ (Authorized Representative) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person (s) or organiza- tion(s) shown in the Schedule. We will retain the additional premium shown above, regardless of any early termi- nation of this endorsement or the policy. Includes copyrighted material of Insurance Services Office, Inc with its permission. M-5144a (06/2007) Page 153 of 525 POLICY NUMBER: GL 6952562 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) "ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO." SCHEDULE Location(s) Of Covered Operations "PER THE CONTRACT OR AGREEMENT." Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", property damage or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than CG20101219 that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Insurance Serivices Office, Inc. 2018 Page 1 of 2 Page 154 of 525 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement applicable shall not increase the Limits of Insurance. Page 2 of 2 gnsurance Serivices Office, Inc. 2018 CG20101219 Page 155 of 525 POLICY NUMBER: GL 6952562 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) "ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO." Location And Description Of Completed Operations "PER THE CONTRACT OR AGREEMENT." 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 agree- ment, the insurance afforded to such addi- tional 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 Insu- rance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. CG 20 37 12 19 gnsurance Serivices Office, Inc. 2018 Page 1 of 1 Page 156 of 525 POLICY NUMBER: GL 6952562 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person Or Organization: "PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO." 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 Sec- tion IV - Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG24041219 gnsurance Services Office, Inc., 2018 Page 1 of 1 Page 157 of 525 POLICY NUMBER: GL 6952562 COMMERCIAL GENERAL LIABILITY 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 contribu- tion from any other insurance available to the additional insured. CG 20 01 12 19 Insurance Serivices Office, Inc. 2018 Page 1 of 1 Page 158 of 525 ENDORSEMENT This endorsement, effective 12:01 A.M. 06/11/2024 forms a part of policy No. GL 695-25-62 issued to Buyers Barricades, Inc. by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1 . the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1 . First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy 107414 (03/1 1) Authorized Representative or Countersignature (in States Where Applicable) Page 159 of 525 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 06/11 /2024 forms a part of Policy No. WC 020-43-5052 Issued to BUYERS BARRICADES, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. 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 WC420304B Countersigned by__________________________ (Ed. 6-14) Authorized Representative ©Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Page 160 of 525 August 22, 2024 Item No. 6.8. Interlocal Agreement with Texas A&M University for Game Day Traffic Control Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an Interlocal Agreement between the City of College Station and Texas A&M University to equally share in the cost to deploy traffic control devices according to the Texas A&M Football Post Game Traffic Control Plan. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Diverse and Growing Economy 2. Improving Mobility Recommendation(s): Staff recommends approval of the interlocal agreement. Summary: As part of the partnership between the Texas A&M University, City of College Station, and other local agencies to develop a comprehensive game day traffic plan, staff from the Texas A&M University Transportation Institute and the City of College Station have developed a traffic control plan to efficiently move traffic after each TAMU football game. Funds for deploying this plan by a contractor have been annually appropriated in the Public Works Street Division budget. Through the partnership that has been developed, TAMU has agreed to cover one-half of the total deployment cost through an Interlocal Agreement (ILA). The previous ILA, approved in September 2021, had TAMU's portion not to exceed $57,000. The new ILA for consideration removes the not to exceed portion for TAMU and has both entities splitting the cost of traffic control deployment evenly. After the final football game, the city will invoice TAMU within thirty (30) days, one-half of the final amount. The ILA replaces the previous agreement and is valid for a total of five (5) years. Budget & Financial Summary: Funds have been included in both the FY24 and FY25 budgets for the cost of a contractor to deploy the traffic control devices per the traffic control plan. As outlined in the ILA, Texas A&M will reimburse the City one-half of the total deployment cost. Attachments: TAMU Game Day Traffic Control ILA Page 161 of 525 INTERLOCAL AGREEMENT BETWEEN TEXAS A&M UNIVERSITY AND CITY OF COLLEGE STATION FOR THE TEXAS A&M UNIVERSITY FOOTBALL GAME DAY TRAFFIC CONTROL PLAN PARTICIPATION This Agreement is, by and between the City of College Station, a Texas home -rule municipal corporation ("City"), and Texas A&M University, an agency of the State of Texas ("TAMU"); and WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes the City and the TAMU to enter into this Agreement; and WHEREAS, on June 12, 2014 the College Station City Council approved the Interlocal Agreement with TAMUS for $35,000 to work other community partners to evaluate and develop improved means of getting motorists to their next destination after the football game, not only to meet the desires and expectations of the fans, but also to more quickly relieve the congestion on the roadways and minimize the impacts on the local residents; and WHEREAS, an objective of the game day traffic study was to establish a new Go With the Green Plan which is a traffic control plan to move game day motorists to their next destination as quickly and efficiently as possible; and WHEREAS, the City and TAMU used this study and knowledge of post -game traffic flow to develop the Texas A&M Football Post Game Traffic Control Plan; and WHEREAS, the College Station City Council annually approves funds to be included in the Public Works Street Division account for the deployment of traffic control devices by a contractor in the accordance with the Texas A&M Football Post Game Traffic Control Plan; and WHEREAS, the intent of this Agreement is the City and TAMU equally sharing the costs and future costs to implement the Traffic Control Plan and for the purpose of fulfilling the competitive purchasing requirements of Texas Local Government Code; and WHEREAS, the City and TAMU represent that each is independently authorized to perform the functions and obligations contemplated in this Agreement; and; WHEREAS, the City and TAMU entered into an agreement concerning the Traffic Control Plan with an Effective Date of September 10, 2021 and the parties wish to supersede and replace that Agreement with the following; now therefore: For and in consideration of the recitations above and the promises and covenants herein expressed, the parties hereby agree as follows: Contract # TAMU and City of College Station Page 1 of 10 Traffic Control Plan Cost Participation ILA Page 162 of 525 I. DEFINITIONS 1.1 Traffic Control Plan is the Texas A&M Football Post Game Traffic Control Plan developed for the roadways in College Station where post -football game traffic exiting the area will be given priority, and where temporary traffic control devices are placed on these roads to increase the mobility of the corridors as defined in Exhibit "A" which is the first two pages of the traffic control plan document that shows the locations, deployment and removal procedures, and estimated duration temporary traffic operations. 1.2 City or College Station is the City of College Station, a Texas home rule municipal corporation whose principal office is located at 1101 Texas Avenue, College Station, Texas 77840. 1.3 TAMU is a member of The Texas A&M University System, an agency of the State of Texas, whose principal office is located at Transportation Services, 702 University Dr. E, Bldg. E, College Station, Texas 77840. 1.4 Effective Date is the date on which this Agreement is executed by the last party shall be the date this Agreement goes into effect. II. TAMU'S COST PARTICIPATION 2.1 Agree to Participate. TAMU agrees to participate annually in the deployment costs of the Traffic Control Plan in the amount of one-half (1/2) of the total deployment costs for the Traffic Control Plan per year. 2.2 Application for Payment. The City will send TAMU an application for payment within thirty (30) days after the last home TAMU football game scheduled for each season. The City shall provide TAMU with reasonable documentation of the deployment costs upon request. 2.3 Time of Payment. After receipt of the applications for payment, TAMU agrees that it will pay the City within thirty (30) days of receipt of the payment applications. III. CITY'S RESPONSIBILITIES 3.1 Competitively Bid. The City will competitively bid and award the Traffic Control Plan project according to the Texas Local Government Code, to a qualified contractor to place temporary traffic control devices according to the Traffic Control Plan. The City shall lawfully process and prepare bids, proposals and request for qualifications and other procurement activity as may be required for the procurement Traffic Control Plan implementation or related activities. 3.2 Project Manager. The City will serve as project manager for the contract for the implementation of the Traffic Control Plan. Contract # TAMU and City of College Station Page 2 of 10 Traffic Control Plan Cost Participation ILA Page 163 of 525 IV. GOVERNMENTAL IMMUNITY AND RELEASE 4.1 TAMU is an agency of the State of Texas and City is a political subdivision of the State of Texas, and both enjoy governmental immunity. By entering into this Agreement, neither TAMU nor City consents to suit, the waiver of the respective governmental immunity or the waiver of limitation as to damages under the Texas Tort Claims Act. 4.2 The City and TAMU each, to the extent permitted by law, individually agree to hold the other harmless from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, for damage to any property, arising out of or in connection with the obligations pursuant to this Agreement, except to the extent that any such claim, loss, damage, cause of action, suit, or liability arises from the negligence or willful misconduct of the party to be held harmless. V. GENERAL PROVISIONS 5.1 Term and Termination. The initial term of this Agreement is for one (1) year after the Effective Date. This Agreement will automatically renew for four (4) consecutive one (1) year terms after the Effective Date for a total of five (5) years. Either party may terminate this Agreement for cause or convenience with sixty days written notice to the other party. 5.2 Amendments. 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. a. The City Manager is delegated the authority to amend Exhibit "A" in writing. 5.3 Choice of Law and Venue. 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. 5.4 Authority to enter into Agreement. Each party represents that it has the full power and authority to enter into and perform this Agreement. The person executing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The person executing this Agreement on behalf of TAMU represents that he or she is authorized to sign on behalf of TAMU and agrees to provide proof of such authorization to the City upon request. 5.5 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 5.6 Notice. Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed or sent by electronic transmission confirmed by mailing written confirmation at substantially the same time as such electronic transmission, or personally delivered to an officer of the receiving party at the following addresses below. Each party may change its Contract # TAMU and City of College Station Page 3 of 10 Traffic Control Plan Cost Participation ILA Page 164 of 525 address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the party. Texas A&M University Transportation Services 322 Polo Rd Polo Rd Bldg, Suite 350 College Station, Texas 77843 City of College Station City Traffic Engineer P. O. Box 9960 College Station, TX 77842 trother@cstx.gov With copies to: With copies to: Department of Contract Administration City Manager 1182 TAMU PO Box 9960 College Station, TX 77843-1182 College Station, TX 77842 contracts(&tamu.edu 5.7 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 5.8 Entire Agreement. It is understood that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, or understandings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any Party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 5.9 Multiple Originals. It is understood and agreed this Agreement may be executed in a number of identical counter parts, each of which shall be deemed an original for all purposes. Contract # TAMU and City of College Station Traffic Control Plan Cost Participation ILA Page 4 of 10 Page 165 of 525 TEXAS A&M UNIVERSITY ?�A- d By John Erawford (Aug 9,102410:52 CDT) John W. Crawford Vice President & CFO Date: 08/09/2024 CITY OF COLLEGE STATION By: Mayor Date: ATTEST: City Secretary Date: APPROVED: City Manager Date: City Attorney Date: Assistant City Manager/CFO Date: Contract # TAMU and City of College Station Page 5 of 10 Traffic Control Plan Cost Participation ILA Page 166 of 525 EXHIBIT "A" TRAFFIC CONTROL PLAN Contract # TAMU and City of College Station Traffic Control Plan Cost Participation ILA Page 6 of 10 Page 167 of 525 Texas A&M Football Post Game Traffic Control Plan KYLE FIELD GAME DAY - JULY 15, 2024 In partnership between: L 01 (*4/ A1 M CITY OF COLLEGE STATION Q Hamraf"Tnov Ad-M iinrurrug' INDEX OF SHEETS 1. TiBe Shast 2A. General Note. & Deployment Plan 28. Depoyment Plan (Cant,) It Removal Plan 3 Specifications 4A, Wellborn Rd at University Or 4B, Wellborn Rd at University Or & Wellbom Rd at George Buah Or It. Wellborn Rd at Fidelity St 7. Wellborn Rd el Luther St S. Wellborn Rd at Holleman Or 9 Wellbom Rd at Southwest Pkwy 10_ Welltam Rd at FM 2818 North Intersection 11. Wellborn Rd at FM 2818 Sauth of Intersection 12. George Rush Dr at Oli e , Rlvd 13. George Bush Drat Panber(hy Or 14. Luther St at Perbarlhy Or 15. Gearga Bush Ur at Barbara Bush Or 16. Wellborn Rd at Georee Bush Or Modification 17. We ltwm Rd at Southwest Parkway Iaadlflcatlon 18. FM 80&FM 2018 18, FM 281 "TA 261*5D to 273-50 20. FM 281&STA 273*5D to 28345D 21. FM 201@STA 283+SDW 29540D 22. George Bush Or & FM 2818 28, FM 281 &STA 307*00 to 319100 24, Luther St & FM 2818 25. FM 281 B-STA 341.00 W 352+OD 25_ Hal lemon 01 & FM 2813 27. Jon es Bulllar Rd&FM 2918 28, FM 2818 & W—ing Lane gp HE 29. Message Beards & Itinerary 30- 45. T]rDOT Standard Dotal Is SHEET 1 Elm O O ¢, R U LID N LO O 00 cfl N O1 (6 GENERAL NOTES: 1. Necessary Operational Procedures: a. Premark locations oft raffic control devices with water based paint and maintain as needed. It is anticipated that most markings will not need to be remarked. b. Traffic control devices included in this contract shall be picked up at the Public Works Operations Center on King Cole Drive before each TAMU football game. Pick-up times shall be coordinated with the Streets Manager or their designee. c. Traffic control devices shall be deployed in accordance with the provided Deployment Plan. Any modifications to the plan must be discussed in advance and approved by the City. J. Traffic control devices included in the plans may be staged, but not deployed until the start of the second quarter of the football game. This means that devices shall not be placed in the roadway and signs shall not be visible to traffic until the aforementioned times. (One exception is noted at Texas/Deacon). e. Set-up cones, panels, and barricades in accordance with Traffic Control Plan. f. Set-up temporary signs called out in the Traffic Control Plan. g Traffic control devices to be placed in a signalized intersection are to be placed per the plans once the traffic signal is in a flashing operation or a City of College Station representative provides direction to do so. The intersections of George Bush/Wellborn Road, George Bush/Olsen Blvd and FM 2818/1-1olleman Drive shall not have traffic control devices placed in the intersection until a College Station Police Officer arrives and provides the direction to do so. h. All temporary traffic control devices shall remain in place and maintained by the contractor until notified by a College Station representative, typically the College Station Police Officer in charge of the post football game traffic operations It is anticipated that removal of the devices will begin 2 hours after the football game ends; however, this is an estimate for informational purposes only and does not restrict or limit the City of College Station representative's decision regarding the duration of the post football game trai operations. I. All temporary traffic control devices will be removed when instructed in an orderly manner in accordance with the provided Removal Plan. Any modificationsto the plan must be discussed in advance and approved by the City. j. All traffic control devices included in this contract shall be picked up and returned to the Public Works Operations Center on King Cale Drive after each TAMU football game. Drop-off times shall be coordinated with the Streets Manager or their designee. 2. All traffic control signs and devices shall he placed and installed in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and TxDOT Traffic Engineering Standard Sheets for Barricade and Construction Standards. Sign Designs sheet shows the design formation for the Dual Right Turn sign, Left and Right Only sign, Bus Only Lane sign, Right Turn Only sign and U Turn sign. 3 Any variations to the traffic control plan shall be approved by the City Traffic Engineer or their designee. 4. Contractor shall provide at least limited access to all businesses and residences along roadway at all times 5 Unless specified elsewhere in the plans, all signs shall be the standard size for conventional roads, per the TMUTCD. 6 All Portable Changeable Message Signs (PCMS) will be deployed, activated, deactivated, and returned to the Public Works Operations Center by Public Works employees. These plans do not include the need of the contractor's forces to assist or be responsible for the PCMS. 7. Contractor will be required to provide radios to communicate with personnel as well as with the City. 8. Contractor shall follow the provided plan unless directed otherwise by the Incident Commander, Streets Manager, or City Traffic Engineer. 9. Contractor shall stage vehicles in locations specified in the plans or as directed by the City during the pre -deployment meeting. DEPLOYMENT PLAN: West Luther @ FM 2818 (halftime) • Close left turn lane NB FM 2818 • Close SIB u-turn lane FM 2818. West Luther @ Penberthy • Close NB Penberthy at West Luther at the start of the 3rd quarter Penberthy @ Lot 63 driveway • Close NB Penberthy at at the start of 3rd quarter FM 2818 @ Stotzer Parkway (halftime) • Close northbound exit ramp to Stotzer • Close ramp from WB Stotzer to SB FM 2818 (if needed -this is a game to game decision) FM 2818 @ Holleman South All traffic control devices will be placed at the beginning of the 4th quarter with officers onsite Wellborn Rd. @ University (halftime) • Close exit ramp from eastbound University. • Close exit ramp from northbound Wellborn to eastbound University • Close left turn lane from southbound Wellborn to eastbound University Wellborn Road Start placingtraffic control devices on Wellborn Rd. at FM 2818 going north at the beginning of the 2cd quarter. All devices are to be deployed and ready for operation when traffic control at George Bush/Wellborn Road is activated and officers are ready to move traffic. Holleman @ Wellborn Stage all traffic control devices and wait until the Wellborn Contraflow is fully deployed. George Bush Drive The details below are designed to allow transit operations to»"" continue during all portions of the deployment operation; the order and timing of intersection closing is important KYLE FIELD- GAMEDAY2024 TRAFFIC CONTROL PLAN GENERAL NOTES DEPLOYMENT PLAN SHEET NO 2A LO CV LO O M cfl N (6 DEPLOYMENT PLAN (Cont.) Median Openings of George Bush between Olsen Blvd and Barbara Bush Drive Median openings at Barbara Bush and the Pearce Pavilion can be closed at halftime. Median opening at Reed House can be closed just before Penberthy closure George Bush @ FM 2818 Stage all traffic control devices and wait until 4th quarter to close off intersection. Stage all traffic control devices at Penberthy, Olsen and Marion Pugh intersections and wait until the aforementioned time. City of College Station Public Works, incoordination with Texas A&M Transportation will make decision to deploy remaining George Bush traffic control and George Bush/Wellborn intersection. When decision is made: 1. Close George Bush @ FM 2818 2. Close George Bush median opening at Reed House 3. Close Olsen Blvd - set up dual right turn from southbound Olsen to westbound George Bush; allow any westbound George Bush traffic to proceed west. Officers must be at the Olsen and Marion Pugh intersections before being closed 4. Set up Marion Pugh intersection and two-way flow to Callaway House a. Texas A&M Transit will continue normal operations until beginning of Step 5; buses will wait in westbound George Bush curb lane 5. George Bush @ Penberthy Close Penberthy median opening. 6. Begin George Bush contraflow operations -VIP traffic (only) allowed across railroad tracks on westbound George Bush and moves to eastbound Bush Drive roadway at Olsen Blvd intersection. George Bush @ Wellborn Rd. Stage all traffic control devices and wait until 4th quarter. Officers must be at the intersection before closing. City of College Station Public Works, in coordination with Texas A&M Transportation will make decision to deploy George Bush/Wellborn intersection traffic control. As noted by the arrow on the plan sheet, there will be eastbound and westbound bus only lanes along George Bush Drive. The eastbound bus only lane will cross between the cones used to delineate the southbound Wellborn Road travel lanes through the intersection. The two cones on either side of the eastbound bus only lane need to be spaced 30 ft apart. The remainder of the cones are to be spaced per the plan sheet. Center of George Bush median to be closed at halftime, close everything along the center of George Bush Dr. Penberthy intersection will be the exception, and left open. REMOVAL PLAN While it is not required, it is anticipated that 3 to 4 crews will be needed to quickly pick up the traffic control devices. Below is the plan for picking up the traffic control devices. Alternatives for more efficient methods of picking up the traffic control devices must be submitted to the City for approval However, the pick-up of the traffic control devices does not start until the City of College Station representative provides the instruction to do so. A contractor representative should be with the College Station representative, or at least be available by radio to receive the go ahead to begin the pickup process. Crew #1 A crew should start picking up the traffic control devices at the Wellborn Road and University Drive intersection, then travel to the Stotzer Blvd/FM 2818 interchange to pick up grabber cones at the westbound to southbound FM 2818. Then, work down to the northbound FM 2818 exit ramp to FM 60 and pick up the devices. After this area has been picked up, the crew can pick up the traffic control devices at the FM 2818/1-uther intersection followed by the Luther/Penberthy intersection. The crew should continue north on Penberthy picking up the traffic control devices along the way. If needed, this crew can assist Crew#3 in picking up the devices along George Bush, but only after Crew #3 arrives at the George Bush/Penberthy intersection. Crew #2&3 Two crews should be ready to start picking up the traffic control devices at the Wellborn Road and George Bush intersection because you will need to be able to clear the intersection within 7 minutes after receiving the go ahead from the College Station representative at the intersection. The crew will remove the traffic control devices on the north intersection leg. Then College Station Police Officers will shut down the intersection by stopping all traffic approaching the intersection The crews will have 2 minutes to pick up the devices between the two southbound travel lanes through the intersection and on the south leg. After this, the southbound traffic will be released to proceed through the intersection toward FM 2818. During the time between minutes 2 and 7, Crew #2 will finish picking up the traffic control devices in the intersection. Crew #2 will then move to the east side of the intersection while officers allow Bush traffic to turn from westbound to southbound for a few minutes Crew #2 will then pick up devices on east side of intersection while officers hold George Bush traffic. Crew 03 begins picking up the traffic control devices on the west leg of George Bush between Wellborn Road and Olsen Drive (Crew 3 needs to be positioned on George Bush, west of Wellborn Road and out of the intersection before the 2 minutes have expired). Note, the barricades at the track for westbound traffic shall stay in place until all of the traffic control devices between Wellborn Road and Olsen Drive have been picked up - a member of Crew 113 can circle back to pick up these devices before rejoining the crew to pick up the remaining traffic control devices on George Bush Drive. Crew #2 Will continue picking up the devices on Wellborn Road toward FM 2818. Once this crew is south of the Bush/Wellborn intersection (at the end of 7 minutes), the traffic on George Bush will be released and allowed to turn onto southbound Wellborn Road toward FM 2818 and signals will return to normal operation. Crew #3 Will then drive west in the eastbound lanes (counter Row) and remove traffic control at Penberthy/George Bush intersection. Crew #3 will continue westbound in the eastbound lanes and remove traffic control at Reed House and Barbara Bush median opening. Crew #3 will continue west in the eastbound George Bush lanes (still traveling counter to the George Bush/FM 2818 intersection and remove devices. Crew #3 will return eastbound in the (now open) eastbound lanes to pick up traffic control at the Pearce Pavilion median. Crew #4 KYLE PILLD - GAMEDAY 2o2a This crew should start on the east side of the Wellborn Road and Holleman TRAFFIC CONTROL PLAN intersection picking up the traffic control devices and move to the west side. DEPLOYMENT PLAN (C—) They will then travel to the FM 2818/Holleman Drive intersection to pick up REMOVAL PLAN the traffic control devices there. sHeerxo 2B Contract # TAMU and City of College Station Page 10 of 10 Traffic Control Plan Cost Participation ILA Page 171 of 525 August 22, 2024 Item No. 6.9. Atmos RRM Ordinance Sponsor: Ross Brady, Assistant to the City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the Atmos Mid -Tex 2024 Rate Review Mechanism (RRM) Ordinance. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff respectfully recommends Council approve the ordinance. Summary: The City, along with 181 other Texas cities served by Atmos, is a member of the Atmos Cities Steering Committee (ACSC). This committee reviews changes made to the rates Atmos charges its customers. In April 2024, Atmos proposed an increase to its rates which, across their entire service area, would generate an additional $196 million. The ACSC objected to this amount but acknowledged some increase was necessary in order for the company to cover costs. After negotiations, the two entities agreed to a system -wide increase amounting to an additional $164 million. The impact to an average residential customer in College Station will be an additional $5.52 per month, or 6.84%. The increase for an average commercial customer will be $13.39 per month, or 3.44%. Budget & Financial Summary: There is no significant financial impact to the City. Attachments: 1. Atmos Mid -Tex 2024 RRM Ordinance 2. Attachment 1 CY23 MTX RRM - Tariffs 3. Attachment 2 CY23 MTX RRM - Pension Benchmark Page 172 of 525 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2024 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of College Station, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid -Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid -Tex Division; and Page 173 of 525 WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about April 1, 2024 Atmos Mid -Tex filed its 2024 RRM rate request with ACSC Cities based on a test year ending December 31, 2023; and WHEREAS, ACSC coordinated its review of the Atmos Mid -Tex 2024 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid -Tex of $164.7 million on a system -wide basis with an Effective Date of October 1, 2024; and WHEREAS, ACSC agrees that Atmos plant -in-service is reasonable; and WHEREAS, with the exception of approved plant -in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications. 2557/38/8872168 2 Page 174 of 525 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $164.7 million on a system -wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid -Tex within the municipal limits arising from Atmos Mid-Tex's 2024 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex's plant -in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid -Tex to recover annually an additional $164.7 million on a system -wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. Section 6. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of ACSC in processing the Company's 2024 RRM filing. 2557/38/8872168 3 Page 175 of 525 Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2024. Section 11. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid -Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. 2557/38/8872168 Page 176 of 525 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, BY A VOTE OF TO , ON THIS THE DAY OF , 2024. ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Mayor 2557/38/8872168 5 Page 177 of 525 Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R — RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge I Amount Customer Charge per Bill $ 22.95 per month Rider CEE Surcharge $ 0.05 per month' Total Customer Charge $ 23.00 per month Commodity Charge — All Ccf $0.58974 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s) Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2024. Page 178 of 525 Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C — COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 81.75 per month Rider CEE Surcharge $ 0.00 per month' Total Customer Charge $ 81.75 per month Commodity Charge — All Ccf $ 0.19033 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-plantprotection(a-),atmosener2v.com. Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2024. Page 179 of 525 Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Customer Charge per Meter First 0 MMBtu to 1,500 MMBtu Next 3,500 MMBtu All MMBtu over 5,000 MMBtu Amount $ 1,587.75 per month $ 0.6553 per MMBtu $ 0.4799 per MMBtu $ 0.1029 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s) Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Page 180 of 525 Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Agreement An Agreement for Gas Service may be required Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-i)lanti)rotection(a atmosener2v.com. Page 181 of 525 Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Customer Charge per Meter First 0 MMBtu to 1,500 MMBtu Next 3,500 MMBtu All MMBtu over 5,000 MMBtu Amount $ 1,587.75 per month $ 0.6553 per MMBtu $ 0.4799 per MMBtu $ 0.1029 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Page 182 of 525 Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Page 183 of 525 Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA —WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Provisions for Adiustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adiustment The Weather Normalization Adjustment Factor shall be computed to the nearest one -hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNAi = WNAFi x qq Where qi; is the relevant sales quantity for the jth customer in ith rate schedule. Page 184 of 525 Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA —WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.52 0.1526 88.98 0.7485 Austin 8.87 0.1343 213.30 0.9142 Dallas 12.38 0.2024 185.59 1.0974 Waco 8.71 0.1219 130.62 0.7190 Wichita 10.20 0.1394 117.78 0.6435 Falls Weather Normalization Adiustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Page 185 of 525 Attachment 2 Line No. Description (a) ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2023 1 Proposed Benefits Benchmark - Fiscal Year 2024 Willis Towers Watson Report as adjusted 2 Allocation Factor 3 Proposed Benefits Benchmark Costs Allocated to Mid -Tex (Ln 1 x Ln 2) 4 O&M and Capital Allocation Factor 5 Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4) 6 7 O&M Expense Factor (WP_F-2.3, Ln 2) 8 9 Summary of Costs to Approve: 10 Total Pension Account Plan 11 Total Post -Employment Benefit Plan 12 Total Supplemental Executive Benefit Plan 13 Total (Ln 10 + Ln 11 + Ln 12) Shared Services Mid -Tex Direct Post- Post- Supplemental Pension Employment Pension Employment Executive Benefit Adjustment Account Plan Benefit Plan Account Plan Benefit Plan Plan Total (b) (c) (d) (e) (f) (g) 1,402,365 $ (1,146,665) $ 45.93% 45.93% 644,172 $ (526,717) $ 100.00% 100.00% 644,172 $ (526,717) $ 81.70% 81.70% 526,315 $ $ (430,349) 526,315 $ (430,349) $ 2,186,549 $ (4,070,086) $ 82.00% 82.00% 1,792,929 $ (3,337,394) $ 100.00% 100.00% 1,792,929 $ (3,337,394) $ 38.85% 38.85% 696,536 $ (1,296,547) 696,536 $ (1,296,547) $ 278,107 100.00% 278,107 100.00% 278,107 $ (1,148,903) 11.24% $ 1,222,851 (1,726,896) 31,256 31,256 31,256 $ (472,789) Page 186 of 525 August 22, 2024 Item No. 6.10. Emergency field repairs to Veterans Park and Athletic Complex Sponsor: Kelsey Heiden Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action to ratify a general services contract with Paragon Sports Constructors, LLC for emergency repairs to the fields at Veterans Park and Athletic Complex for an amount not to exceed $148,395.90. Relationship to Strategic Goals: Recommendation(s): Summary: Veterans Park and Athletic Complex recently faced an unexpected challenge when a pack of feral hogs caused extensive damage to several fields. The incident significantly impacted Fields 4, 5, 6, 9, and 10, rendering them unusable. Parks crews closed the affected areas and collaborated with the local Game Warden to address the feral hog issue. The timing of this setback was particularly critical, as the complex is scheduled to host the Aggieland Friendship Cup on August 24th and 25th. This soccer tournament attracts over 100 teams in the U10 to U19 age groups. Immediately following the tournament is the commencement of the regular user group fall season. Staff acquired quotes to perform emergency repairs to the damaged fields. Paragon Sports Constructors, LLC submitted a quote in the amount of $148,395.90 and began work as soon as contracts were routed. Budget & Financial Summary: Funds for the repairs are available in the Parks and Recreation Operations budget reflecting Budget Amendment #3 for 200,000. Attachments: 1. 24300645--Paragon Sports Constructors 2. 24300645 Paragon Sports Contractrors, LLC Page 187 of 525 CONTRACT & AGREEMENT ROUTING FORM CITY OF COLLEGE STATION Horne of Texas A&M University® CONTRACT#: 24300645 PROJECT#: N/A BID/RFP/RFQ#: NSA Project Name / Contract Description: Veteran's Park Field Damage Repairs Name of Contractor: Paragon Sports Contractors, LLC CONTRACT TOTAL VALUE: $ 148,395.90 Grant Funded Yes❑ No ❑■ Debarment Check ❑ Yes ❑ No ❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # N/A If yes, what is the grant number: Davis Bacon Wages Used ❑ Yes ❑ NoN N/A Buy America Required ❑ Yes ❑ No* N/A Transparency Report ❑ Yes ❑ No ❑E N/A [—]CHANGE ORDER # NSA ❑ OTHER N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) This is classified as an emergency procurement because of unforeseen damage to public property (Exemption 252.022 (3)). Funding available in account 10011140-5399 (If required) * CRC Approval Date*: N/A Council Approval Date*: N/A Agenda Item No*: N/A --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL n, 8/9/2024 DEPART ENT DIRECTOR/ADMINISTERING CONTRACT DATE ( 8/9/2024 ASST CITY MGR — CFO DATE 8/12/2024 LEGAL DEPARTMENT DATE APPROVED & EXECUTED (Phhh 8/12/2024 CITY MANAGER DATE N/A MAYOR (if applicable) DATE N/A CITY SECRETARY (if applicable) DATE Onginal(s) sent to CSO on Scanned into Laserfiche on Original(s) sent to Fiscal on Page 188 of 525 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 Paragon Sports Constructors, LLC ("Contractor"), collectively referred as the Parties, for the following project, Veteran's Park Field Damage Repairs, 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 Forty -Eight Thousand Three Hundred Ninety -Five and 90/100 Dollars ($148,395.90). 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 Time is of the Essence. The Contractor must complete all the services described in the Scope of Services/Work by the following dates: NTP on 8/12/2024 with 10 days to complete. 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.24300645 General Service Contract Page 1 of 14 Form 11-29-2023 Page 189 of 525 (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.24300645 General Service Contract Page 2 of 14 Form 11-29-2023 Page 190 of 525 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.24300645 General Service Contract Page 3 of 14 Form 11-29-2023 Page 191 of 525 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.24300645 General Service Contract Page 4 of 14 Form 11-29-2023 Page 192 of 525 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) 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. Contract No.24300645 General Service Contract Page 5 of 14 Form 11-29-2023 Page 193 of 525 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 not less than $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: (a) Employer's Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; (b) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY". ARTICLE V INDEMNIFICATION AND RELEASE 5.1 Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Contractor under this Contract. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 5.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its Council members, Contract No.24300645 General Service Contract Page 6 of 14 Form 11-29-2023 Page 194 of 525 officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. There shall be no additional release other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VI GENERAL TERMS 6.1 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.24300645 General Service Contract Page 7 of 14 Form 11-29-2023 Page 195 of 525 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, the applicable law or the applicable provision of this Contract excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Contract without necessity of additional consideration. Contract No.24300645 General Service Contract Page 8 of 14 Form 11-29-2023 Page 196 of 525 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 Paragon Sports Constructors, LLC Attn: Stephan Richardson PO BOX 9960 1101 Texas Ave College Station, TX 77842 Richardson@cstx.gov Attn: Gib Searight 5001 Saunders Rd Ft. Worth, TX 76119 gsearight@paragon-sports.com 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 § 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. 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.24300645 General Service Contract Form 11-29-2023 Page 9 of 14 Page 197 of 525 VendorInvoiceEntryLcstx.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) 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. (c) 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.24300645 General Service Contract Page 10 of 14 Form 11-29-2023 Page 198 of 525 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 PARAGON SPORTS CONSTRUCTORS, LLC By: Title: vP of operations Printed Name: Bobby Killion Date:8/9/2024 Contract No.24300645 General Service Contract Form 11-29-2023 CITY OF COLLEGE STATION By: City Manager Date:8/12/2024 APPROVED: kf CAttorney Date:8/12/2024 Assistant City Manager/CFO Date: 8/9/2024 Page 11 of 14 Page 199 of 525 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... Contract No.24300645 General Service Contract Page 12 of 14 Form 11-29-2023 Page 200 of 525 psrq paragon sports August 7, 2024 CITY OF COLLEGE STATION -VETERANS PARK DAMAGE REPAIRS Attn: Stephan Richardson Scope of Work- PSC to provide labor, equipment and materials to repair damages to athletic fields TASKS 1. PSC will fraise mow in and around the damaged area to level out and define edges of damage 2. PSC will bring in USGA sand to spread and even out the surface area 3. PSC will groom the sand, laser grade the entire affected area, and roll to create a firm base 4. PSC will apply pre -plant fertilizer and preemerge to aid in quicker rooting and prevent disturbed area from new weed incursion 5. PSC will sod the entire area with hybrid Tifway 419 bermudagrass and roll. TOTAL RENOVATIONS AND REPAIRS $148,395.90 Exclusions AAMER[CAN MEMBEN SPORTSSSOClAiIONBUILDERS 170- Page 201 of 525 1. Sales Taxes. Customer to provide tax exempt certificate as needed 2. Liquidated Damages 3. Allowances 4. Permits 5. Rock excavation 6. Bleachers 7. Electrical, conduit and boxes 8. Bonds Proposal Conditions & Qualifications 9. This proposal assumes PSC shall have clear and reasonable access to the work for equipment and materials. 10. PSC understands there may be more than one mobilization for this project. 11. This proposal assumes PSC standard wage rate for labor (Davis -Bacon or their Governmental wage scales are not included in the pricing above). 12. Due to continuing fluctuations in the cost of materials beyond our control, PSC reserves the right to verify material pricing prior to execution of a contract if a contract is not awarded within 60 days of the date of this proposal. 13. Unless specifically stated otherwise, this proposal assumes that all construction testing and third party inspection will be contracted and paid for by the owner or general contractor. PSC will coordinate inspections and make all work available for testing; PSC can provide a separate proposal for this work if desired. 14. Installation of irrigation heads and sod does not include grown in or maintenance of new grass Insurance Policv Coverages Workers Comp: Bodily Injury Workers Comp: Disease General Liability: General Aggregate General Liability: Personal/Advert. Injury General Liability: Each Occurrence Additional Excess Umbrella Gib Searight, Manager, Natural Grass Division 817-366-6430 $1,000,000 ea accident $1,000,000 policy limit $2,000,000 policy limit $1,000,000 policy limit $1,000,000 policy limit $5,000,000 policy limit Accepted: AMHR,CAN MF.MBAR ` SPORTSBUILDERS ASSOCIATEON Date: Page 202 of 525 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: SEE ATTACHED PROPOSAL... Contract No.24300645 General Service Contract Form 11-29-2023 Page 203 of 525 EXHIBIT C CERTIFICATES OF INSURANCE Contract No.24300645 General Service Contract Form 11-29-2023 Page 204 of 525 Client#: 1078787 PARAGSPO1 ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/08/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kara Kennady USI Southwest Dallas /CL PHONE 214 443-3100 FAX 214 443-3900 (A/C, No, Ext): (A/C, No): 14241 Dallas Pkwy STE 700 E-MAIL kara.kennady@usi.com Dallas, TX 75254 ADDRESS: Y@ Dal INSURER(S) AFFORDING COVERAGE NAIC # 443-7 INSURER A: Cincinnati Casualty Company 28665 INSURED INSURER B : Cincinnati Insurance Company 10677 Paragon Sports Constructors, LLC INSURER C 5001 Saunders Road INSURER D : Fort Worth, TX 76119 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EPP0650211 06/01/2024 06/01/202 EACH OCCURRENCE $1,000,000 CLAIMS -MADE FOCCUR PREMISESO(Ea occur ence) $100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 PRO - X PRODUCTS - COMP/OP AGO $ 2,000,000 POLICY JECT OTHER LOG $ A AUTOMOBILE LIABILITY EPP0650211 06/01/2024 06/01/2020 COMBINED SINGLE LIMITaccident)$1,000,000 (Ea X ANY AUTO BODILY INJURY (Per person) $ OWNED ONLY SCHEDULED BODILY INJURY (Per accident) $ AUTOS X HIRED X AUTOS NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ A X UMBRELLA LAB OCCUR EPP0650211 06/01/2024 06/01/2025 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS -MADE I AGGREGATE $5,000,000 DED RETENTION $ $ B WORKERS COMPENSATION EWC0650214 06/01/2024 06/01/2025 X (SPER TATUTE FORH AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E L DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $1,000,000 A Leased/Rented EPP0650211 06/01/2024 06/01/202 $550,000 Per Occurence Equipment $550,00 Max Per Item Installation Fltr $2,500,000 Per Project DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Auto Liability policies Include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability, Auto Liability and Workers Compensation policies provide a Blanket Waiver of Subrogation in favor of the same, when required by written contract. The General Liability and Auto Liability policies (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of College Station SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 9960, 1101 Texas Ave ACCORDANCE WITH THE POLICY PROVISIONS. College Station, TX 77842 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S45824888/M45010659 CZDHD Page 205 of 525 DESCRIPTIONS (Continued from Page 1) contain a special endorsement with "Primary and Noncontributory" wording. Umbrella Policy is Follow Form. SAGITTA 25.3 (2016/03) 2 of 2 #S45824888/M45010659 Page 206 of525 CONTRACT & AGREEMENT ROUTING FORM CITY OF COLLEGE STATION Horne of Texas A&M University® CONTRACT#: 24300645 PROJECT#: N/A BID/RFP/RFQ#: NSA Project Name / Contract Description: Veteran's Park Field Damage Repairs Name of Contractor: Paragon Sports Contractors, LLC CONTRACT TOTAL VALUE: $ 148,395.90 Grant Funded Yes❑ No ❑■ Debarment Check ❑ Yes ❑ No ❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # N/A If yes, what is the grant number: Davis Bacon Wages Used ❑ Yes ❑ NoN N/A Buy America Required ❑ Yes ❑ No* N/A Transparency Report ❑ Yes ❑ No ❑E N/A [—]CHANGE ORDER # NSA ❑ OTHER N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) This is classified as an emergency procurement because of unforeseen damage to public property (Exemption 252.022 (3)). Funding available in account 10011140-5399 (If required) * CRC Approval Date*: N/A Council Approval Date*: N/A Agenda Item No*: N/A --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL n, 8/9/2024 DEPART ENT DIRECTOR/ADMINISTERING CONTRACT DATE ( 8/9/2024 ASST CITY MGR — CFO DATE 8/12/2024 LEGAL DEPARTMENT DATE APPROVED & EXECUTED (Phhh 8/12/2024 CITY MANAGER DATE N/A MAYOR (if applicable) DATE N/A CITY SECRETARY (if applicable) DATE Onginal(s) sent to CSO on Scanned into Laserfiche on Original(s) sent to Fiscal on Page 207 of 525 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 Paragon Sports Constructors, LLC ("Contractor"), collectively referred as the Parties, for the following project, Veteran's Park Field Damage Repairs, 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 Forty -Eight Thousand Three Hundred Ninety -Five and 90/100 Dollars ($148,395.90). 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 Time is of the Essence. The Contractor must complete all the services described in the Scope of Services/Work by the following dates: NTP on 8/12/2024 with 10 days to complete. 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.24300645 General Service Contract Page 1 of 14 Form 11-29-2023 Page 208 of 525 (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.24300645 General Service Contract Page 2 of 14 Form 11-29-2023 Page 209 of 525 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.24300645 General Service Contract Page 3 of 14 Form 11-29-2023 Page 210 of 525 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.24300645 General Service Contract Page 4 of 14 Form 11-29-2023 Page 211 of 525 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) 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. Contract No.24300645 General Service Contract Page 5 of 14 Form 11-29-2023 Page 212 of 525 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 not less than $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: (a) Employer's Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; (b) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY". ARTICLE V INDEMNIFICATION AND RELEASE 5.1 Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Contractor under this Contract. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 5.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its Council members, Contract No.24300645 General Service Contract Page 6 of 14 Form 11-29-2023 Page 213 of 525 officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. There shall be no additional release other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VI GENERAL TERMS 6.1 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.24300645 General Service Contract Page 7 of 14 Form 11-29-2023 Page 214 of 525 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, the applicable law or the applicable provision of this Contract excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Contract without necessity of additional consideration. Contract No.24300645 General Service Contract Page 8 of 14 Form 11-29-2023 Page 215 of 525 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 Paragon Sports Constructors, LLC Attn: Stephan Richardson PO BOX 9960 1101 Texas Ave College Station, TX 77842 Richardson@cstx.gov Attn: Gib Searight 5001 Saunders Rd Ft. Worth, TX 76119 gsearight@paragon-sports.com 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 § 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. 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.24300645 General Service Contract Form 11-29-2023 Page 9 of 14 Page 216 of 525 VendorInvoiceEntryLcstx.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) 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. (c) 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.24300645 General Service Contract Page 10 of 14 Form 11-29-2023 Page 217 of 525 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 PARAGON SPORTS CONSTRUCTORS, LLC By: Title: vP of operations Printed Name: Bobby Killion Date:8/9/2024 Contract No.24300645 General Service Contract Form 11-29-2023 CITY OF COLLEGE STATION By: City Manager Date:8/12/2024 APPROVED: kf CAttorney Date:8/12/2024 Assistant City Manager/CFO Date: 8/9/2024 Page 11 of 14 Page 218 of 525 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... Contract No.24300645 General Service Contract Page 12 of 14 Form 11-29-2023 Page 219 of 525 psrq paragon sports August 7, 2024 CITY OF COLLEGE STATION -VETERANS PARK DAMAGE REPAIRS Attn: Stephan Richardson Scope of Work- PSC to provide labor, equipment and materials to repair damages to athletic fields TASKS 1. PSC will fraise mow in and around the damaged area to level out and define edges of damage 2. PSC will bring in USGA sand to spread and even out the surface area 3. PSC will groom the sand, laser grade the entire affected area, and roll to create a firm base 4. PSC will apply pre -plant fertilizer and preemerge to aid in quicker rooting and prevent disturbed area from new weed incursion 5. PSC will sod the entire area with hybrid Tifway 419 bermudagrass and roll. TOTAL RENOVATIONS AND REPAIRS $148,395.90 Exclusions AAMER[CAN MEMBEN SPORTSSSOClAiIONBUILDERS 170- Page 220 of 525 1. Sales Taxes. Customer to provide tax exempt certificate as needed 2. Liquidated Damages 3. Allowances 4. Permits 5. Rock excavation 6. Bleachers 7. Electrical, conduit and boxes 8. Bonds Proposal Conditions & Qualifications 9. This proposal assumes PSC shall have clear and reasonable access to the work for equipment and materials. 10. PSC understands there may be more than one mobilization for this project. 11. This proposal assumes PSC standard wage rate for labor (Davis -Bacon or their Governmental wage scales are not included in the pricing above). 12. Due to continuing fluctuations in the cost of materials beyond our control, PSC reserves the right to verify material pricing prior to execution of a contract if a contract is not awarded within 60 days of the date of this proposal. 13. Unless specifically stated otherwise, this proposal assumes that all construction testing and third party inspection will be contracted and paid for by the owner or general contractor. PSC will coordinate inspections and make all work available for testing; PSC can provide a separate proposal for this work if desired. 14. Installation of irrigation heads and sod does not include grown in or maintenance of new grass Insurance Policv Coverages Workers Comp: Bodily Injury Workers Comp: Disease General Liability: General Aggregate General Liability: Personal/Advert. Injury General Liability: Each Occurrence Additional Excess Umbrella Gib Searight, Manager, Natural Grass Division 817-366-6430 $1,000,000 ea accident $1,000,000 policy limit $2,000,000 policy limit $1,000,000 policy limit $1,000,000 policy limit $5,000,000 policy limit Accepted: AMHR,CAN MF.MBAR ` SPORTSBUILDERS ASSOCIATEON Date: Page 221 of 525 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: SEE ATTACHED PROPOSAL... Contract No.24300645 General Service Contract Form 11-29-2023 Page 222 of 525 EXHIBIT C CERTIFICATES OF INSURANCE Contract No.24300645 General Service Contract Form 11-29-2023 Page 223 of 525 Client#: 1078787 PARAGSPO1 ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/08/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kara Kennady USI Southwest Dallas /CL PHONE 214 443-3100 FAX 214 443-3900 (A/C, No, Ext): (A/C, No): 14241 Dallas Pkwy STE 700 E-MAIL kara.kennady@usi.com Dallas, TX 75254 ADDRESS: Y@ Dal INSURER(S) AFFORDING COVERAGE NAIC # 443-7 INSURER A: Cincinnati Casualty Company 28665 INSURED INSURER B : Cincinnati Insurance Company 10677 Paragon Sports Constructors, LLC INSURER C 5001 Saunders Road INSURER D : Fort Worth, TX 76119 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EPP0650211 06/01/2024 06/01/202 EACH OCCURRENCE $1,000,000 CLAIMS -MADE FOCCUR PREMISESO(Ea occur ence) $100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 PRO - X PRODUCTS - COMP/OP AGO $ 2,000,000 POLICY JECT OTHER LOG $ A AUTOMOBILE LIABILITY EPP0650211 06/01/2024 06/01/2020 COMBINED SINGLE LIMITaccident)$1,000,000 (Ea X ANY AUTO BODILY INJURY (Per person) $ OWNED ONLY SCHEDULED BODILY INJURY (Per accident) $ AUTOS X HIRED X AUTOS NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ A X UMBRELLA LAB OCCUR EPP0650211 06/01/2024 06/01/2025 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS -MADE I AGGREGATE $5,000,000 DED RETENTION $ $ B WORKERS COMPENSATION EWC0650214 06/01/2024 06/01/2025 X (SPER TATUTE FORH AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E L DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $1,000,000 A Leased/Rented EPP0650211 06/01/2024 06/01/202 $550,000 Per Occurence Equipment $550,00 Max Per Item Installation Fltr $2,500,000 Per Project DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Auto Liability policies Include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability, Auto Liability and Workers Compensation policies provide a Blanket Waiver of Subrogation in favor of the same, when required by written contract. The General Liability and Auto Liability policies (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of College Station SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 9960, 1101 Texas Ave ACCORDANCE WITH THE POLICY PROVISIONS. College Station, TX 77842 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S45824888/M45010659 CZDHD Page 224 of 525 DESCRIPTIONS (Continued from Page 1) contain a special endorsement with "Primary and Noncontributory" wording. Umbrella Policy is Follow Form. SAGITTA 25.3 (2016/03) 2 of 2 #S45824888/M45010659 Page 225 of525 August 22, 2024 Item No. 7.1. Recreation Center Market Analysis & Survey Update Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a presentation and update on the Recreation Center Market Analysis and Survey. Relationship to Strategic Goals: Core Services and Infrastructure, Diverse and Growing Economy Recommendation(s): n/a Summary: Presentation and update on the Recreation Center Market Analysis and Survey. Budget & Financial Summary: n/a Attachments: None Page 226 of 525 August 22, 2024 Item No. 8.1. 2025 Tax Rate Public Hearing Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Public Hearing, presentation, possible action, and discussion on the City of College Station 2025 advertised ad valorem tax rate of $0.513086 per $100 valuation resulting in an increase in tax revenues. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Hold public hearing and receive citizen input on the tax rate. Summary: The governing body of a taxing entity may not adopt a tax rate that exceeds the lower of the voter -approval rate or the no -new revenue tax rate until the governing body has held a public hearing on the proposed tax rate. The City Council announced it would hold a public hearing on a tax rate of $0.513086 per $100 assessed valuation. This is the same tax rate as the 2024 tax rate. The notice of this public hearing was placed in the Eagle, as well as on the City's internet site, and the City's television channel. The City Council will vote on the tax rate on Thursday, August 22 at 6:00 PM. Budget & Financial Summary: The public hearing tax rate of $0.513086 per $100 assessed valuation will generate approximately $73.1 million in taxes. The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. Attachments: None Page 227 of 525 August 22, 2024 Item No. 8.2. FY25 Budget Adoption Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on an ordinance adopting the City of College Station 2024-2025 Budget; and presentation, possible action and discussion ratifying the property tax revenue increase reflected in the budget. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends the City Council approve the ordinance adopting the proposed 2024-2025 budget with any changes the Council wishes to include. A summary of changes the City Council has discussed will be presented to the Council for consideration. Summary: There are two actions in this agenda item. First is the consideration of the 2024-2025 proposed budget. The City Council received the proposed budget on July 8, 2024 and held budget workshops on July 15th and 16th. The City Council held a public hearing on the proposed budget on July 25th. The City Council will need to include any proposed revisions to the budget in the motion to adopt the budget. The second action is ratification of the property tax revenue increase reflected in the budget. House Bill 3195 amended the local government code, requiring the following: "(c) Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate as required by Chapter 26, Tax Code, or other law." The proposed budget will result in additional property tax revenues over last year of approximately $3.0 million. The proposed tax rate is $0.513086 per $100 assessed valuation is the same rate as in FY24. Budget & Financial Summary: The following is an overall summary of the proposed budget with workshop revisions. Page 228 of 525 Subtotal Operation and Maintenance Subtotal Capital: Total Proposed Budget: Attachments: $366,160,031 174,351,642 $540,511,673 Appendix A Ordinance - FY25 Budget FINAL Page 229 of 525 ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR THE 2024-2025 FISCAL YEAR AND AUTHORIZING EXPENDITURES AS THEREIN PROVIDED. WHEREAS, a proposed budget for the fiscal year October 1, 2024 to September 30, 2025, was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the Charter of the City of College Station, Texas, notice of said hearing having first been duly given; and WHEREAS, the City Council has reviewed and amended the proposed budget and changes as approved by the City Council have been identified and their effect included in the budget; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the proposed budget as amended by the City Council of the City of College Station, which is made a part hereof to the same extent as if set forth at length herein, is hereby adopted and approved, a copy of which is on file in the Office of the City Secretary in College Station, Texas. PART 2: That authorization is hereby granted for the expenditure of the same under the respective items contained in said budget with the approved fiscal and budgetary policy statements of the City. PART 3: The governing body, the City Council, has authorized the City Manager, through the budget ordinance, to assign fund balance. Assignments, unlike commitments, are not permanent and a formal action is not required for the removal of an assignment. Finally, assignments may not result in a deficit in Unassigned Fund Balance. Assizned Fund Balance includes amounts that are constrained by the government's intent to be used for specific purposes but are neither restricted nor committed. PART 4: That the City Manager and his authorized and designated employees, at his discretion, be, and are hereby authorized to approve and execute contracts and documents authorizing the payment of funds and to expend public funds for expenditures that are $100,000 or less; to exercise, approve and execute all contract renewal options for approved contracts, subject to and contingent upon appropriation of sufficient budgeted funds by the City, to approve and execute change orders authorizing the expenditure of funds pursuant to the TEXAS LOCAL GOVERNMENT CODE or as provided in the original contract document or in accordance with the applicable Finance administrative procedure. The intent of this section is to provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. Page 230 of 525 Budget Ordinance FY 24-25 Page 2 of 6 PART 5: That the City Manager and his authorized and designated employees, at his discretion, be, and are hereby, authorized to provide for transfers of any unexpended or unencumbered appropriation balance within each of the various departments and within any other fund of the City. PART 6: That the City Council hereby approves the funding and the purchases that are made pursuant to interlocal agreements as provided by CHAPTER 271, SUBCHAPTERS (D) AND (F) of the TEXAS LOCAL GOVERNMENT CODE in this budget and authorizes the City Manager and his authorized and designated employees, at his discretion, to approve and execute contracts and documents authorizing the payment of funds, and to expend public funds that have been expressly designated, approved, and appropriated in this budget for new and replacement equipment as set out in the 2024-25 Fiscal Year Fleet and Equipment Replacement Funds, and technology related hardware and software as set out in Attachment "A" to this Ordinance. PART 7: That this ordinance shall become effective immediately after passage and approval. PASSED AND APPROVED THIS 22ND DAY OF AUGUST 2024. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 231 of 525 Budget Ordinance FY 24-25 Page 3 of 6 ATTACHMENT A 2024-25 FISCAL YEAR FLEET AND EQUIPMENT REPLACEMENT FUNDS AND TECHNOLOGY RELATED HARDWARE AND SOFTWARE Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal agreements as provided by Chapter 271, Subchapters (D) and (F) of the Texas Local Government Code. Estimated Avg. Projected ITEM Quantity Unit Cost Total Scheduled Replacement/Repair/Additions Replacement Computers 200 2,200 440,000 Replacement Scanners 13,000 Printer replacement Parts 3,000 PC Replacement Parts (Video Cards, Hard Drive & Memory) 5,000 Replacement Public Safety Mobile Data Terminals 5 6,000 30,000 Replace single server 3 15,000 45,000 Server replacement parts 10,000 Server OS replacement/upgrade 40,000 SQL Std 8 8,500 68,000 Replacement UPS battery/units 109,400 Estimated Additional Desktop Software 35,000 Includes but not limited to New & Upgrade versions of Adobe Acrobat, PageMaker, Photoshop Illustrator, Premier, Audition, Project, Visio, Vstudio.net, AutoCAD, Crystal, Corel Draw Computer Network Maint. and Equipment Replacement 40,000 Motorola Radio Repair/Replacement 37,000 Page 232 of 525 Budget Ordinance FY 24-25 Page 4 of 6 Telephone Repair/Replacement 20,000 Fiber ring expansion 225,000 Subtotal - Scheduled Replacement $1,120,400 Service Level Adjustments Rubrik 200,117 Host Servers (2) 108,000 Aerial Imagery 162,500 Subtotal - Service Level Adjustments $470,617 Unscheduled Replacements/Additions Estimated Additional Computer setups 75 1,800 135,000 not identified specifically in budget includes but not limited to: Monitor, network card, extended warranty, added memory Estimated Standard Desktop Software 30,000 not identified specifically in budget Includes but not limited to: Microsoft Office , Trend, Microsoft Windows client access license, Novell ZenWorks and other subscriptions Estimated Additional Desktop Software 20,000 Includes but not limited to New & Upgrade versions of Adobe Acrobat, PageMaker, Photoshop,Illustrator, Premier, Audition Project, Visio, Vstudio.net, AutoCAD, Crystal, Corel Draw, Cognos Estimated Additional Printers/Plotters 12,000 Estimated Computer misc. parts 10,000 includes: hard drives, network cards, network cables Estimated Monitor upgrades 12,500 includes: larger than standard Estimated Additional Scanners 20 800 16,000 Page 233 of 525 Budget Ordinance FY 24-25 Page 5 of 6 Estimated Additional Laptops/Toughbooks 65 1,800 117,000 Estimated Network Upgrades 20,000 Estimated Motorola Radio Repair/Replacement 10,000 Sub -Total Unscheduled Replacement/Additions $382,500 Phone System Maintenance Cisco SmartNet Maintenance 68,000 Subtotal - Phone System Maintenance $68,000 Network Software on Master License Agreement (MLA) Microsoft Enterprise Agreement 100,000 Added M365 additional licenses and services 330,000 Solarwinds 15,000 Rubrik 130,606 VMWARE support through VMWare 38 1,400 53,200 Vicenter Support 2 1,499 2,998 City Works Premium License 110,250 Faster Maintenance 18,000 CTWP Copiers 52,300 UBEO Plotters 17,300 Subtotal - Network Software on MLA $829,654 PC Hardware and Software Maintenance/Subscriptions HP Printer/Plotter Maintenance 1,500 AutoCAD 17,000 Page 234 of 525 Budget Ordinance FY 24-25 Page 6 of 6 Adobe Creative Suite Adobe Pro Barracuda Spam/Spyware Firewall Maintenance Aruba Maintenance Everbridge Paging Subscription Siemens Access Control System Subtotal - PC Software Maintenance IBM Hardware and Software Maintenance Hardware Maintenance (2 power 7's) Power 7 Software Subscription and Support Subtotal - IBM Hardware and Software Maintenance 2 15,000 10,000 33,000 97,000 7,000 42,500 32,000 $255,000 15,000 18,000 $33,000 Grand Total $3,159,171 Page 235 of 525 August 22, 2024 Item No. 8.3. 2025 Ad Valorem Tax Rate Adoption Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discusion, and possible action on approval of an ordinance adopting the City of College Station 2024-2025 ad valorem tax rate of $0.513086 per $100 assessed valuation, the debt service portion being $0.211441 per $100 assessed valuation and the operations and maintenance portion being $0.301645 per $100 assessed valuation. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends Council adopt the tax rate of $0.513086 per $100 assessed valuation. Summary: On August 8th, the City Council discussed the tax rate and called a public hearing on a tax rate of $0.513086. This is the same tax rate as 2024. The tax rate must be adopted as two separate components — one for Operations and Maintenance and one for Debt Service. $0.301645 O&M $0.211441 Debt Service $0.513086 Total Tax Rate This is the tax rate that was used to prepare the proposed budget. If the City Council adopts a tax rate lower than the proposed rate, the budget will have to be amended and reduced. Current Tax Rate: $0.513086 No New Revenue Tax Rate: $0.499960 Voter Approved Tax Rate: $0.521442 Proposed Tax Rate: $0.513086 Budget & Financial Summary: The proposed tax rate of $0.513086 per $100 assessed valuation will generate approximately $73.1 million. The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. Attachments: Appendix A - Ad Valorem Ordinance - FY24-25 - FINAL Page 236 of 525 Page 237 of 525 ORDINANCE NO. AN ORDINANCE LEVYING THE AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF COLLEGE STATION, TEXAS, AND PROVIDING FOR THE GENERAL DEBT SERVICE FUND FOR THE YEAR 2024-25 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION I. That there is hereby levied and there shall be collected for the use and support of the municipal government of the City of College Station, Texas, and to provide General Debt Service for the 2024-25 fiscal year upon all property, real, personal and mixed within the corporate limits of said city subject to taxation, a tax of fifty-one and thirty hundredths and eighty- six thousand cents ($0.513086) on each one hundred dollar ($100.00) valuation of property, and said tax being so levied and apportioned to the specific purpose herein set forth: 1. For the maintenance and support of the general government (General Fund), thirty and sixteen hundred and forty-five thousand cents ($0.301645) on each one -hundred -dollar ($100.00) valuation of property; and 2. For the general obligation debt service (Debt Service Fund), is twenty-one and fourteen hundred and forty-one thousand cents ($0.211441) on each one hundred dollars ($100.00) valuation of property to be used for principal and interest payments on bonds and other obligations of the fund. SECTION II. All moneys collected under this ordinance for the specific items therein named, shall be and the same are hereby appropriated and set apart for the specific purpose indicated in each item and the Assessor and Collector of Taxes and the Chief Financial Officer shall keep these accounts so as to readily and distinctly show the amount collected, the amounts expended and the amount on hand at any time, belonging to such funds. It is hereby made the duty of the Tax Assessor and Collector to deliver a statement at the time of depositing any money, showing from what source such taxes were received and to what account (General Fund or General Debt Service Fund) the funds were deposited. Page 238 of 525 Ad Valorem Tax Ordinance FY 24-25 Page 2 of 2 SECTION III. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. SECTION IV. That this ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF AUGUST 2024. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 239 of 525 August 22, 2024 Item No. 8.4. FY25 Fee Resolution Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Public Hearing, presentation, possible action, and discussion on a resolution adopting fees, rates, and charges as provided by Chapter 2 "Administration", Article V "Finance" Division 2 "Fees, Rates and Charges" of the Code of Ordinances, City of College Station, Texas. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends the City Council approve the resolution adopting the Fees, Rates and Charges for Fiscal Year 2025. Summary: All fees, rates and charges in the Code of Ordinances are adopted by resolution of the City Council as provided in Sec. 2-117 of the Code. Each year with the budget the Council adopts a new resolution to keep the fees, rates, and charges current. Budget & Financial Summary: Detail of revenue history and budget estimates by major fund can be found in the Fiscal Year 2025 budget document at Appendix D. Attachments: 1. FY 24-25 Fee Resolution - v3 FINAL 08.05.24 2. Fee Resolution Summary for Council Page 240 of 525 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS (CITY), ESTABLISHING THE FEES, RATES AND CHARGES AS AUTHORIZED IN CHAPTER 2 "ADMINISTRATION", ART. V. "FINANCE", DIV. 2 "FEES, RATES AND CHARGES" OF THE CODE OF ORDINANCES; AND REPEALING PRIOR FEES, RATES AND CHARGES FOUND RESOLUTIONS AND AMENDMENTS AND REPEALING PRIOR RESOLUTIONS AND AMENDMENTS ESTABLISHING ANY FEES, RATES OR CHARGES. WHEREAS, the Code of Ordinances, City of College Station, Texas contains substantially all ordinances compiled, adopted and approved by the College Station City Council; and WHEREAS, Chapter 2 "Administration", Art. V. "Finance", Div. 2 "Fees, Rates and Charges" of the Code of Ordinances, City of College Station, Texas requires all fees, rates and charges be adopted by resolution; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council has approved, authorized and established the fees, rates and charges as provided by Chapter 2 "Administration", Art. V. "Finance", Div. 2 "Fees, Rates and Charges" of the Code of Ordinances, City of College Station, Texas, and as shown in Exhibit A, "Fees, Rates and Charges". PART 2: That reference to a Chapter, Article, Division or Section in Exhibit A, "Fees, Rates and Charges" shall be considered a reference to the same Chapter, Article, Division or Section from the Code of Ordinances, City of College Station, Texas. PART 3: That the City Council hereby repeals all prior resolutions and amendments establishing any fees, rates or charges as are established in Exhibit A, "Fees, Rates and Charges". PART 4: That this resolution shall become effective immediately after passage and approval. ADOPTED this 22°d day of August, 2024. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Page 241 of 525 Resolution No. August 22, 2024 EXHIBIT A FEES, RATES AND CHARGES CHAPTER 2: ADMINISTRATION 1. Article V. Finance Division 2. Fees, Rates and Charges a. Sec. 2-118. Service fees. Page 2 of 52 i. Service fees established. 1. The fee for a payment by a card for a fee, fine, court cost, or other charge shall be set as $3.00 per transaction. 2. Returned check fee to pay any amount - $25.00 3. Credit Card Charge Back Fee - $25.00 4. Notary Public fee per document - $6.00 b. Sec. 2-119. Police Department Services. i. Police Escorts. $50.00 per hour per each officer. ii. Livestock Permit Fee. - $35.00 c. Sec. 2-120. Fire Department Services i. Requests for incident reports prepared by the Fire Department. ii. Mileage charges for Fire Department services outside the City limits will be in accordance with the IRS Standard Mileage Rates and may change from time to time. All tests conducted outside the city limits shall be charged at this rate times 1.5 plus mileage plus $20.00 for travel time. iii. Fire Department inspections of day care centers. - $50.00 iv. Fire Department inspections of foster homes. - $30.00 v. Fire Department inspections of nursing home facilities. - $150.00 vi. Fire Department inspections of health care facilities. - $150.00 vii. Fire Department Alternative Fire Suppression Systems Permit- $100 viii. Access Control tied to Fire Alarm Permit - $100 ix. Fire Department Fire Alarm Permit. $100.00 for up to 25 devices. Additional devices after are $2.00 per device. Any additional inspections are $75.00 per hour with a 2-hour minimum paid in advance. Multi -story buildings floors 1-4 are included. Any additional floors above 4 are permitted per floor. Multi -building complexes will be permitted per building up to 4 floors. x. Fire Department underground fire lines permit. - $150.00 xi. Fire Department Fuel tank Permit $100.00 xii. Fuel line leak testing performed by the Fire Department. - $100.00 xiii. Fire Department Fire sprinkler system Permit. $125.00 for up to 100 heads. Additional heads after 100 are $1.00 per head. Any additional inspection on the same system is $125.00 per inspection. Multi -story buildings floors 1-4 are included. Any additional floors above 4 are permitted per floor. Multi -building complexes are permitted per building up to 4 floors. xiv. Fire Department inspections of a hospital- $250.00 Page 242 of 525 Resolution No. August 22, 2024 Page 3 of 52 xv. Annual life safety inspections, after the second re -inspection a $150 re -inspection fee will be assessed on each inspection thereafter. xvi. Fire Department Burn Permit Fee — Ten Day Commercial Burn Permit $500.00 and Ten Day Residential Burn Permit - $50.00 xvii. Fire Department after hours (after hours means anytime other than Monday — Friday 8 AM — 5 PM) inspection - $75.00 per hour, per inspector with a two- hour minimum charge. xviii. Fire Department Stand by for special events $50 per hour per person (2 person minimum) xix. The provision of emergency medical services basic life support (BLS) with transportation. - $1,200.00 base fee plus $19.00 per loaded mile xx. The provision of emergency medical services advanced life support (ALS1) with transportation. - $1,400.00 base fee plus $19.00 per loaded mile xxi. The provision of emergency medical services advanced life support, level 2 (ALS2) with transportation. - $1,650.00 base fee plus $19.00 per loaded mile xxii. The provision of emergency medical services specialty care transport (SCT) from one medical facility to another medical facility. - $1,700.00 base fee plus $19.00 per loaded mile xxiii. The provision of fire and emergency medical services for non-residents without transportation. - $250.00 xxiv. Administrative fees and reimbursement fees for supplies and medications. 1. The provision of BLS, ALS 1 or ALS2 services with transportation when oxygen is used shall be charged a $130.00 supply fee to cover oxygen costs. 2. The provision of BLS services with transportation shall be charged a $200.00 supply fee to cover single patient use items. 3. The provision of ALS 1 or ALS2 services with transportation shall be charged a $400.00 supply fee to cover single patient use items. xxv. Hazardous Materials incidents 1. Level I response - Claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up, and command. $300 per hour with a 1-hour minimum plus consumables at market value. 2. Level II response - Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, Level A or B suit donning, breathing air and detection equipment. Set-up and removal of decontamination center. $600 per hour with a 2-hour minimum plus consumables at market value. xxvi. Mobile Food Vendor Permit.-$100.00 xxvii. Hot Work Permit. - $100.00 xxviii. Emergency Access Gate Permit.-$50.00 Page 243 of 525 Resolution No. Page 4 of 52 August 22, 2024 d. Sec. 2-122. Planning and Development Services Department. The development application and permit fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. i. Building permit fees for structures requiring a building permit: 1. Building Permit Fee Schedule 2. RESIDENTIAL Single -Family or Duplex Permits Permit Types Permit Fee New Single -Family or Duplex Building $0.72 per square foot Accessory: Living Quarters or Pool House $0.72 per square foot; $123 minimum Accessory: All Other $0.54 per square foot; $61 minimum Mechanical Change -Outs $92 $53 minimum for the first 1,000 square Mechanical Permit feet of building area plus $0.03 per square foot over 1,000 square feet Remodel or Addition $0.72 per square foot; $123 minimum Re -Roof $92 Multi -Family Permits Permit Types Permit Fee New Multi -Family Building $0.44 per square foot Accessory: All Other $0.54 per square foot; $61 minimum Mechanical Change -Outs 92 incorrect @ $90 Mechanical Permit $53 minimum for the first 1,000 square feet of building area plus $0.03 per square foot over 1,000 square feet Remodel or Addition $0.44 per square foot; $123 minimum Re -Roof $184 Page 244 of 525 Resolution No. August 22, 2024 6. Page 5 of 52 4. COMMERCIAL PERMITS Commercial Permit Types Permit Fee New Commercial Building Remodel, Addition, or Accessory Mechanical and Mechanical Change -Outs Mechanical Vent Hood Mechanical Walk -In Cooler Re -Roof Permit Window Replacements Permit Fee Schedule Permit Fee Schedule $39 minimum for the first $1,000 valuation, plus $6.55 for each additional $1,000 valuation, or fraction thereof $92 $92 $184 Permit Fee Schedule $123 Minimum 5. PERMIT FEE SCHEDULE Estimated Building Permit Fee Construction Valuation $39 for the first $1,000 valuation plus $0 to $50,000 $6.55 for each additional $1,000 valuation, or fraction thereof, up to $50,000 valuation $360 for the first $50,000 valuation plus $50,001 to $ ] 00,000 $5.20 for each additional $1,000 valuation, or fraction thereof, up to $100,000 valuation $621 for the first $100,000 valuation $100,001 to $500,000 plus $3.90for each additional $1,000 valuation, or fraction thereof, up to $500,000 valuation $2,190 for the first $500,000 valuation $500,001 and up plus $2.65 for each additional $1,000 valuation thereafter 7. MISCELLANEOUS PERMITS Banner Permit $275 Construction Board of Adjustments $667 Contractor Registration Demolition Permit Driveway Permit Electrical Permit $78 $65 $65 $53 minimum for the first 1,000 square feet of building area plus $0.03 per square foot over 1,000 square feet Page 245 of 525 Resolution No. Page 6 of 52 August 22, 2024 Electrical Repair or Alteration $52 Inspections After Hours (anytime other $96 than M-F, 8-5) Irrigation Permit $39 Location Permit $65 Moving Permit $131 Plumbing Permit Base Fee $39 Plumbing Fixtures (includes sinks, lavatories, water heaters, tubs, showers, urinals, water closets, bidets, drinking $6.55 fountains, floor drains, dishwashers, oil/sand traps, link traps, grease traps, machines, etc.) Sewer Line (new or replacement) $6.55 Water Line (new or replacement) $6.55 Storm Sewer Line (new or replacement) $6.55 Plumbing Gas Permit Base Fee $39 Gas Piping (up to four gas outlets) $6.55 Gas Piping (each gas outlet over four) $1.30 Pool Permit Permit Fee Schedule Portable Storage Container Permit $65 Reinspection (applies to all inspections) $128 Sign Permit (includes Grand Opening; $199 excludes Banners) Solar Panels — Residential $675 Solar Panels — Commercial $798 Tank Permit (fuel and water tanks, fuel Permit Fee Schedule dispensing systems) Temporary Power Pole: College Station $98 Utilities (includes connection) Temporary Power Pole: Bryan Texas $39 Utilities Temporary Power Pole: Entergy $39 Tent Permit Permit Fee Schedule Window Replacements (Residential) $123 Page 246 of 525 Resolution No. August 22, 2024 Page 7 of 52 Planning and Development Services Fees as Authorized by Appendix A-12-3.2- C-3. Abandonment — Easement or ROW $980 Administrative Adjustment $131 Alternative Parking Plan $131 Comprehensive Plan Amendment $1,621 Conditional Use Permit $1,621 Design Review Board $497 Development Permit/Public Infrastructure $767.11 minimum + below Review and Inspection Fee Water $178.28 per 100 Linear Feet Sewer $139.65 per 100 Linear Feet Storm $159.45 per 100 Linear Feet Street $555.62 per 100 Linear Feet Sidewalk $317.92 per 100 Linear Feet Lift Station Review and Inspection $3,214.54 Final Plat or Development Plat $1,294 Final plat (minor or amending) $980 Waiver or Variance — Subdivision $327 Regulations Non -Residential Architectural (NRA) $497 Preliminary Plan $1,294 Reinspection (applies to all inspection $128 types) Rezoning (Including PDD and P-MUD) $1,621 PDD Amendment - P&Z and Council $444 Review PDD Amendment - Staff Review Only $248 Site Plan $1,294 Minor Site Plan $497 Written Interpretation $157 Zoning Board of Adjustment $497 Zoning Letter $131 Page 247 of 525 Resolution No. August 22, 2024 a. Sec. 2-123. City Facility Use Fees Page 8 of 52 The fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. a. The City Manager may set the fees, rates, or charges to use any City Facility that is not covered by the Code of Ordinances. b. 1207 Visitor Center and Event Space user fees, rates, and charges. User Fee up to 4 hours $2,000 User Fee up to 8 hours $3,000 Refundable Security Deposit 50% of applicable User Fee Event Ticket Sales 10% of gross ticket sales Use of City Staff for Set -Up, Take Down, Applicable fully loaded direct costs for Clean-up or Security, personnel utilized for actual time incurred Page 248 of 525 Resolution No. August 22, 2024 Page 9 of 52 FEES, CHARGES AND RATES NOT LISTED IN FINANCE SECTION OF CODE OF ORDINANCES: CHAPTER 6: ANIMALS 1. Article I. In General a. Sec. 6-116(1). Requirements for owner of a dangerous dog. i. Registration. Register the dangerous dog with the Animal Control Authority and pay an annual registration fee of $500.00 for the first year and a $250.00 re - registration fee thereafter unless such dog has violated one or more provisions of this chapter during the previous year, in which case an annual renewal registration fee of $500.00 shall be assessed as established in Section 2-117. b. Sec. 6-150(c). Rabbits. i. Permit requirements. The following is required to be issued a permit for keeping of rabbits in a single-family residential zone: payment of a fee as may be established in Section 2-117. - $35.00 c. Sec. 6-151(c). Ferrets. i. Permit requirements. The following is required to be issued a permit for ferrets: payment of a fee as may be established in Section 2-117. - $35.00 Page 249 of 525 Resolution No. August 22, 2024 CHAPTER 8: BUSINESSES 1. Article III. Credit Access Businesses Division 2. Registration Page 10 of 52 a. Sec. 8-81. Required. i. A person commits an offense if the person acts, operates, or conducts businesses as a credit access business without a valid certificate of registration. A certificate of registration is required for each physically separate credit access business. A fee of $50.00, which may be amended from time to time by resolution or ordinance is established for each physically separate credit access business within the City limits. 2. Article IV. Gravediggers Division 2. License a. Sec. 8-145. Gravediggers. i. A person who seeks a license hereunder shall apply to the City Secretary on a form furnished for such purpose. Upon meeting the qualifications and requirements of this division, such person shall be issued a license by the City Secretary. Each new applicant shall pay an application fee of $100.00. Each licensee must pay a yearly renewal fee of $25.00. All yearly fees and proof of insurance are due by March 15. A license shall be effective for a period of one year from the date of issuance or until the set renewal date of March 15. 3. Article V. Home Solicitation Division 2. Home Solicitor Registration a. Sec. 8-210(b). Application; fee; expiration; non -transferability; material changes. i. Application filed under this section must be accompanied by a nonrefundable registration fee of $50.00. ii. Renewal Application filed under this section must be accompanied by a nonrefundable registration fee of $25.00. iii. Identification badge fee - $10.00. b. Sec. 8-211(d). Issuance, denial, and display of registration; identification badge. i. If a City -issued home solicitor's identification badge is lost, mutilated, or destroyed, the City Manager or designee shall issue the registrant a duplicate identification badge upon payment of a $10.00 duplicate badge fee. Division 3. Itinerant Vendor Permit a. Sec. 8-235(d). Required; application. i. An application for an I -Vendor permit shall be accompanied by a fee of $65.00 Page 250 of 525 Resolution No. Page 11 of 52 August 22, 2024 4. Article VI. Carnivals, Circuses, Menageries, Sideshows, Concessions, and Special Events Division 2. Permit a. Sec. 8-296. Fees. i. Application. The applicant shall pay a nonrefundable application fee established in Section 2-117 upon submission of an application to the City. The application fee may be waived for a nonprofit association holding an event. The application fee shall not be waived for any event involving alcohol sales and/or consumption. - $261.00 ii. Re -inspection fee. If the event is not operated on consecutive calendar days, the City shall re -inspect the premises as provided herein. A re -inspection fee of $65.00 shall be paid by the applicant to the City to cover the cost of each re -inspection. 5. Article VII. Secondhand Dealers Division 2. Permit a. Sec. 8-361(a). Issuance, fee. i. Upon receipt of the application, the City Accounts Receivable Fiscal Services Department shall issue a permit upon the payment of a fee established by the City Council in Section 2-117; provided, however, no permit shall be issued to any applicant who has been found guilty of a criminal offense against property defined in Texas Penal Code title 7 (Texas Penal Code ch. 28 et seq.) by a court of competent jurisdiction within the preceding five years. Permits issued hereunder shall be valid for a period of one year from the date of issuance thereof. 6. Article VIII. Mobile Food Vendors Division 2. Permit a. Sec. 8-418. Permit. i. The application fee for a mobile food vendor permit shall be $654.00. Each mobile food vendor unit shall be permitted separately. Mobile food vendor permits shall be valid for one year from the date of permit issuance. ii. Upon renewal, the applicant must provide a new complete application, payment of a $327.00 renewal fee, and new permitting documentation. The applicant must submit the application and renewal fee within 30 days after expiration of the permit or must reapply as a new applicant. iii. The application fee for a concession cart shall be $327.00 for initial application, and a renewal fee of $131.00. Page 251 of 525 Resolution No. August 22, 2024 7. Article XI. Taxicabs Division 2. Service License Page 12 of 52 a. Sec. 8-588(c). Application. i. Each application shall be accompanied by a non-refundable license fee of $50.00 per taxicab license service to defray the expense of carrying out the provisions of this section. Division 3. Driver Permit b. Sec. 8-619(b). Fee generally; issuance; term. i. The annual fee for driver's permits issued prior to June 30 shall be $10.00. Fees for permits issued on June 30 or there after shall be $5.00. No portion of the fee shall be refunded in the event the permit is terminated prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. c. Sec. 8-620. Term; expiration; renewal. i. The term of all permits shall be for not more than one year with expiration on December 31. Renewals shall be applied for in the same manner as specified for the original permit. Renewal permits may be issued during the month of December for expiration on December 31 of the following year. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. Division 4. Vehicle Permit d. Sec. 8-650. Fees. i. The annual fee for vehicle permits issued prior to June 30 shall be $10.00. Fees for permits issued on June 30 or there after shall be $5.00. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. ii. The annual fee for vehicle permits issued prior to June 30 shall be established in Section 2-117. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a fee established in Section 2-117. $50.00 e. Sec. 8-654. Reinstatement of suspended permit; fee. i. Vehicle permits suspended because of failure to comply with the requirements of Section 8-649(b) may be reinstated as soon as the vehicle is brought back into compliance with Section 8-649(b). Application for such reinstatement shall be made in writing to the City on the form provided by the City. The non-proratable fee for such reinstatement shall be $5.00. Page 252 of 525 Resolution No. Page 13 of 52 August 22, 2024 8. Article XII. Pedicabs Division 2. License and Permit Subdivision Il. License a. Sec. 8-742. License fee. i. Each application must be accompanied by a non-refundable license fee $50.00. Subdivision III. Permit b. Sec. 8-774(c). Pedicab Permits. i. Fees. The annual fee for pedicab permits issued prior to June 30th shall be $10.00. Fees for permits issued on June 30th or there after shall be $5.00. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. c. Sec. 8-775(d). Revocation and suspension of pedicab permit. i. Reinstatement of suspended permit and fee. Pedicab permits suspended because of failure to comply with the requirements of this article may be reinstated as soon as the pedicab is brought back into compliance. Application for such reinstatement shall be made in writing to the City on the form provided by the City. The fee for reinstatement shall be $5.00. Division 3. Driver Permit d. Sec. 8-806. Fee. i. The fee for driver permits issued prior to June 30th shall be $10.00. Fees for permits issued on June 30th or there after shall be $5.00. No portion of the fee shall be refunded in the event the permit is terminated prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. 9. Article XIII. Shared Micromobility a. Sec. 8-824. Fees and Costs. i. Permit Application Annual Fee. $920.00. ii. Permit Renewal Fee. $460.00. iii. Removal, Impoundment, and/or Relocation Fee. A shared mobility operator shall be assessed a $153.00 for each bike removed, impounded, or relocated. iv. Abandonment Fee. Escrow balance to remain with the City for continued operations $5,486.00. Page 253 of 525 Resolution No. August 22, 2024 CHAPTER 10: CEMETERIES 1. Article 11. City Owned or Maintained Cemeteries a. Sec. 10-25(e). Purchase options. i. Price. The Brice of all sbaces in the 1. College Station Cemetery: Standard Space Cremate Space Infant Space 2. Memorial Cemetery of College Station: Municipal Section: Standard Space Columbaria Niche (Single / Double) Aggie Field of Honor: Infant Space Standard Space Columbaria Niche (Single / Double) 3. Grave Opening and Closing Fee 4. Mark the Grave and Set the Monument 5. Memorial Bench Set Fee 6. Cemetery Deed Filing Fee Page 14 of 52 cemeteries shall be established as: $1,750 $440 $220 $1,750 $825 / $1445 $220 $3,250 $1,650 / $3000 $150 $100 $100 Up to $34 Page 254 of 525 Resolution No. August 22, 2024 Page 15 of 52 CHAPTER 12: EMERGENCY MANAGEMENT AND EMERGENCY SERVICES 1. Article III. Ambulances Division 2. Permit a. Sec. 12-79(a). Permit fees, conditions and renewal. i. The fee for the permit required in Section 12-77 shall be $500.00 per company and $150.00 per ambulance, and all permits issued under this division shall terminate on December 31 of each year. Such permits may be renewed by paying the permit fee and submitting proof of current Texas Department of Health Services license and liability requirements as provided in section 12-78, and other documentation required by the EMS Chief. 2. Article IV. Alarm Systems a. Sec. 12-113(b). False alarms. i. An alarm user or subscriber shall be allowed three false alarms in a preceding 12- month period without penalty. After this, a user or subscriber shall be assessed a fine fee based on the following schedule established in Section 2-117. ii. Police Department Number of False Alarms Fine 1. 1-3 false alarms $0.00 2. 4-5 false alarms $50.00 for each false alarm 3. 6-7 false alarms $75.00 for false alarm 4. 8 or more false alarms $100.00 for each false alarm iii. Fire Department Number of False Alarms 1. 1-3 false alarms $0.00 2. 4-5 false alarms $85.00 for each false alarm 3. 6-7 false alarms $110.50 for false alarm 4. 8 or more false alarms $145.00 for each false alarm Page 255 of 525 Resolution No. Page 16 of 52 August 22, 2024 CHAPTER 14: ENVIRONMENT AND NATURAL RESOURCES 1. Article II.Oil and Gas Division 2. Production Permits Subdivision I. In General a. Sec. 14-58. Permit application generally. i. A permit application shall include Application fee as set by Council resolution established in Section 2-117. b. Sec. 14-67(b). Permit period and renewal. i. The operator will submit an application form for a renewal permit no later than 30 days before the expiration of the operator's permit, and indicate in the application what changes are requested at the oil or gas operations site. An inspection and renewal fee established in Section 2-117 shall be paid at the time of reapplication. The operator recognizes the reclassification of a permit from rural to urban may occur due to adjacent development. $7,922.00 ii. Application requirements. Renewal applications shall include any of the following items which have changed since the original permit application, which shall be current and updated, as applicable, to cover the renewal period: 1. Renewal application fee as set by Council resolution established in Section 2-117. $2,641.00 Subdivision II. Permit Types and Requirements a. Sec. 14-99(b). Urban permit. iii. Notice. Before consideration of an urban permit application by the City Council, the City Engineer shall cause the following notices of public hearing to be issued, at the operator's expense, no later than two weeks before the regular Council meeting in which the public hearing will be held: 1. Notice of the public hearing shall be published in a newspaper of general circulation in the City. 2. Notice of the public hearing shall be made to all persons with property within 1,000 feet of the proposed oil or gas operations site as shown by the latest Brazos County Appraisal District certified tax rolls, by certified mail, return receipt requested. The operator shall pay the City $5.25 for each such notification letter. No notification letter shall be required for property owners who have signed and acknowledged before a Notary Public the consent form acceptable to the City. b. Sec. 14-100(a). Rural permit. i. Notice. Before final consideration of a rural permit application by the City Engineer, the City Engineer shall cause the following notices to be issued, at the operator's expense, to provide at least a two -week public comment period before any final action is taken by the City Engineer: Page 256 of 525 Resolution No. Page 17 of 52 August 22, 2024 3. Notice of the rural permit application shall be published in a newspaper of general circulation in the City; and 4. Notice shall also be made to all persons with property within 1,000 feet of the proposed oil or gas operations site as shown by the latest Brazos County Appraisal District certified tax rolls, by certified mail, return receipt requested. The operator shall pay the City $5.25 for each such notification letter. No notification letter shall be required for property owners who have signed and acknowledged before a Notary Public consent to the proposed oil or gas operations or waiver of the right to receive further notices. a. Sec. 14-101. Seismic survey permit. i. Process. To obtain a permit, the operator must apply to the City, pay the permit fee as established by resolution of the City Council established in Section 2-117, and execute a License Agreement on a form approved by the City Attorney. The City Manager or his/her designee may negotiate and execute the License Agreement on behalf of the City. $6,602.00 Division 3. Other Requirements b. Sec. 14-151(a). Abandonment. i. The operator pays an abandonment fee in an amount set by Council resolution established in Section 2-117. $2,641.00 Page 257 of 525 Resolution No. August 22, 2024 CHAPTER 16: FIRE PREVENTION AND PROTECTION 1. Article I. In General Page 18 of 52 a. Sec. 16-2(b). Emergency and rescue services. i. Fees shall be collected for services provided within the College Station Fire Department designated response area that includes both inside and outside the City limits. Fees will not exceed the amount expended by the College Station Fire Department. Fire Administration shall collect applicable incident report information that will be forwarded to the College Station Fire Department's authorized agent responsible for collection of any incurred fees. The fees shall be established in Section 2-117. Page 258 of 525 Resolution No. August 22, 2024 CHAPTER 24: LIBRARIES 1. Ch. 24. Libraries Page 19 of 52 a. Sec. 24-2. Library fines, fees and other charges. i. All collections. $0.25 per day, with a maximum being the replacement cost of the materials (books, paperbacks, phonograph records, audiobooks, cassettes, periodicals and materials from the vertical file). There shall be a five-day grace period for books and paperbacks borrowed from the adult collection. ii. All collections of art prints and sculpture and DVD's, Blue -rays. $1.00 per day, with a maximum being the cost to replace the item. iii. Lost materials. Charges for lost or irreparably damaged items include the cost of the item plus a $5.00 non-refundable service charge. iv. Damaged materials. Charges are determined by the cataloging department of the library, based on the amount of time spent and materials used in repairing the item. — Cost of the item plus $5.00. v. Replacement of borrower's card. The initial card for County residents is free of charge. A $3.00 fee will be charged to replace a lost card. A. Non-resident library cards. Library cards will be issued to out -of -County residents for an annual fee of $24.00; such card is valid for one year from the month of purchase. vii. Returned Check Fee is $15.00. viii. Any collection agency fees. Page 259 of 525 Resolution No. August 22, 2024 CHAPTER 28: MUNICIPAL COURT OF RECORD 1. Ch. 28. Municipal Court of Record Page 20 of 52 a. Sec. 28-1(i). Generally. i. In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of $25.00. The transcript preparation fee does not include the fee for an actual transcript of the proceedings. The Clerk shall note the payment of the fee on the docket of the Court. If the case is reversed on appeal, the fee shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant, pursuant to Texas Government Code §§ 30.00014 and 30.00019. b. Sec. 28-3(b)(3). Juvenile Case Manager / Truancy Prevention & Diversion i. Each defendant convicted of a fine -only misdemeanor offense in the Municipal Court shall pay a Juvenile Case Manager fee of $5.00 as a cost of Court in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a fine - only misdemeanor offense. c. Sec. 284(c). Municipal Court building security fund. i. Each defendant convicted of a misdemeanor offense in the Municipal Court shall pay a Municipal Court building security fee of $4.90 as a cost of Court, in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a misdemeanor offense. d. Sec. 28-5(c). Municipal Court technology fund. i. Each defendant convicted of a misdemeanor offense in the Municipal Court of Record shall pay a Municipal Court technology fee of $4.00 in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a misdemeanor offense. e. Sec. 28-6(b). Municipal Court child safety fund. i. Authorization for fund. For every violation of an ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles as allowed by Texas Transportation Code § 542.202 or ch. 682 in the Municipal Court as a cost of Court, $5.00 shall be assessed in addition to any other fines, penalties, or Court costs and shall be collected in the same manner that other fines in the case are collected. f. Sec. 28-5(c). Municipal Jury fee. i. Each defendant convicted of a misdemeanor offense in the Municipal Court of Record shall pay a Municipal Court Jury fee of $.10 in addition to any other fines, Page 260 of 525 Resolution No. Page 21 of 52 August 22, 2024 penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a misdemeanor offense. g. Sec. 28-5(d). Local Consolidation fee. Courts are permitted to assess a single dollar amount that is then apportioned to various funds by percentages outlined in the Chapter 134 of the Local Government Code. The Local Consolidation Fee is as follows: Local Consolidated Fee (S 14) Fund Municipal Court Building Security Fund Local Truancy Pre,•Tntion and Diversion Fund Municipal Court Tecbnology Fund Municipal Airy Fund Peroent Dollar 35 4.90 35.7143 5.00 29-5714 4.00 _7143 .10e Page 261 of 525 Resolution No. August 22, 2024 CHAPTER 32: PARKS AND RECREATION 1. Article II. Public Conduct in Parks and Recreational Areas Division 2. Use Permits Page 22 of 52 a. Sec. 32-62(6). Application procedure. i. Payment of a fee, if any, as may from time to time be established by the City Council by Section 2-117. PARKS & RECREATION DEPARTMENT GENERAL FUND USER FEES 2. Athletic Field Rental — One (1) Field, Per Hour (Includes Field $42 $53 Redevelopment Fee of $5) 3. Athletic Field Rental Deposit Varies 4. Lights for Field Rentals (Per Hour/Per Field) $32 1 $40 6. Tournament/Event Rate Contact Parks and Recreation for Pricing 7. Key Fee (New Annual Fee and Replacement Fee) $11 each In addition to the rental fees, a deposit will be charged and paid by the renter in advance of any tournament. The deposit will vary depending on the type and size of the tournament. In addition to the rental and deposit fees, additional fees may be assessed to the renter depending on the length and type of tournament in order to cover expenses incurred by the Cityfor personnel and supplies needed to facilitate the tournament. Initial game field prep and light fees are included in the daily rental fee, but not in hourly rental fees. Page 262 of 525 Resolution No. August 22, 2024 Page 23 of 52 1. Bee Creek (100) / Oaks (40) Pavilions Monday — Thursday $210 $263 Friday — Sunday, and Holidays $263 $329 Deposit $210 $210 2. Central (200) / Bachmann (300) Pavilions Monday — Thursday $315 $394 Friday — Sunday, and Holidays $368 $460 Deposit $210 $210 3. John Crompton Park Pavilion (100) Monday — Thursday $210 $263 Friday — Sunday, and Holidays $263 $329 Deposit $210 $210 4. American Pavilion in Veterans Park (500) Monday — Thursday $368 $460 Friday — Sunday, and Holidays $420 $525 Deposit $210 $210 5. Dog Park Rentals — (Steeplechase $158 $198 Park and University Park) 6. Transfer / Cancellation Fee Per $21 Change Deposits are refundable if the -facility is left clean, damage -free, and the keys are returned. Deposits are refundable, less the $20 cancellation fee if reservation is cancelled no later than seven (7) days prior to rental date. () — The parenthesis by each pavilion shows the limit of occupants that the pavilion can -facilitate. 1. Vendor Permit $55 2. Alcohol Permit $60 Permit is required when alcohol is served at Lick Creek Nature Center, Lincoln Center, Meyer Community Center, Southwood Center, Wolf Pen Creek and Veterans Park rentals.) 3. Boot Camp Permit (per time slot selected weekly) $11 per month 4. Commissions: (Gross Sales minus Sales Tax) Food & Drinks 10% Other Goods 10% Alcoholic Beverages 20% Page 263 of 525 Resolution No. August 22, 2024 Page 24 of 52 Non -Commercial $1,100 $1,375 Private/Commercial $1,600 $2,000 2. Green Room Events — per hour, 2 hour minimum Non -Commercial $105 $131 Private/Commercial $126 $158 3. The Plaza at Wolf Pen Creek Rental (Includes Pavilion and Restroom) $210 $263 4. Festival Site Rental Non -Commercial $790 $988 Private/Commercial $1,100 $1,375 5. Amphitheater & Festival Site Rental Non -Commercial $1,315 $1,644 Private/Commercial $1,850 $2,313 6. Deposit Green Room, Plaza, or Festival Site $210 Amphitheater $630 7. Transfer / Cancellation Fee Per Change Per Rental Agreement A percentage of ticketing and fees for service personnel and vending charges will be added accordingly for amphitheater rentals. A percentage of the gate will be negotiated.for commercial events. Non -Commercial is defined as: Non profit, student, civic or private. Security deposits are based upon participants/attendees. Page 264 of 525 Resolution No. August 22, 2024 PARKS & RECREATION DEPARTMENT FY 2025 REC FUND FEES 3. Adult Team Sports (No Team Field Redevelopment Fee) 4. Adult Sports per person fee ($10 Team Field Redevelopment Fee if applicable) 5. Ultimate Frisbee 6. 7. Outside League Field Redevelopment Fee Per Team 8. Outside League Per Game Contract Fee 9. Transfer/Cancellation/Late Registration Fee Adult sports are registered as a team unless otherwise noted Page 25 of 52 $430 $80 N/A $100 $125 $16 $20 $21 2. Instruction Class Transfer / Cancellation Fee 1 $21 Page 265 of 525 Resolution No. Page 26 of 52 August 22, 2024 2. Youth sports with Field Redevelopment fee ($10 per child) 3. Outside League Field Redevelopment Fee Per Child All Sports (based on City tier system per season) 4. Challenger Sports (Basketball, Bowling, Soccer) 8. Youth Sports Transfer/Cancellation Fee (Per Child) $17/21 /27 $16 $21 $105 $21 /26/34 $20 25-Minute Lesson* $48 $60 1 3. Water Fitness (Unlimited Pass) $105 $131 4. Swim Team (No Field Redevelopment Fee) (-$10 each sibling) $142 $178 5. Transfer / Cancellation Fee $21 * Children ages 5 and under attend only a 25-minute lesson. All other lessons are 45 minutes in length. 6. General Admission Per Person (Ages 3 and Up) Hallaran $4 Adamson $7 7. Discount Pass — 25 Swims Hallaran $63 $79 Page 266 of 525 Resolution No. August 22, 2024 *College Station Pools $126 8. Family Season Pass (Up to Five Family Members) Additional Members in Excess of Five per person $32 Hallaran $263 *College Station Pools $365 9. Individual Season Pass Hallaran $158 *College Station Pools $210 10. Pool Rentals Hallaran: Up to 100 people $263 Adamson: Up to 100 people $394 101— 300 people $630 301 — 600 people $840 Deposit -all Pools 11. Pool Parties Per Person — (2 Hour Period) Pavilion Party (Four -table Limit) $21 12. Junior Lifeguard Program Per Person, Per Session $80 13. Lifeguard Training Fee, Per Person $158 $158 (or $210 14. WSI Class Fee, Per Person with Lifeguard) 15. Summer Day Camp (CSISD) Up to 50% res rate 16. CPR/First Aid Certification Fee, Per Person $80 17. Transfer/Cancellation Fee for Pool Rentals *College Station Pools passes are valid at all City of College Station pools $210 Page 27 of 52 $158 $40 $329 $456 $198 $263 $329 $493 $788 $1050 $26 $100 $198 $198/$263 1/3 of rental fee N/A $100 Page 267 of 525 Resolution No. August 22, 2024 Programming 1. After School Program: Page 28 of 52 Youth (17 & Under) $80/sem. $100/sem. (Qualifying Families — low income) $48/sem. $60/sem. Transportation Fee (CSISD to LRC) $48/sem. 2. Summer Program (Per Session) $63 $79 3. Late Pick-up Fee: 1 st Fifteen Minutes $6 Each Additional Minute Thereafter $2 4. Membership Pass Adult (18 & over) $16/mo. $20/mo. 5. Non -Member Guest Pass Per Day (Youth or Adult) $4 $6 Facility Rentals Deposit — all rooms* $210 1. Gym Rentals Gold Gym - Half Court Rental per Hour (4-Hour max.) $53/hr. $66/hr. Gold Gym - Full Court Rental per Hour (4-Hour max.) $80/hr. $100/hr. Gold Gym - All Day Usage (More than 4 Hours) $473 $591 Purple Gym - Half Court Rental per Hour (4-Hour max.) $63/hr. $79/hr. Purple Gym - Full Court Rental per Hour (4-Hour max.) $90/hr. $113/hr. Purple Gym - All Day Usage (More than 4 Hours) $483 $604 Concession Usage (Gold Gym) $32 $40 2. Game Room / Multi -purpose Room Rental Per Hour (4-Hour min.) $53/hr. $66/hr. 3. Community Room Rental Page 268 of 525 Resolution No. August 22, 2024 Per Hour (2-Hour minimum) Kitchen usage fee 4. Activity Room Rental (Violet, Orchid, Iris) Per Hour (2-Hour minimum) 5. W.A. Tarrow Covered Basketball Pavilion (100) Monday — Thursday Friday — Sunday & Holidays 6. Gym or Room Cancellation Fee 7. After hour rental charge * Deposits are refundable if the facility is left clean and damage free. Page 29 of 52 $80/hr. $100/hr. $37 $46 $63/hr. I $79/hr. $158 $198 $210 $263 1/3 of rental $40 1. Senior Annual Membership Pass $27 S34 2. Non -Member Guest Pass Per Day $3 $5 Facility Rentals Deposit — all rooms* $210 $210 1. Meeting Room Rental, Per Hour, 2 hour min. $63 $79 2. Dance/Game Room Rental, Per Hour, 2 hour min. $80 $100 3. Whole Facility Rental Per Hour, 2 hour min. (Excludes Computer Lab) $147 $184 * Deposits are refundable if the facility is left clean and damage free. Page 269 of 525 Resolution No. Page 30 of 52 August 22, 2024 1. Senior Annual Membership Pass $27 2. Non -Member Guest Pass Per Day $3 Facility Rentals 1. Deposit - all rooms* 2. Meeting Room Rental, Per Hour, 2 hour min. $63 3. Conference Room Rental, Per Hour, 2 hour min. $48 4. Activity Room Rental, Per Hour, 2 hour min. $80 5. Arts & Crafts Room Rental, Per Hour, 2 hour min. $48 * Deposits are refundable if the facility is left clean and damage free. $210 $34 $5 $79 $60 $100 $60 1. Deposit - all rooms* $210 2. Meeting Room Rental, Per Hour, 2 hour minimum $105 $131 3. Outdoor Classroom, Per Hour, 2 hour minimum $37 $46 4. Amphitheater, Per Hour, 2 hour minimum $37 $46 Page 270 of 525 Resolution No. August 22, 2024 Page 31 of 52 CHAPTER 34: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES 1. Article I. In General a. Sec. 34-2(c). Encroachments upon easements. i. Application fee. An application for a license to encroach shall be accompanied by a non-refundable filing fee as established by City Council resolution in Section 2- 117. - $1,059.00 b. Sec. 344(b). Guidelines for consideration of requests for directional signs in public rights -of -way. i. Any application shall be processed for a fee of $25.00 and shall be filed within the Office of the City Manager. The City Manager shall review the application based upon the criteria in Subsection (a) of this section. In the event the City Manager denies the application, the applicant may appeal the decision to the City Council. Upon receipt of written notice of an appeal from the applicant, the City Secretary shall place the application on the next available Council agenda. 2. Article II. Street, Sidewalk, Right -Of -Way and Driveway Construction and Repair a. Sec. 34-36(b). Driveways. The driveway permit fee is established in Section 2-117, which shall be of an amount to cover the cost of licensing and maintaining records. $65.00 3. Article III. Right -of -Way Use Division 2. Permit a. Sec. 34-100. Fee. i. The applicant or permit holder shall pay a fee established in Section 2-117 for the right-of-way improvements permit that shall be the same as that charged in Chapter 14, Section of the City of College Station Code of Ordinances as amended from time to time. - $497.00 b. Sec. 34-102(14). Conditions. i. If irrigation and/or electrical lines are to be extended across a paved roadway, the applicant must pay a one-time fee in the amount of $35.00 per square yard of extension area. The extension area is equivalent to three times the yard length to be installed under the roadway. The fee will be waived if the applicant installs sleeves under the pavement and places the irrigation and/or electrical in the sleeves. Page 271 of 525 Resolution No. Page 32 of 52 August 22, 2024 4. Article IV. Utility Right -of -Way Use Division 2. Registration and Construction Permits Subdivision II. Construction Permits a. Sec. 34-190(b). Generally. i. The registration fee of $55.00 will apply to those right-of-way users who do not pay annual blanket right-of-way fees. ii. The construction permit fee of $933.00 will apply to those right-of-way users who do not pay annual blanket right-of-way fees. 5. Article V. Parades and Motorcades Division 2. Permit a. Sec. 34-248. Fee. i. Upon submission of an application, an application fee shall be paid. The application fee shall be set by the City Council by resolution from time -to -time as the Council deems necessary established in Section 2-117. This application fee will not apply to applicants conducting lawful expressions of opinion protected under the First Amendment of the United States Constitution. - $131.00 Page 272 of 525 Resolution No. August 22, 2024 CHAPTER 38: TRAFFIC AND VEHICLES 1. Article II. Stopping, Standing and Parking Division 3. Northgate Area and Remote Pay Systems Areas Page 33 of 52 a. Sec. 38-106. Northgate Promenade Parking Lot and Remote Pay System Parking Lot fee schedule 1. The City Manager or designee may adjust the parking fee up to or below the amounts set below. The fees established in Section 2-117 shall be charged for the use of a parking space in the Northgate Promenade Parking Lot, located at 310 Church Street or any other City owned parking lot by remote pay system parking. Per hour fee up to $10.00 per hour. 2. Special event fee up to $50.00 per day. 3. Game day fee up to $50.00 per day. b. Sec. 38-107. Northgate Parking Garage fee schedule. i. The City Manager or designee may adjust the parking fee up to or below the amounts established. The following fees established in Section 2-117 shall be charged for the use of a parking space in the Northgate Parking Garage, located at 309 College Main. 1. Per hour fee up to $10.00 per hour. 2. Lost ticket fee up to $50.00 per day. 3. Special event fee up to $50.00 per day. 4. Game day fee up to $50.00 per day. ii. License agreements. The City Manager or designee may enter into license agreements for the use of parking spaces in the Northgate College Main Parking Garage and may charge the following fees established in Section 2-117. 1. Twenty -four -hour -Seven days a week licenses (24/7). Up to $2,000.00 annually, or up to $700.00 per semester or up to $200.00 per month. 2. Daytime licenses. Up to $1,500.00 annually or up to $500.00 per semester or up to $200.00 per month. 3. Charge a non-refundable administrative fee up to $50.00 upon execution of a license agreement to park in the garage. 4. Nighttime licenses. Up to $1,500.00 annually or up to $500.00 per semester or up to $200.00 per month c. Sec. 38-108. Northgate and Remote Pay System on -street parking fee schedule. i. The City Manager or designee may adjust the parking fee up to or below the amounts established. The fees established in Section 2-117 shall be charged for the use of an on -street parking space provided by the City and adjacent to a parking meter or remote pay system area anywhere in the Northgate Area, generally located between South College on the East, Wellborn Road on the West, University Drive on the South and the City limit on the North or in any remote pay system area in the City.. 1. Per hour fee up to $10.00 per hour. 2. Special event fee up to $50.00 per day. 3. Game day fee up to $50.00 per day. Page 273 of 525 Resolution No. August 22, 2024 2. Division 5 City Facility Parking Page 34 of 52 a. Sec. 38-1101. Miscellaneous City Facility Parking. The City Manager or designee may adjust the parking fee up to or below the amounts established for City facility parking. 1. Per hour fee up to $10.00 per hour. 2. Special event fee up to $50.00 per day. 3. Game day fee up to $50.00 per day. Page 274 of 525 Resolution No. August 22, 2024 CHAPTER 40: UTILITIES 1. Article I. In General Page 35 of 52 a. Sec. 40-3(c). Creation of municipal utility districts. i. Reimbursement for expenses. 1. Petition to create district. Within 6 months after consent to the creation of a district is given by the City, or within 3 months after the district is created by the Texas Commission on Environmental Quality or its successor agency, whichever is later, the owner or the developer of the land within the district must pay the fee established pursuant to Section 2- 117 to reimburse the City for expenses relating to processing the petition to create the district. - $39,559.00 2. Petition to annex or acquire land. To partially reimburse the City for expenses related to a district's annexation or acquisition of land, the owner or developer of land within the district that has not paid the Council - approved fee to process the petition to create the district must make a one- time payment in the amount established pursuant to Section 2-117 within six months after receiving the City's consent to annex or after the district acquires land that is not contiguous to the district's boundaries; or contiguous to the district's boundaries and greater than 5 acres. - $39,559.00 3. Infrastructure plan review and inspection fee. The infrastructure plan review and inspection fee means the fee established pursuant to Section 2-117 to reimburse the City for engineering and planning fees and expenses related to the City's review of plans and specification of the district's facilities; and inspection of the district's facilities. ($767.11 minimum + below:) a. Water - $178.28 per 100 Linear Feet b. Sewer - $139.65 per 100 Linear Feet c. Storm - $159.45 per 100 Linear Feet d. Street - $555.62 per 100 Linear Feet e. Sidewalk - $317.92 per 100 Linear Feet f. Lift Station Review and Inspection - $3,214.54 Page 275 of 525 Resolution No. August 22, 2024 b. Sec. 40-4. Roadway Maintenance Fee. LAND USENEHICLE-MILE-EQUIVALENCY TABLE Page 36 of 52 ITE Land Use Develop. Veh-Mi Trip Pass- by Pass -by Trip Adj. Land Category Unit Per Gen Rate Source Rate Trip Use Dev- Rate Length Code Unit (PM) (mi) PORT AND 030 Truck Acre 26.20 6.55 6.55 4.00 TERMINAL Terminal INDUSTRIAL 110 General Light 1,000 SF 3.88 0.97 0.97 4.00 Industrial GFA INDUSTRIAL 120 General 1,000 SF 2.72 0.68 0.68 4.00 Heavy GFA Industrial INDUSTRIAL 130 Industrial 1,000 SF 3.40 0.85 0.85 4.00 Park GFA INDUSTRIAL 150 Warehousing 1,000 SF 1.28 0.32 0.32 4.00 GFA INDUSTRIAL 151 Mini- 1,000 SF 1.04 0.26 0.26 4.00 Warehouse GFA RESIDENTIAL 210 Single -Family Dwelling 4.00 1.00 1.00 4.00 Detached Unit Housing RESIDENTIAL 220 Apartment/M Dwelling 2.48 0.62 0.62 4.00 ulti-family Unit RESIDENTIAL 230 Residential Dwelling 2.08 0.52 0.52 4.00 Condominium Unit /Townhome RESIDENTIAL 240 Mobile Home Dwelling 2.36 0.59 0.59 4.00 Park / Unit Manufactured Housing RESIDENTIAL 251 Senior Adult Dwelling 1.08 0.27 0.27 4.00 Housing- Unit Detached RESIDENTIAL 252 Senior Adult Dwelling 1.00 0.25 0.25 4.00 Housing- Unit Attached RESIDENTIAL 254 Assisted Beds 0.88 0.22 0.22 4.00 Living LODGING 310 Hotel Room 1.20 0.60 0.60 2.00 LODGING 320 Motel / Other Room 0.94 0.47 0.47 2.00 Lodging Facilities RECREATIONAL 432 Golf Driving Tee 2.50 1.25 1.25 2.00 Range RECREATIONAL 430 Golf Course Acre 0.60 0.30 0.30 2.00 RECREATIONAL 495 Recreational 1,000 SF 5.48 2.74 2.74 2.00 Community GFA Center RECREATIONAL 465 Ice Skating 1,000 SF 4.72 2.36 2.36 2.00 Rink GFA RECREATIONAL 431 Miniature Hole 0.66 0.33 0.33 2.00 Golf Course Page 276 of 525 Resolution No. August 22, 2024 Page 37 of 52 ITE Land Use Develop. Veh-Mi Trip Pass- by Pass -by Trip Adj. Land Category Unit Per Gen Rate Source Rate Trip Use Dev- Rate Length Code Unit (PM) (mi) RECREATIONAL 445 Multiplex Screens 27.28 13.64 13.64 2.00 Movie Theater RECREATIONAL 491 Racquet / Court 6.70 3.35 Tennis Club INSTITUTIONAL 560 Church 1,000 SF 1.10 0.55 GFA INSTITUTIONAL 565 Day Care 1,000 SF 13.82 12.34 Center GFA INSTITUTIONAL 522 Primary/Midd Students 0.32 0.16 le School (1- 8) INSTITUTIONAL 530 High School Students 0.26 0.13 INSTITUTIONAL 540 Junior / Students 0.24 0.12 Community College INSTITUTIONAL 550 University / Students 0.34 0.17 College MEDICAL 630 Clinic 1,000 SF 19.53 5.18 GFA MEDICAL 610 Hospital 1,000 SF 3.51 0.93 GFA MEDICAL 620 Nursing Beds 0.83 0.22 Home MEDICAL 640 Animal 1,000 SF 9.90 4.72 Hospital/Vete GFA rinary Clinic OFFICE 714 Corporate 1,000 SF 5.64 1.41 Headquarters GFA Building OFFICE 710 General 1,000 SF 5.96 1.49 Office GFA Building OFFICE 720 Medical- 1,000 SF 13.46 3.57 Dental Office GFA Building OFFICE 715 Single Tenant 1,000 SF 6.96 1.74 Office GFA Building OFFICE 750 Office Park 1,000 SF 5.92 1.48 GFA COMMERCIAL: 942 Automobile 1,000 SF 3.74 3.11 Automobile Related Care Center Occ. GLA COMMERCIAL: 843 Automobile 1,000 SF 6.82 5.98 Automobile Related Parts Sales GFA COMMERCIAL: 944 Gasoline/Sery Vehicle 4.82 13.87 Automobile Related ice Station Fueling Position COMMERCIAL: 945 Gasoline/Sery Vehicle 3.56 13.51 Automobile Related ice Station w/ Fueling Conv Market Position 3.35 2.00 0.55 2.00 44% B 6.91 2.00 0.16 2.00 0.13 2.00 0.12 2.00 0.17 2.00 5.18 3.77 0.93 3.77 0.22 3.77 30% B 3.30 3.00 1.41 4.00 1.49 4.00 3.57 3.77 1.74 4.00 1.48 4.00 40% B 1.87 2.00 43% A 3.41 2.00 42% A 8.04 0.60 56% B 5.94 0.60 Page 277 of 525 Resolution No. August 22, 2024 Page 38 of 52 ITE Land Use Develop. Veh-Mi Trip Pass- by Pass -by Trip Adj. Land Category Unit Per Gen Rate Source Rate Trip Use Dev- Rate Length Code Unit (PM) (mi) COMMERCIAL: 946 Gasoline/Sery Vehicle 3.66 13.86 56% A 6.10 0.60 Automobile Related ice Station w/ Fueling Conv Market Position and Car Wash COMMERCIAL: 841 New Car 1,000 SF 4.20 2.62 20% B 2.10 2.00 Automobile Related Sales GFA COMMERCIAL: 941 Quick Servicing 6.22 5.19 40% B 3.11 2.00 Automobile Related Lubrication Positions Vehicle Shop COMMERCIAL: 947 Self -Service Stall 1.99 5.54 40% B 3.32 0.60 Automobile Related Car Wash COMMERCIAL: 948 Automated Stall 5.08 14.12 40% B 8.47 0.60 Automobile Related Car Wash COMMERCIAL: 848 Tire Store 1,000 SF 5.98 4.15 28% A 2.99 2.00 Automobile Related GFA COMMERCIAL: 934 Fast Food 1,000 SF 32.66 32.65 50% A 16.33 2.00 Dining Restaurant GFA with Drive- Thm Window COMMERCIAL: 933 Fast Food 1,000 SF 26.16 26.15 50% B 13.08 2.00 Dining Restaurant GFA without Drive-Thru Window COMMERCIAL: 932 High 1,000 SF 11.22 9.85 43% A 5.61 2.00 Dining Turnover (Sit- GFA Down) Restaurant COMMERCIAL: 931 Quality 1,000 SF 8.38 7.49 44% A 4.19 2.00 Dining Restaurant GFA COMMERCIAL: 937 Coffee/Donut 1,000 SF 25.68 42.80 70% A 12.84 2.00 Dining Shop with GFA Drive-Thru Window COMMERCIAL: 815 Free -Standing 1,000 SF 6.98 4.98 30% C 3.49 2.00 Other Retail Discount GFA Store COMMERCIAL: 817 Nursery 1,000 SF 9.72 6.94 30% B 4.86 2.00 Other Retail (Garden GFA Center) COMMERCIAL: 862 Home 1,000 SF 2.42 2.33 48% A 1.21 2.00 Other Retail Improvement GFA Superstore COMMERCIAL: 880 Pharmacy/Dr 1,000 SF 7.90 8.40 53% A 3.95 2.00 Other Retail ugstore w/o GFA Drive-Thru Window COMMERCIAL: 881 Pharmacy/Dr 1,000 SF 10.10 9.91 49% A 5.05 2.00 Other Retail ugstore w/ GFA Drive-Thru Window COMMERCIAL: 820 Shopping 1,000 SF 4.90 3.71 34% A 2.45 2.00 Other Retail Center GLA Page 278 of 525 Resolution No. Page 39 of 52 August 22, 2024 ITE Land Use Develop. Veh-Mi Trip Pass- by Pass -by Trip Adj. Land Category Unit Per Gen Rate Source Rate Trip Use Dev- Rate Length Code Unit (PM) (mi) COMMERCIAL: 850 Supermarket 1,000 SF 12.14 9.48 36% A 6.07 2.00 Other Retail GFA COMMERCIAL: 864 Toy/Children' 1,000 SF 6.98 4.99 30% B 3.49 2.00 Other Retail s Superstore GFA COMMERCIAL: 875 Department 1,000 SF 2.62 1.87 30% B 1.31 2.00 Other Retail Store GFA COMMERCIAL: 896 Video Rental 1,000 SF 13.60 13.60 50% B 6.80 2.00 Other Retail Store GFA SERVICES 911 Walk -In Bank 1,000 SF 12.38 12.13 40% B 7.28 1.70 GFA SERVICES 912 Drive -In Drive-in 29.95 33.24 47% A 17.62 1.70 Bank Lanes SERVICES 918 Hair Salon 1,000 SF 1.73 1.45 30% B 1.02 1.70 GLA ROADWAY MAINTENANCE FEE SCHEDULE The roadway maintenance fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. Vehicle Miles Monthly Charge Traveled Nonresidential Tier I 0 - 23.99 $22.25 Tier II 24.00 - 43.99 $50.25 Tier III 43.99 - 90.99 $96.75 Tier IV 91.00 - 223.99 $197.50 Tier V 224.00+ $323.75 Residential Single Family Flat Fee/Dwelling $10.00 Unit Multi -Family Flat Fee/Dwelling $7.75 Unit c. Sec. 40-11. Payment of bills. i. All payments must be received by the Utility Customer Service Office on or before the due date to avoid late charges or penalties. Payments received after the due date are assessed a late charge or penalty equaling ten percent (10%) of the current monthly charges. d. Sec. 40-12. Returned check fee. i. A fee of $25.00 will be charged for each returned check used to pay any amount on a utility account. This fee is in addition to other fees owed to the City for utility services. ii. Credit Card Charge Back Fee - $27.55 Page 279 of 525 Resolution No. August 22, 2024 Page 40 of 52 e. Sec. 40-13(b). Disconnection and reconnections. i. A $25.00 delinquent fee will be charged on each residential account. ii. A $150.00 delinquent fee will be charged on each commercial account. iii. A $30.00 charge will be added for afterhours service (between 5:00pm and 9:00pm) f. Sec. 40-15. Account creation or Reactivation fee. i. All customers creating a utility account or opening additional account numbers shall pay a fee for creating a utility account, regardless the number of services provided by the City. Account creation fee: $30.00. 2. Article II. Water and Sewer Service Division 2. Rates, Usage Charges and Fees a. Sec. 40-63. Reserved for future use. b. Sec. 40-64. Rates for water service. i. All retail customers using water shall have a monthly service charge based on the water meter size and a monthly usage charge as follows: ii. Service charge: established in Section 2-117. Meter Size Service Charge 1. 3/4 inch $13.65 per month 2. 1 inch $17.15 per month 3. 1.5 inch $25.50 per month 4. 2 inch $40.30 per month 5. 3 inch $127.15 per month 6. 4 inch $188.95 per month 7. 6 inch $230.00 per month 8. 8 inch $230.00 per month iii. Residential usage charge: Defined to be a domestic meter or irrigation meter serving a residence with one or two living units: 1. $3.00 per 1,000 gallons for usage from 0-10,000 gallons 2. $3.95 per 1,000 gallons for usage from 11,00015,000 gallons 3. $4.85 per 1,000 gallons for usage from 16,000-20,000 gallons 4. $5.70 per 1,000 gallons for usage from 21,00025,000 gallons 5. $6.65 per 1,000 gallons for usage of 26,000 gallons and more iv. Commercial usage charge: Defined to be a meter serving three or more living units or any commercial location, providing water for domestic usage: 1. $3.35 per 1,000 gallons v. Commercial irrigation usage charge: Defined to be a meter serving a commercial customer dedicated for non -domestic usage: 1. $3.60 per 1,000 gallons vi. Residential and Commercial customers in Brazos County Municipal Utility District #1: All rates as above, with an added 50% surcharge Page 280 of 525 Resolution No. August 22, 2024 1. Service Charge a. $20.50 — monthly service charge 3/4" b. $25.75 — monthly service charge 1" c. $38.30 — monthly service charge 1.5" d. $60.45 — monthly service charge 2" e. $190.80 — monthly service charge 3" f. $283.40 — monthly service charge 4" g. $345.00 — monthly service charge 6" h. $345.00 — monthly service charge 8" 2. Residential Rates a. $4.55— first 0-10 MGW b. $5.95 —next 11-15 MGW c. $7.25 — next 16-20 MGW d. $8.60 — next 21-25 MGW e. $10.00 — all over 26+ MGW 3. Commercial Rate a. $5.00 — per mMGW 4. Commercial Irrigation Rate a. $5.40 — per MGW c. Sec. 40-65. Rates for sewerage service. Page 41 of 52 i. For customers using sewerage service for household purposes, where City water service is provided with a meter for each residential unit, the monthly charges shall be as follows: 1. Service charge: $22.55 for first 4,000 gallons of water metered. 2. Usage charge: $4.50 per 1,000 gallons of water usage for the next 5,000 gallons of water metered. 3. Maximum billing: $49.70 cap for metered water is 10,000 gallons. ii. For customers using sewerage service for household purposes, multifamily residences with kitchen facilities in each residential unit where water service is provided without a meter for each residential unit shall pay a monthly charge per household unit as $28.70. iii. For customers using sewerage service for household purposes, multifamily residences with more than 50 units without kitchen facilities in each unit shall pay a monthly charge per household unit of $17.90. iv. For customers using sewerage service for household purposes, multifamily residences having 50 residential units or less without kitchen facilities in each residential unit, where water service is provided without a meter for each residential unit such as, but not limited to, fraternity houses, sorority houses, boarding houses and privately owned student dorms, the monthly charges shall be as follows: Page 281 of 525 Resolution No. August 22, 2024 Page 42 of 52 1. Service charge as $19.35 per month. 2. Usage charge as $4.50 per 1,000 gallons of water usage. v. For customers using sewerage service for commercial, industrial, or institutional business establishments, the monthly charges shall be as follows: 1. Service charge as $19.35 per month. 2. Usage charge as $5.35 per 1,000 gallons of water usage. vi. For customers outside the City water service area (where City water meters do not exist), using City sewerage service for commercial, industrial, or institutional business establishments the customer will be charged a monthly rate, based on average rounded water use for the previous 12 months, the monthly charges shall be as follows: 1. Service charge as $19.35 per month. 2. Usage charge as $5.35 per 1,000 gallons of water usage, based on average monthly water use for the previous 12 months. vii. For customers outside the City water service area (where City water meters do not exist), using City sewerage service for household purposes, the customer will be charged the monthly rate as set out in section 2-1 for 10,000 gallons per month, unless the customer establishes, as determined by the City Manager, that the average rounded water usage is less than 9,001 gallons per month in which case the customer will be charged the following amount: 1. 0-5,000 gallons per month $22.55 2. 5,001-7,000 gallons per month $31.60 3. 7,001-9,000 gallons per month $40.65 4. 9,001-10,000 > gallons per month $49.70 viii. For customers where sewerage service is provided through a satellite wastewater treatment plant not connected to the City's main sewer collection and treatment system (typically outside the corporate limits of the City) the monthly charge per residential unit is as $54.60. ix. All customers receiving sewer service outside of the City's corporate limits or under contract shall pay all established rates, with an additional 50%surcharge, as established in Section 2-117. x. Residential and Commercial customers in Brazos County Municipal Utility District #1: All rates as above, with an added 50% surcharge. d. Sec. 40-66. Water and sewer service connection fees, and sewer inspection fees. i. Fee for water service connection. The City will charge a service charge to all customers connecting to the water system within or outside the corporate limits of the City. The service charge will be based on water meter size. 1. The water service connection fee shall apply to all connections to the water system, including meter set -ins. The service charge for water connection is: Meter Size Charge a. 3/4 inch $643.42 b. 1 inch $783.34 c. 1 1/2 inch $2,121.06 d. 2 inch $3,138.66 Page 282 of 525 Resolution No. August 22, 2024 Page 43 of 52 2. For three-inch and larger water meters, a $100.00 service charge will be assessed and includes only an inspection fee. Meters of this size must be purchased by the developer that meet current City specifications. The developer is responsible for contracting a licensed/bonded contractor, acquiring applicable permits to install the service connection in accordance with City specifications, and is to be inspected by the City before meter is placed into service. ii. Fee for sewer service connection. All customers connecting to the sewerage system within or outside the corporate limits of the City will have a service charge based on sewer connection size. Sewer Connection Size Charge a. 4 inch / RESIDENTIAL $350.00 b. 6 inch / NONRESIDENTIAL $100.00 e. Sec. 40-67. Fire flow testing. i. For customers requesting a fire flow test on the existing City water system, an additional charge established in Section 2-117 will be assessed as described herein. 1. Fire Flow Test Fee: $100.00 per tested hydrant. Division 6. Cross -Connection Control and Backflow Prevention f. Sec. 40-244. Cross -connection control program fees. i. Backflow prevention assembly registration fee. There is a non-refundable registration fee for each nonresidential backflow prevention assembly device of $25.00 per each separate device. ii. Certified backflow prevention device tester registration fee. Annual registration fee for approved testers shall be a non-refundable fee of $50.00. iii. Testing form booklet fee. The fee for a testing form booklet of 30 test forms shall be $25.00 each. Other forms may be used with prior approval from the City. iv. Deposit fee for fire hydrant water meter with backflow prevention device. There shall be a refundable deposit fee for fire hydrant meters with backflow prevention devices of $1,000.00. This fee shall be refunded when the meter/device is returned in good working order. v. Fire Hydrant Meter Connection Fee - $400.00 3. Article III. Electric System Division 2. Rate Schedules a. Sec. 40-315. Electric Rate Schedule R (residential customers). • Rate: 1. Service charge: $7.00 per month; plus 2. Energy charge: $0.1187 per kWh for all kWh; plus 3. Transmission Delivery Adjustment: $0.0180 per kWh. Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10% participation: $0.1192/kWh. 2. 50% participation: $0.1214/kWh. 3. 100% participation: $0.1242/kWh. Page 283 of 525 Resolution No. August 22, 2024 Page 44 of 52 b. Sec. 40-316. Electric Rate Schedule R-1 (master metered residential units). • Rate: 1. Service charge: $100 per month; plus 2. Energy charge: $0.1187 per kWh for all kWh; plus 3. Transmission Delivery Adjustment: $0.0180 per kWh. Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10% participation: $0.1192/kWh. 2. 50% participation: $0.1214/kWh. 3. 100% participation: $0.1242/kWh. c. Sec. 40-317. Electric Rate Schedule SC (small commercial customers). • Rate: 1. Service charge: $9.00 per month; plus 2. Energy charge: First 1,000 kWh $0.1379 per kWh, $0.1032 per kWh for all kWh over 1000; plus 3. Transmission Delivery Adjustment: $0.0180 per kWh. Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10% participation: First 1,000 kWh $0.1385, $0.1037 all additional kWh. 2. 50% participation: First 1,000 kWh $0.1407, $0.1059 all additional kWh. 3. 100% participation: First 1,000 kWh $0.1434, $0.1087 all additional kWh. d. Sec. 40-318. Electric Rate Schedule LP-1 (medium commercial customers). i. Rate: 1. Service charge: $25.00 per month; plus 2. Demand charge: $11.44 per kW of monthly billing demand; plus 3. Energy charge: $0.0703 per kWh for all kWh; plus 4. Transmission Delivery Adjustment: $0.0180 per kWh. ii. Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $199.10 - per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2. The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3. The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii. Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10% participation: $0.0708/kWh. 2. 50% participation: $0.0730/kWh. 3. 100% participation: $0.0758/kWh. Page 284 of 525 Resolution No. August 22, 2024 Page 45 of 52 e. Sec. 40-319. Electric Rate Schedule LP-2 (large commercial). i. Rate: 1. Service charge: $75.00 per month; plus 2. Demand charge: $11.44 per kW of monthly billing demand; plus 3. Energy Charge: $0.0674 per kWh for all kWh; plus 4. Transmission Delivery Adjustment: $0.0180 per kWh. ii. Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $3,514.50 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2. The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3. The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii. The applicable rate schedule demand charges shall be replaced by the following on-peak/off-peak rates: 1. On -peak demand charge: $7.32; plus 2. Off-peak demand charge: $4.13. iv. Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10%: $0.0680/kWh 2. 50%: $0.0702/kWh 3. 100%: $0.0729/kWh f. Sec. 40-320. Electric rate Schedule LP-3 (industrial and institutional). i. Rate: 1. Service charge: $250.00 per month; plus 2. Demand charge: $10.84 per kW of monthly billing demand; plus 3. Energy charge: $0.0651 per kWh for all kWh; plus 4. Transmission Delivery Adjustment: $0.0180 per kWh. ii. Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest of the following charges: 1. $16,538.34 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2. The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3. The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii. The applicable rate schedule demand charges shall be replaced by the on- peak/off-peak rates established in Section 2-117. 1. On -Peak Demand Charge: $7.32, plus 2. Off -Peak Demand Charge: $4.13 Page 285 of 525 Resolution No. Page 46 of 52 August 22, 2024 iv. Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10% participation: $0.0657/kWh 2. 50% participation: $0.0679/kWh 3. 100% participation: $0.0706/kWh g. Sec. 40-321. Electric Rate Schedule SL (security lights). i. The rates per month per light are established in Section 2-117. 1. 100 Watt (or equivalent) $17.22 2. 200 Watt (or equivalent) $26.65 3. 400 Watt (or equivalent) $33.40 h. Sec. 40-323. Electric Rate Schedule PQF. i. Rate. The City will pay the QF producer for all power purchased at the following rates: 1. Capacity. No payment shall be made, except by separate firm power contract between the producer and the City. 2. Energy. The metered output from the producer will be purchased at a rate equal to the average base wholesale kilowatt-hour energy cost for power paid by the City. This average base wholesale kilowatt- hour energy cost will be calculated based upon the past years average wholesale cost and will be updated once a year (in October) to update this value. In the event that the producer exercises the option to sell power to the City, there will be assessed, in addition to the minimum monthly bill requirements under the applicable service rate schedule, a customer service charge of $15.00 per month to cover costs realized for metering, billing, maintenance, administrative, and other expenses necessary to maintain service to the QF. i. Sec. 40-325. Electric Rate Schedule SRE. i. Rate. In a billing month after the retail customer receives approval to interconnect their on -site generating system to the City s electric distribution system, the customer will be billed: 1. Based upon their current electric service rate for the kilowatt-hours used from the City s electric distribution system. The excess kilowatt- hours that are passed back to the system from their on -site generation will be purchased at a rate equal to the average base wholesale kilowatt-hour energy cost for power paid by the City. This average base wholesale kilowatt-hour energy cost will be calculated based upon the past years average wholesale cost and will be updated once a year (in October) to update this value. 2. The calculated amount for the excess kilowatt-hours passed back to the system will be credited to the current balance of the retail customer s utility account. If a credit exists at any time on the account, the customer may request in writing a refund for the credit amount. Page 286 of 525 Resolution No. Page 47 of 52 August 22, 2024 If the customer closes the account with a credit remainder in their account, they will be refunded this amount. j. Sec. 40-326. Electric Rate Schedule EV (electric vehicle fast charger). i. Rate: 1. Service charge: $75.00 per month; plus 2. Demand charge: $11.44 per kW of monthly billing demand; plus 3. Energy Charge: $0.0674 per kWh for all kWh; plus 4. Transmission Delivery Adjustment: $0.0180 per kWh. ii. Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $3,514.50 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2. The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3. The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii. Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10%: $0.0680/kWh 2. 50%: $0.0702/kWh 3. 100%: $0.0729/kWh 4. Article IV. Solid Waste Collection and Disposal Division 2. Waste Collection Generally The solid waste collection and disposal fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. a. Sec. 40-389. Residential collection generally. i. Any customer generating more waste than one container will hold may request an additional container and shall pay an additional fee as established in Section 2- 117. - $14.25 b. Sec. 40-391. Commercial collection. i. if a container is unserviceable, such as being blocked, not accessible, containing prohibited items, not in an approved collection location, screening or enclosure damage, or unsanitary conditions are present, the City will return to empty the container only after the container is serviceable, for a fee as established in Section 2- 117. - $25.00 c. Sec. 40-392. Northgate District Collection and Containers. i. If the container is placed out or left out in violation of this section the customer, owner, or occupant in, addition to any other penalties, will be assessed a fee per Page 287 of 525 Resolution No. Page 48 of 52 August 22, 2024 container as established in Section 2-117. If the container presents a public safety issue the City may move or remove the container at the sole expense of the customer, owner, or occupant. - $25.50 d. Sec. 40-396. Unprepared solid waste. i. The City's Sanitation Division shall cause the clean-up of the improperly or unprepared waste, litter or debris that constitutes a health or nuisance to the community. The fee established in Section 2-117 or the actual cost of cleanup, whichever is greater, shall be paid by the responsible party. - $83.75 e. Sec. 40-400. Small animals. i. Upon notice, the City will remove and dispose of small dead animals, including, but not limited to, dogs, cats, chickens, ducks and geese, either from private property or public rights -of -way, excluding animal clinics. - $25.25 ii. Customers requesting removal from private property shall place the animal in a plastic bag and place the bag curbside before notification of pick up. Removal and disposal of small dead animals from private animal clinics shall be for a fee as established in Section 2-117. - $25.25 Division 4. Rates and Charges f. Sec. 40-495. Generally. i. Solid waste collection rates are applied based on both the method and number of services provided. Except as otherwise provided in this division, the charges for solid waste collection and disposal shall be assessed according to the following schedule: $20.25 Each single family detached residential unit or residential units in a building with less than a total of four attached residential units in a complex where each residential unit has been assigned a seventy (70) gallon automated solid waste container and provided with garbage, rubbish, brush and recycling collection once weekly. $14.25 Additional monthly fee for each residential unit that has been assigned more than one seventy (70) gallon automated solid waste container. This rate shall be assessed for each additional container utilized. $20.25 Each residential unit in a building with less than a total of four attached residential units in a complex that has been assigned a shared three hundred (300) gallon or larger automated solid waste collection container, that has not been identified as a multifamily apartment complex by the City, and provided with twice per week garbage collection, once per week curbside recycling collection and once per week rubbishibrush collection. $9.25 Each residential unit in a building with a total of four or more attached residential units in a complex that has been identified as a multifamily apartment complex by the City, and is assigned a large solid waste container shared by multiple residential units for garbage collection Page 288 of 525 Resolution No. Page 49 of 52 August 22, 2024 only. Service will be provided twice weekly. Fraternities, Sororities, Privately owned Student Dorms, and customers within a residential and mixed use location shall not be assessed this rate, and will be charged according to the variable commercial collection rates listed in paragraph (2) below. $19.00 Minimum monthly charge for small businesses that jointly use a commercial -type refuse container without causing a health, sanitation or litter problem. g. Sec. 40-496. Commercial collection rates. i. The monthly per container garbage collection and disposal charge for commercial locations shall be based on container size, number of containers utilized and frequency of collection per week. Container Size Frequency Monthly Rate of Collection Ninety gallon automated 1 $ 22.75 2 $ 46.50 3 $ 69.75 4 $ 91.25 5 $ 114.00 6 $ 134.50 300/400 gallon automated or 1 $ 167.50 two cubic yard non compactor 2 $ 220.75 3 $ 268.75 4 $ 317.00 5 $ 367.75 6 $ 426.00 Four cubic yard non compactor 1 $ 210.25 2 $ 279.00 3 $ 343.50 4 $ 417.00 5 $ 489.25 6 $ 553.00 Eight cubic yard non compactor 1 $ 258.50 2 $ 359.00 3 $ 459.00 4 $ 556.50 5 $ 658.00 6 $ 754.25 Two cubic yard compactor 1 $ 175.00 2 $ 347.25 3 $ 522.50 4 $ 696.00 Page 289 of 525 Resolution No. August 22, 2024 Four cubic yard compactor Six cubic yard compactor 5 $ 867.25 6 $ 1,042.00 1 $ 233.50 2 $ 469.00 3 $ 702.25 4 $ 937.00 5 $ 1,172.75 6 $ 1,407.25 1 $ 314.50 2 $ 632.75 3 $ 948.25 4 $ 1,264.00 5 $ 1,578.75 6 $ 1,894.00 Page 50 of 52 Sec. 40-497. Additional charges. ii. The following Additional charges established in Section 2-117 will be assessed and collected upon the performance of the following described service or the occurrence of the described use or condition: 1. Per cycle fee for usage of the Northgate Promenade Commercial Compactor. The minimum monthly charge as described in Section 40-495 for small businesses that jointly use a commercial -type refuse container will apply until usage exceeds five cycles per calendar month. - $21.75- plus $4.75 per access after six or more times to access 2. Daily rental fee for the use of any City -owned, 20 cubic yard roll -off container. - $5.00 3. Daily rental fee for the use of any City -owned, 30 cubic yard roll -off container. - $5.25 4. Daily rental fee for the use of any City -owned, 40 cubic yard roll -off container. - $5.50 5. Per carcass fee for 1 to 19 animal carcasses collected from a commercial veterinarian, plus a flat rate service charge of $25.25. The flat rate service charge is waived for 20 or more animal carcasses collected at one time. 6. Additional fee for collection service requested by customer in addition to the scheduled service on a 90-gallon container. - $16.50 7. Additional fee for any location (other than residential) where the container was blocked and the collection vehicle must return to provide service. - $25.00 8. Additional fee for collection service requested by customer in addition to the scheduled service on a 300-gallon or 400-gallon container. - $33.00 9. Additional fee for delivery and set-up on any City -owned, roll -off container. - $48.25 10. Additional fee for collection service requested by customer in addition to the scheduled service on a two cubic yard container. - $33.00 11. Additional fee for collection service requested by customer in addition to the scheduled service on a two cubic yard compactor. - $42.00 Page 290 of 525 Resolution No. Page 51 of 52 August 22, 2024 12. Additional fee for collection service requested by customer in addition to the scheduled service on a four cubic yard container. - $50.75 13. Additional fee for collection service requested by customer in addition to the scheduled service on a four cubic yard compactor. - $58.75 14. Additional fee for collection service requested by customer in addition to the scheduled service on an eight -cubic yard container. - $67.00 15. Additional fee for collection service requested by customer in addition to the scheduled service on a six cubic yard compactor. - $76.00 16. Unprepared solid waste minimum charge. - $82.75 17. All roll -off container service per load plus current per -ton landfill charge. - $223.00 5. Article V. Drainage Utility The drainage utility fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. a. Sec. 40-524. Rates. i. All charges shall be made in accordance with the classification of properties by the following categories: 1. Residential service shall be charged on the basis of a set fee per residential unit. a. Each single-family detached residential unit and each duplex residential unit: $7.25 per month. b. Each residential unit with two or more attached residential units and all residential units in a complex identified as a multifamily apartment complex: $3.25 per month. 2. All other lots, tracts and parcels of land within the City shall be considered and charged on the basis of commercial use in accordance with the schedule of drainage charges established in Section 2-117 which are hereby levied against all such remaining lots, tract or parcels of land within the City unless covered by exemptions listed herein. Commercial service shall be calculated on the basis of building square footage. $3.50/1,000 sq. ft. per month. Page 291 of 525 Resolution No. Page 52 of 52 August 22, 2024 CHAPTER 103: BUILDINGS AND BUILDING REGULATIONS 8. Article V. Single -Family and Duplex Unit Rental Registration The single-family and duplex unit rental registration fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. a. Sec. 103-242(d). Registration required. i. A fee established of $90.00 shall be assessed per building at the time of any required registration. 9. Article VI — Short Term Rental Registration a. Section 103-248 (c). Fees. i. Application and Application Renewal Fees. An annual application fee of $100.00 shall be assessed per unit at the time of any required registration. An annual application renewal fee of $75.00 shall be assess per unit following the initial registration. ii. Life Safety Inspection Fee. An inspection fee of $100.00 shall be assessed per dwelling unit for the required life safety inspection. iii. Life Safety Reinspection Fee. If a dwelling unit does not pass the initial life safety inspection, the applicant shall pay a non-refundable re -inspection fee per dwelling unit of $124.00. Page 292 of 525 INTEROFFICE MEMORANDUM TO: CITY COUNCIL FROM: MARY ELLEN LEONARD, CPA, DIRECTOR OF FISCAL SERVICES SUBJECT: FY23 FEE RESOLUTION CHANGES DATE: J U LY 24, 2024 CC: BRYAN C. WOODS, CITY MANAGER JEFF KERSTEN, ASSISTANT CITY MANAGER This memo outlines the changes to the Fee Resolution for the fall of FY25. The resolution will appear on August 22, 2024, on the Regular Agenda for Council approval. • Fire Department • Chapter 2, Administration i. Sec. 2-120. Fire Department Services —wording of fee changed for various items to clarify that item is a permit • Planning and Development Services Department All fees managed by Planning Development Services have increased by 3.5%, the CPI-U increase since the last annual update. Fees updated are included in the following Articles, Sections: • Chapter 2, Administration i. Article V Finance, Sec. 2-122 Planning and Development Services ii. Article V Home Solicitation, Sec. 8-235(d) Itinerant Vendor Permit iii. Article VI Carnivals, Circuses, Menageries, Sideshows, Concessions and Special Events Permits, Sec. 8-296. iv. Article VIII Mobile Food Vendor Permits Sec. 8-418. v. Article IX Northgate Outdoor Dining and Entertainment Permits Sec. 8- 475 has been removed from the ordinance. vi. Article XIII Shared Micro Mobility Sec. 8-824 Fees and Costs. • Chapter 14, Environment and Natural Resources i. Article II Oil and Gas Permit Fees Sec. 14-67(b) — Permit period and renewal. ii. Article II Oil and Gas Permit Fees Sec. 14-99 (b) — Urban permit. iii. Article II Oil and Gas Permit Fees Sec. 14-100(a) — Rural permit. iv. Article II Oil and Gas Permit Fees Sec. 14-101— Seismic survey permit. v. Article II Oil and Gas Permit Fees Sec. 14-151(a) —Abandonment. • Chapter 34, Streets Sidewalks and Other Public Places i. Article I In General Sec. 34-2(c) — Encroachments upon easements. Page 293 of 525 ii. Article III Right -of -Way Use Sec. 34-100, Permit iii. Article IV Right -of -Way Generally Sec. 34-190 (b) Registration fee iv. Article V Parades and Motorcades Permit Sec. 34-248 Application fee • Chapter 40, Utilities i. Article I In General Sec. 40-3(c) — Creation of municipal utility districts. • Parks and Recreation Fees managed by Parks and Recreation reflect a non-resident fee of 25% over the existing FY24 rate, an increase of 5%from FY24. Residential rates remain unchanged from FY24. • Chapter 32, Parks and Recreation i. Non -Resident Fees are added for the following services at a rate of 25% over the existing resident rate. 1. Athletic Field Rentals and Fees 2. Instruction Fees per Person (e.g. Youth Sports, Aquatics) 3. Aquatic Programming and Season Swim Passes • Public Works Fees managed by Public Works have increased by 3.5%, the CPI-U increase since the last annual update. • Chapter 40, Utilities i. Article I In General, Sec. 40-4 Roadway Maintenance Fee ii. Article IV Solid Waste Collection and Disposal —Sec. 40-389 thru 40-497 iii. Article V Drainage Utility —Sec. 40-524 Rates. • Water Services All fees managed by Water Services have increased by 10.0%. The request by Council to stratify the usage tiers will require programming changes to the Origin utility billing system and will not be available for an October 1, 2024 implementation. Stratification changes will be brought back to Council at a future meeting. • Chapter 40, Utilities. i. Article II, Division 2. Rates, Usage Charges and Fees. • Electric Department • Chapter 40, Utilities i. Article III Electric System — The Transmission Delivery Adjustment included in Secs. 40-315 to 40-326 have been updated from $0.0175 per kWh to $0.0180 per kWh. This charge is assessed for ERCOT transmission 2 Page 294 of 525 system access and usage and is passed on to the customers without any markup by the City. • Community Development The single-family and duplex unit rental registration fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Page 295 of 525 August 22, 2024 Item No. 8.5. Woodcreek Section One ROO Sponsor: Jeff Howell Reviewed By CBC: Planning & Zoning Commission Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GS General Suburban or PDD Planned Development District to GS General Suburban and ROO Restricted Occupancy Overlay or PDD Planned Development District and ROO Restricted Occupancy Overlay, on approximately 32.26 acres being 130 lots and common area within Woodcreek Section One Subdivision,generally located between Lake Forest Court S and Stonebrook Drive, excluding Woodcreek Drive from State Highway 6 S to Lake Forest Court S. Relationship to Strategic Goals: Neighborhood Integrity Recommendation(s): This item was heard at the August 1 st, 2024 Planning and Zoning Commission meeting where the Commission voted 6-0 to recommend approval. Summary: This request is to add the ROO, which is a single-family overlay zoning district, to the existing base zonings within the Woodcreek Section One subdivision boundaries. The ROO is intended to provide subdivision -specific occupancy regulations — not to exceed two unrelated persons per single-family dwelling or accessory living quarter. The ROO Petition Committee, comprised of Woodcreek Section One property owners, has met all requirements of the ROO application process. The Petition Committee submitted the application materials including the ROO petition for the subdivision. When submitting an application, the fifty (50) percent plus one (1) petition signature threshold of property owners in support of the overlay must be met. City staff were able to verify that the petition met the signature threshold in support of the requested ROO. N*Ike]ZIIZ"VAT/IAvivEllV1194V/_1 1. Whether the proposal is consistent with the Comprehensive Plan: The subject areas are designated as Suburban Residential on the Comprehensive Plan Future Land Use & Character Map. The surrounding areas to the north are designated as Parks and Greenways at the location of Woodcreek Park, and Suburban Residential with single-family detached dwellings. The subject properties are also surrounded by Suburban Residential to the south, east, and west, with single-family dwellings as well. These subject areas are generally bounded by Lake Forest Court S to the west and Stonebrook Drive to the east which is an existing 2-lane minor collector and shown on the Comprehensive Plan's Thoroughfare Plan. The Comprehensive Plan discusses single-family overlay zoning districts in both Chapter 3, Strong Neighborhoods and Chapter 9, Collaborative Partnerships. The plan states that, "various single- family overlay zoning districts have been created to help mitigate the issues associated with tear - downs in established neighborhoods. These include the Neighborhood Conservation Overlay, the Restricted Occupancy Overlay, and the Historic Preservation Overlay." The plan goes on to state that Page 296 of 525 collaboration between the City and Texas A&M University is vital to proactively address issues caused by the rapid growth of the university and the stressors and potential changes that places on nearby neighborhoods. Single-family overlay zoning is a tool that a neighborhood can choose for itself to help address and mitigate perceived, anticipated, and actual changes within an established single-family neighborhood. While the NCO Neighborhood Conservation and HP Historic Preservation overlays address and mitigate changes to physical property characteristics, the intent of a ROO is to address and mitigate issues associated with over -occupancy. As a tool that a neighborhood can pursue for itself to address issues of over -occupancy and preserve neighborhood character, the request is aligned with the Comprehensive Plan. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The subject areas are generally surrounded by GS General Suburban zoned single-family homes, except to the north across Shadowcrest Drive, which is zoned GS General Suburban and R Rural and is currently developed with single-family housing and a park. To the south, the subject area is also adjacent to PDD Planned Development District and R-1 B Single -Family Residential to the east with single-family homes as well. The single-family uses allowed by the GS General Suburban or PDD Planned Development District zoning district will remain and the addition of the ROO solely restricts the number of unrelated persons per single-family dwelling or accessory living quarters to no more than two unrelated persons. As stated in the Unified Development Ordinance (UDO): Single-family overlay districts create an additional zoning district that is superimposed over the underlying zoning district. Single-family overlay districts are intended to provide additional standards for College Station neighborhoods. These standards promote residential development patterns and are intended to protect and enhance desirable neighborhood characteristics, livability, and harmonious, orderly, and efficient growth and development. The underlying zoning district establishes the permitted uses and standards and shall remain in effect. The requirements of the overlay district are to be applied in addition to the underlying zoning district standards. The ROO overlay standard is as follows: Occupancy of either, a detached single-family dwelling or accessory living quarter, shall not exceed two unrelated persons per single-family dwelling or accessory living quarter. Related persons are specified in Section 11.2 `Defined Terms' in the definition of `Family.' Accessory living quarter requirements are further specified in Section 6.5 `Accessory Uses' within the standards for `Living Quarters.' UDO sections 3.3 Zoning Map Amendment (Rezoning), 4.1 Establishment of Districts, and 5.11 Single -Family Overlay Districts detail the application process and regulations for single-family overlay districts and the ROO Process Handbook serves as a policy guide for residents. The process requires that a subdivision interested in pursuing a ROO form a Petition Committee. That committee is tasked with leading the effort, organizing their neighbors, hosting a neighborhood -led meeting and notifying all neighbors of the meeting via certified mail, collecting the petition signatures, and submitting the completed application and all required materials. The ROO Petition Committee was comprised of four members: Dwight Allen, Becky Johnson, Karen Bollermann, and Diane Jennings. The Petition Committee hosted their neighborhood meeting on April 2, 2024, discussed pursuing the ROO, the overall process, and discussed collecting petition Page 297 of 525 signatures. There were approximately 32 attendees at the meeting, 30 were property owners and 2 were residents within the subdivision. City staff were not present at the meeting. The Petition Committee finished collecting petition signatures and submitted their complete ROO application on May 31, 2024. City staff verified that the application was complete, that all requirements were met, and that the ROO petition for the subdivision met the signature threshold. The verified petition signatures in support of the ROO are as follows: • Woodcreek Section One: 107 of 130 lots in support (82.3%) Staff held a required City -hosted neighborhood meeting for this ROO application request on July 8, 2024. There were approximately 10 attendees, with the majority of questions relating to the overall process and timeline of the ROO application. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The ROO zoning does not affect any of the physical characteristics of the underlying GS General Suburban or PDD Planned Development District zoning district. The existing subdivisions meet the dimensional standards for GS General Suburban or PDD Planned Development District zoned properties as set forth in the UDO and are already developed as a single-family residential subdivision. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The existing water, wastewater, stormwater, and transportation infrastructure is adequate to support the needs of these existing developments. No additional development and subsequent impacts are anticipated from the addition of the ROO zoning designation. 5. The marketability of the property: The single-family uses allowed by the GS General Suburban or PDD Planned Development District zoning district will remain and are marketable as single-family residential homes. The ROO only restricts the number of unrelated persons per single-family dwelling or accessory living quarters to no more than two unrelated persons. Budget & Financial Summary: N/A Attachments: 1. Woodcreek ROO Ordinance 2. Vicinity, Aerial, and Small Area Map 3. Background Information 4. Rezoning Map 5. Future Land Use Map 6. Original Subdivision Plats 7. Applicant's Supporting Information 8. Petition Committee Members 9. Neighborhood Meeting Materials 10. Petition Signatures Page 298 of 525 Page 299 of 525 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 4 "ZONING DISTRICTS," SECTION 4.2, "OFFICIAL ZONING MAP" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING APPROXIMATELY 32.26 ACRES BEING 130 LOTS AND COMMON AREA WITHIN WOODCREEK SECTION ONE SUBDIVISION, EXCLUDING WOODCREEK DRIVE FROM STATE HIGHWAY 6 S TO LAKE FOREST COURT AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts," Section 4.2 "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" and Exhibit "B" attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 08-27-19 Page 300 of 525 ORDINANCE NO. Page 2 of 4 PASSED, ADOPTED, and APPROVED this 22nd day of August, 2024. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Ordinance Form 08-27-19 Page 301 of 525 ORDINANCE NO. Page 3 of 4 Exhibit A That Appendix A, "Unified Development Ordinance," Article 4, "Zoning Districts," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended and is to read as follows: The following properties are rezoned to apply a ROO Restricted Occupancy Overlay zoning as provided in Appendix A, "Unified Development Ordinance," Article 5 "District Purpose Statements and Supplemental Standards", Section 5.11 "Single -Family Overlay Districts": Approximately 32.26 acres of land, being 130 lots and common area within Woodcreek Section One Subdivision, excluding Woodcreek Drive from State Highway 6 S to Lake Forest Court S. Ordinance Form 08-27-19 Page 302 of 525 0 ¢: v cn 0 C.) 0 w 0 0, N cn Estate dco O LU General ° Suburban General Y Suburban J nDG General Suburban Single I Family Reside6ilal Light )mmercial Rural 67 P� O�� z o � cc w 0 General a Suburban J Rural Estate General turban Rural �Planne`.d . r +._ 11r�i• Single �Deu@h 1 s .,.,Family'. - :: Resldeniial .., Light Commercial M w City of College Station ,vE E i` R ��a,�'� ITTANY'DR �G 0. s t 501 , � � � � �., * k � +"' 'w- KIPLING i` �, s ► � tic, rn LE!, I - ' _ � Q' � M ,» �` � '�i',v <� v� mk `� <?��'�. � �=�- `�;: •*ter ��y ►w : � ��� t �, .� � ,� Y►• � �` pD DRIVEvv, .. , g1.� a,; p! 1 y a� V n ,� I O �CPO" ON y. OF CR x GREEN m OUR SA00L LUTHERAN`' CHURCH -( Eyf �s w SCAREpR �. v s OG 6 tir r a 1 ! 2 ►E "gin v',��: ; � �' � � * {• �'`*- re ih 4 � r C a* WIL•SHIRECOURT 0 325 650 WOODCREEK SECTION ONE ROO Case: REZONING NORTH Feet REZ2024-000007 �My_ ZONING DISTRICTS (In Grayscale) Residential MH R Rural MF WE Wellborn Estate MU E Estate MHP WRS Wellborn Restricted Suburban IRS Restricted Suburban GS General Suburban D Duplex T Townhome Middle Housing Multi -Family Mixed -Use Manufactured Home Pk. Non -Residential NAP Natural Area Protected O Office SC Suburban Commercial WC Wellborn Commercial GC General Commercial Cl Commercial Industrial BP Business Park BPI Business Park Industrial C—U College and University Planned Districts P-MUD Planned Mixed -Use Dist. PDD Planned Develop. Dist. Desiqn Districts WPC Wolf Pen Creek Dev. Cor NG-1 Core Northgate NG-2 Transitional Northgate NG-3 Residential Northgate Overlay Districts OV Corridor Ovr. RDD Redevelopment District HOO High Occupancy Ovr. ROO Restricted Occupancy Ovr NPO Nbrhd. Prevailing Ovr. NCO Nbrhd. Conservation Ovr. HP Historic Preservation Ovr. Retired Districts R-1 B Single Family Residential R-4 Multi -Family R-6 High Density Multi -Family C-3 Light Commercial RD Research and Dev. M-1 Light Industrial M-2 Heavy Industrial 0 465 930 WOODCREEK SECTION ONE ROO Case: REZONING NORTH Feet REZ2024-000007 NOTIFICATIONS Advertised Commission Hearing Date Advertised Council Hearing Date: BACKGROUND INFORMATION August 1, 2024 August 22, 2024 The following neighborhood organizations that are registered with the City of College Station's Neighborhood Services have received a courtesy letter of notification of this public hearing: Shadowcrest Stonebridge Property owner notices mailed Contacts in support: Contacts in opposition: Inquiry contacts: ADJACENT LAND USES 216 None at the time of this report None at the time of this report None at the time of this report Direction Comprehensive Plan Zoning Land Use Suburban Residential, GS General Suburban, Single-family detached, North Parks & Greenways R Rural Parkland PDD Planned Development South Suburban Residential District, GS General Single-family detached Suburban East Suburban Residential GS General Suburban, R-113 Single-family detached Single -Family Residential West Suburban Residential GS General Suburban Single-family detached DEVELOPMENT HISTORY Annexed: September 1977 Zoning: A-O Agricultural -Open (upon annexation 1977) Properties north of Woodcreek Drive o From A-O to R-1 Single -Family Residential (1982) o R-1 Single -Family Residential renamed to GS General Suburban (2013) Properties south of Woodcreek Drive o From A-O to R-3 Townhouse (1980) o From R-3 Townhouse to PUD Planned Unit Development (1982) o PUD Planned Unit Development renamed to PDD Planned Development District (2003) Page 307 of 525 Final Plat: Woodcreek Section One (1982) o Woodcreek Section One (Amending Plat-1992) Site Development: Single-family detached and common area Page 308 of 525 OQ- �� P z �O 0 w 0 w LU General Y Q Suburban - E Estate Estate General Suburban U U Z � 0 A D O 09 o < m 0 � General Suburban Single Family Residential E-RD 'Commercial UZ- General Suburban Estate Estate �. General Suburban z F- 0 LU w 0 LL w Y Q J -�^ V Rural Single Family Residential Light m m ercial . /+ Suburban,4 T 0 Residential N Natural . / 1300 7 ..A WE - Natural ood Aal Suburban .' Residential n\ pp�''� BR�TTANY fir` D m z O u CT O > _ _ o [if D 03 A D Suburban zrn d Residential m 0 70 Suburban Residential ESSEX Z m m S ss,13 EX a Suburban Residential r j� 1' WILSHIRE CT tt- �f w: O N-o� Suburban Residential 0 W 0 RJR VE DATA CURVE DFLTA RADII.I.S TANGENT CHORD ARC f0000`00" 960-00, 83, 99' 16T.34' 1G.35' J 160 O�0'OQ" �-00' 107.51' 1 -94' 13-63' 40011' 0" 3 3. ' ii8, 99' 23.49' 8-14' A5 ° 52'06'581' 95' 19 4 ,29' 362.09' -368. 01' � f 16° OCR, 00" 835.00' 117 .35 ' 32-42' 33.18 ' a- C111 10 coo' 0 0 f' 890- 00, T T . 87 ' 155.14' 155- ,33 .--� 03 � Pill Inn GO � Vf DATA _ 100'00,r 9 3.00' 80.9'3' 16f. 4r f6l.44` 36 16.00, 00" 800.00' 112-43' 2 .68' 23.40' � 1 3.59-q`0i5" 420, 00' 13 5.93' 258.66F 2 5 2. 9 ' � J..iCQ < Cv 1 1 U w A LIJ C x L Cv Q Z } T bjE KEY MAP N.T$. SANDS' x FOXFIR€ PHASE ONE A.R.C. TRAC7 SH E\T\ I FOX F'1 RE A TWO 6.6 PHASE FUTURE DEVELOPMENT LOCATION OF 1 SOODIVISION x h 12 ICINTY MP N.T.S. S — '34.00 T _ H D-- N ° 753't " - IS7.34'=--_ N .1 WOODCREEK 550 3 `06"W-J55.14' - ° S60 CE•RTI+-fCA TE OF 0A%KRW1P AAA OEBIC'A TICN+ -� ETA TE OF TEXAS COUNTY OF BRA20S f+ra1 WOOOGREEK JOINT .VENTURE . E,W. SCHULTZ . TRUSTEE owner rs1 ana devr.?cov, til of tAa JwW shag an this p2*t, Sna ZlesJVAAted hrr##r'r as !ha subdlvlsion to tha ciey of Cu1logo ststlon, Texas, fad whasa rpow fal Jm/sre mubmrrihad hcr•aty. hftP&bY dedicate to the udb 0f the puaIic forever all atreats. ellaya, parks. ea9*0w its and JDUbJJt Places thefNeen shown eor the pwpase and consideretion thareln exprasse(l. GENERAI- NOTES: I. IRON RODS SET AT ALL LOT CORNEFiS4P-I`',P,FI-C�ll PM.T-!. 2. ALL DISTANCES SHOWN ALONG CURVES ARE CHORD DISTANCE$- 3. 0 DENOTES RADIUS POINT. 4. 0 DENOTES FERImfzTER CORNER. 5. - DENOTES PH.G, OR RH,T b- 9 DENOTES P.M.C. Oft PHT. AND RADIUS PMNT. DRIVE sty '•' *•+ v w- 4118.00 V 5 I 49 # , + i DE 1 �i_ 91- JPYf E N 1 NB ° ' I'E-B3.G ' i p W C E E K F_ )-_� E7 3TA TE ¢F MUS COUNT V OP` aQ420S SEF +4F + THE UNOERSIG NEB .4UT ITY, W rHIS ZAY FERSt"L Y APP5,AREb 9" ff?l XAQW TO +M� JO 9E rhE PE'RSCW (S) NH05E NAAfF(W 151ARF fC 7'tLr' FaRC60- {5` 1•N$7Rf ATdFNT, Argo ACKAVlrLE'as€D tV W TAWT WITAOIFY 6xj5CVt8V TME SAME FOP rhF PIJWOSE ANV COVSrDERA TIQN 7 1A+ STA nW. SIVEN WR mr fNNO AAI3 SFdL CW lMrS ThE 0AY CIF. Abolh Y98P- ?+OTAR 'BLIC. 4smzos �coukvry, TEXAS. • ('w"'ji S+�f 14' ■ � � r s � # ; rt ; APPRCWALOF 6'I7`Y =ff4Cr4r I R- GARY LDER .Iftya' of the Cjty of ra31aSs Sta#ion Texas. harahy cerelfy th is plat &ad y ��a a~G #y the city, Council on the day ofPt , a A TTEST.` r secretary AFPF47VA4. OP PLAAW.W6 AA0 ZONIN6 ,L'A IS5ION 1, -NES H. BB , L7ha1€laarr of tmer Pjannln9 ana Zu-ly faaly tm tomY� z 5� hereby caf�fify th#t tf+is plat ,raa dU1Y o Dy r`fhe .L' f day o A j , 59V; A T7 secrarsry 02 511 E — 1 CMD: N L520 3 o � 9_ o � 42 . * Y r S 5 , N 8 06 ' 1 1 u E— 6 , 8' DRIVE 800 5' 11 =" 5 T22. I Ill ���r rIFIL'A T� � srT 1* fNSI 1; ELREY 0, ._Hg L'1ty E•nyinear of tpe City of' Callege Statlon, Taxes, hereby CerCJfy that ehJs vubd.1visl0n plat confor o to the requirements the sued leian Awgu�dk'Lpms of the L'1ty of Colle-4e Station- y CJt�¢ C1ty of L'o le,7a Statian, Texas 10' x 35' Guy EASEMENT C 0 ALE.' 1 50' C)I- L_ - }4 IS SECTION EE SIE T 2 OF 3 S EET+•�J 1 I an ' Q cm — c I(A i I I � x iA1 4 0 ALR, 1'�- 50f THIS ION SEA SHEET � 1 MEET ` 4 I 1 y Q �_1 l 4 ., n i CER TIFIC'A TE OF SO�QVEYOR AAVIOR ENUTPiEER OF ' L'O WTY OF BRAZOS .J€RRY BISHOP F7eglstered Publlc survayar � �:• � �.:#• Iva. ���� 1n the State OfTeAss. herdrby rartify that `+,�0'.••p 37426�- thia plat is true and oorroct end was prepared from an aCtual Sor►VY of the Property, +�+� 4 and,-My po-WertY aFsrxera and manumanes Were placed Wader• my swivrviaAlnn on the Sround, i## .�+�fttrtr. .. ratt.rifr�# t �EhCBY 918FIOP 1557 FF C,?TFI17f BY ThEE L`MIVhITY Ci6f1K WOODCREEK S TA TE OF TEXAS COLWTY OF a AZOS T FRANK 80R?SKjE county Clark lrr nrrd for the se:? Comnty, do car dfy the! this plat tage ther• w1tP Jis Cortiieicatas of authentlratlon was filed far racard in my afflca tht 4#Y Gf f �. . 1990 . in thir Deed ResordM pf a%6205 County, Yalumff , 6 . Peke: &%&Zoe County, Texas L^ F I L E A#'-- i 0 '-IL 11 iw Aft Now -..00%Mrr - . SHEET I OF 3 SHEETS FINAL PLAT Or SECTIONPONE 3. ACRES THOMAS CARUTHER SURVEY — ABSTRACT NO. 9� ROBERT STEVENSON SURVEY —ABSTRACT NO. 4 COLLEGE STATION* BRCS COUNTY.,TEXAS SCALE: Inn Inn 50' MARCH OWNER 5 DEVELOPER; 1982 WUlDfJLREEK JOkNT 'eENTURE PREPARED] BY.' E.W MIULTI, TRUSTEE JERRY BISHOP $ ASSOCDATES,INO- TOT TEXAS AVENUE SUITE 22ZD 1004 WELCH STREET :OLLEGE STATION, TEXAS 71840 COLLEGE STATION,TEXAS 77040 TELEPHONE (7I3) 696-1732 L TEL€PmONE (7131693-4216 i Page 311- a# y 7 Q O 0 p rn f 0 4t Ol O# o m ip r ti qr 10 � 0 e 4k to 55 D ci f p'} •L cQ +, 0 t w o O co r� 0 cV y} [q x c� i 0 HDA Rd i rA k ` v o f! 'LA lipp m Y7 oa r C►�1I�. 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La !2 ,n o o 20 UTILITY - -- �� - - _ F EASEMENT00 o '� Ir; "_} un a) IL wrs gyp* , La . n o o "' to !r' o' 39 {y- - m rx I Y Y°c o °'- --_ z �, ; a Ln CD � 1SO.O0" 70.OD _ 70.00` 7I,00 2'5` BLDG. LINE is _ _ 70.00� 70.OQ' 4 S03°23`OI�E-6I4.Fr9' - �� Tl_OC] ni LN®R YJ cy � 15 � W m ID N N r M J'} EO'x 40` GUY z o ip m EASEMENT��� � tr u 2 �t 71,00' - 11} 0 tp a) V> ' 69-` 0 0 N 14 4 13 d tu 7 _X _w, 1 rp In � Ns 4 ao A5 o „y o ° x y� 69,00, z 4w C).97 S 51 ° 40" E' 122 , 16 iyT7�110 -rn to -4 L �4 Q rn -r I r-)rr r- � r� ;, »/y "1 �' w � - ,10" r1{4-r7 � 4i;,Y� 29 5 i sitVV4 I 9 E-tiib.3B V ± �+ ,y ; 79-0i9`tia'"E-?0L00 r ad* R&W a 11601`59ftm111.0'5` 7 1 I0-08 � SQ8° 21'2"E - " A1+ F Carlfl,° g77 53 LO tN '�- a C w $0 rn CHI I54033"03-W-5'6Z6 C-34.02 G41D_ I�'J 641 38 E-34. 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V &w .% f L 0 %i I i05"E - 34 8` Vq 10x35 cuy EASEMENT� - THISi SECTION SEE SHEET OF 3 SLEETS i SAS ALE ' I "= 50'----- E ET + r . d t1 H 44 l t CURVE DATA CURVE DELTA RADIU5 ARC CHORD TANGENT O Sir -- Do, Orb„ 25.00' 39.27, 35.36 25.00 960 ON 214" 25,00' 42.24' 37.39' 28.16� 3 IS51 44' 151" 25.00' 37.41' 34.02' 23. 21 , 10 76 23' 32" 25.00' 3.3.33' 30.9 ' 19.67' ll 99 45, 5 25.11,0' 43.53' 38.24, 0 86° 25' OWN 25.00, 37.71' 34.23' --29.67'- 23.48' 13 94° 21' 44" 25.00' 41.17' 36.67 26,98, G 88° 19' 28" 25. 03IN -' 34.83' 24,28' 15 98� 09, 08" 25.00" 42,83' 37.78' 28.84' ]6 86° 34' 22" 25.00" 37.77' l 34.28' 23.55' 1� 860 {]4t 47" 25.00' 37.56' 34.12' 23.35' i a 900 L4' 021, 25.00' 39. 37' 35 .43' 25 . 1 0 T i 1241 57' 56" 25.00' 40.56' 36.26' 26.33 ?r} 880 32' 38" 25.00' 38.64' 24.37' 900 00' 0115 25.00' 39.27' -34.90' 35.36' 25.00' 1 2� 890 59, 591, 25.00' 39.27' 35.36' 25.00' SECTION SEE r of HEET 'ItICURVE DAYA i� CURVE DELTA RADIUS ARC CHORD TANGENT l 900 {iU' Dv - 50.00, 78.54' 70.71 T 50.00t 06 11' 49" 2705.85' 292.65' 292.51' - 146.47' 1��' 07� 44' 28'" 1477.85' 199.67' 199.51' 99.99, 130 36P 32" 510.0V 121.14' 120.85' 60.85' H 820 20' 59" 60.00, 86.24, 79.00' 32.48T 0 160 49' 05" 800.00' 234.82' 233.98' 118.26' 2_4 ( 140 10' 56" 1920.00' 475.25'. 474.04' 238-85' SHEET F 3 SHEETS FINAL PLAT OF WOODCREEK SECTION ONE 3.28 ACRES THOMAS CARUTHERS SURVEY -ABSTRACT NO.9 R BERT STEVENSON SURVEY -ABSTRACT N. 54 COLLEGE STATION, BRAZOS COUNTY,TEXAS SCALE: I"■ 50' MARCH 9 190 OWNER 8 OEVELORI<R'. 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S tip° 48 26 ' �'a"� 1b-oo s k3�aa i i#a.0o r 11 0 F ' 3'3 'SS 04 I0.00gh r 44.00' %1b04 ito"E - WOODCREEK I a1� °5 6 SECTION L F • Ep 0-420, 35.28 AC R ES S lI op Sa13 "rz - 60.05i .. i.. ; 2 2`$ a ¢a,od � � 1 ° '" .. T H M CA RUTH E R SURVEY - A B TRACT NO. �- �a-oo �1 11 � �x i_Ir �1��1�A 1�+��� f 1 11� R BERT STEVENSON SURVEY -ABSTRACT . 4 S Soo as I I W - 95.26 - ' &Q.od 'L_ _ _- ��� COLLEGE STATION, ERAZ S COUNTY, TEXAS ka-- .1,f itSCALE-, I -- 50 THIS SECTION SEE SHEET 4 F 3 SHEET MARCH 1 19 8 OWNER 8 DEVELOPER; PREPARE€? BY- VrOODCRLEK ,ICllwf VENTURE E. IN. 6CHULTI T TRUSTEE .) ER#iY BISHOP d A 50CIAT€S,1NC. 707 TEXAS AVENOE SUITE 22?D I8D4 %ELCH SIRE-T EOLLEG€ STATION, TEXAS 7T1340 COLLEGE STATIONJEXAS 77640 TELEPHONE (713) 696-1732 - TELEPHONE 1Ti31693-4216 Page 31v 1 STIEBRIDGE DRIVE water Meter r. S 13'48'6" E - 50.00 f' S 13' 48' C E - 100.00 50.OQ' 50.00' Water One Conn. Go— Wafe S 13' 5.00. --r O � LO BLOCK „ 111 I , � LOT 5 I LET 6CQ LOT LET 7' �. z 7- N 133'48'267 1 N 13' 48' ' W 50.00 so. o' 50.0 GuY Wfra _ - S.00, 5.00 N 13" 48' 26' W - 100.00 TO* Box C►— Tels. Box _ _ —1 Pal / 0- Power Pole 20' UTUTY ESWT. ORIGINAL A STATE OF TEXAS COUtfTi 01 ,Thd)CSM I, (ws.rn.). owners) and devolopsr(s of 4e sand shown on this plat, Being the fruct of land (being par+ of the traa# of land) as co"Ve"d �to ■} In the 04w I cards of 9roxaa County1n Volume , pggr _--.. and deli#crated herein as the lr, the Crty of Callego Sfaflon, Texas and whowa name In iubsarrbad h*rsto, hereby dtdicafe to th* use of the publlc fariwfr oll str*sM, allays, parics. woter rourses, droirrs, •osemants, and public plocte thoror, shower for the purpose and consIderation fhersin expressed. Qwner STATE OF TEXAS COUNTY OF BRAZOS B.efor e, t e under 'fined authofity. on this day persorl+illy appeared , known to me to be the persona's} whose norne(*' is ace subscribed to the foregoing instrument, and cicknowledged to me that heftWW executed the some for purpose and consideration tberein stated. Giue�a er my hand and on #this � - -day of 1 - ' '`: WNAL0 GARRE to Public. State of Texas Mr' C wag514n FONA9 a ,r . s'b"r 19, 19r 2 I r.r..I , 01 I., i APPROV&L OF THE CITY ENGINEER I, the undersigned. Clly Engineer of the Gty of College StdHorr, hereby certify that this iubdrwsion plot Is In complianos with the opproprlate codes and ordi"andes of the Cft of College StartFdn, L-VA # 1 _ City Eny4iresr. Coupe "Station, T*Yae CERTIFICATE OF SURVEYOR 1, Donald G- Gantt, Registered Professional Land Surveyor No.2972, of the State of Texas, hereby certify that this plat Is true and correct at►d LWO11 prepared frorn an actual survey of the property made under my supervlslorii on the ground and that the rnetee and bounds descr#birg said 9,]bdiyision - %%j y describe o ed geafnetric form, Donald D. Gq►rett, R.P.L.S. No. 2972 ice— Firs Hydrard- , Rk. of Curt} Sewer Manhole 0— Lone Slor Gas Line Sign APPROVAL OF PLANNING ANO ZONING COMMISSION I, Chairman of the Planning and Zoning Commission of ohs C" of College Stat1an, Texas, herby csrtlfy Spcirr¢ plat cs a� apraysd b? th Corrrmtnlon an the day of 19, 1�4rman of the Planning and Zoning Commission Ii + }( go & — - _�Ii socristary CERTIFICATE OF THE ENGINEER I, Donald D. Garrett, Registered Profesaional EWineer No. 22790, in the State of Texas. hereby certify that proper engineering consideration has bee to 1143 plat. RUTI ••••••• Donald D. Garret#, P.E. No. 22790 �yeC/STE'(,��f 5 13'46'2e E - 50.00 LOT 5A rA Water Motor 16.67 Uj go :'d STIEBRIDGE DRIVE S 13'48'26" E - 100.00 66,66 BLOCK 27 1,7 LOT 6A 0 0 I co !!: W* r Lfnr Comes. D_ Vlo or Une Cann. 5 13' 48' 6" E - 50.00 5,00. 16-67 LOT 7A N 1 X48'2e' W - 50.00 _ 86.66 a— Guy Warn (5) IN 1340'26' W - 50.DO 16.57 16.67 5.00, 3.W N 1 3'48'26" 1h' - 100.00 Teete. Box _ _ _ _ ------------------���------------ - ----- — — — — — -----Power Pal 0-+--- Take. Sax --Power fools 0' UTILfTY EMT. -------------------------------------------------------- APPRONAL 4F -C" COUNCrL iP l_ �J. Ik mayor o1 fha Clt} of Cettepo Stoma", hMrstrt+ asrFify the affaa duly 00pra by thsi C9y Gaunalt an time � day a1 :3 I s e ,_ . Mayar of College StdRon, Texas CHy Swaretary STATE OF TEXAS CERTIMCATE U!F THE COUNTY CLERK COUNlY OF BRAZOS I, Mary Ann Ward, County Clerk, in and for soid County, do hereby cent' that this plat together with its certif' es of authenticatlon w fi for record in my a the _ day of 1 I he wW Offlc I Records of Graz rrty, Texas, in Volurn�, Page-� County Ohrk Brazos County, Texas , AMENDING PLAT PROJECT LOCATION Bk. of Curb Server Manhole C]-- - Lone Star Gat LGns Sign 0— Guy wires (5) VICINITY MAP AMENDING PLAT OF LOTS 5 - 8 BLOCK I WOODCREEK SECTION 1 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1" = ' MAY 1992 OWNER DEVELOPER- ROY LUEPNITL 748 LONGMIRE DRIVE COLLEGE STATION, TEXAS PH. 764-0 8 Consulting Engineering & Land Surveying 4444 Carter Creak Parkway Suite 108 Bryan, Texas 7780 Plane: 409 846 - 268B F Page 31 cn-1l ' REZONING APPLICATION CITYOF s,,,,o SUPPORTING INFORMATION Horne ofTexarAdrM Unauernty` Name of Project: WOODCREEK SECTION ONE ROO (REZ2024-000007) Address: 1311 ESSEX GREEN Legal Description: WOODCREEK PH 1, BLOCK N, LOT 3 Total Acreage: 35.28 Applicant:: DWIGHT ALLEN Property Owner: DWIGHT ALLEN List the changed or changing conditions in the area or in the City which make this zone change necessary. The City of College Station community has grown and developed over the years, with attendant factors such as population increase, traffic congestion, and commercial encroachment, as well as encroachment of higher occupancy uses in traditional single-family residential neighborhoods. All of this has made it more difficult to ensure safe, tranquil, clean and healthy residential neighborhoods with enduring character. Unique properties such as the Stonebridge and Shadowcrest neighborhoods have grown more desirable, particularly for higher occupancy uses. The Restricted Occupancy Overlay (ROO) designation, which allows property owners the option to limit occupancy of single-family dwelling units and accessory structures to no more than two unrelated persons (applying the Family standard as defined in Section 11.2 of the Unified Development Ordinance) within the Property's boundaries, is necessary to maintain the Property's single-family residential use standard and neighborhood integrity. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. This ROO zone change is in accordance with the Comprehensive Plan and with the ROO ordinance passed by the College Station City Council in 2021. The ROO designation requested by this Application, if approved by the City Council, does not change the existing Residential zoning designation of the Property. A ROO overlay furthers the objectives of the Comprehensive Plan by (i) lessening congestion on the streets of the Property, (ii) secures safety from fire, panic, and other dangers, (iii) promotes health and the general welfare, (iv) prevents the overcrowding of the Property by limiting inconsistent high occupancy of single-family residences, and (v) facilitates safe and appropriate traffic within the Property. Page 1 of 2 Page 315 of 525 How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The Property is currently zoned for single-family residential uses and is fully developed with single-family residences; again, this rezoning request will not change this existing Residential zoning designation. The ROO designation will maintain the Property's single-family residential use standard and integrity. Explain the suitability of the property for uses permitted by the rezoning district requested. The Property is currently zoned for single-family residential uses and is fully developed with single-family residences; again, this rezoning request will not change this existing Residential zoning designation. The ROO designation will maintain the Property's single-family residential use standard and integrity. Explain the suitability of the property for uses permitted by the current zoning district. The Property is currently zoned for single-family residential uses and is fully developed with single-family residences; again, this rezoning request will not change this existing Residential zoning designation. The ROO designation will maintain the Property's single-family residential use standard and integrity. Explain the marketability of the property for uses permitted by the current zoning district. The Property is fully developed and is currently robustly marketed as single-family residences. Sales and leases of single family residences occur frequently throughout the Property. List any other reasons to support this zone change. A ROO designation for the Property is consistent with and supports Stonebridge's and Shadowcrest's current neighborhood Covenants and Restrictions which contain single-family residential use and limited occupancy standards and restrictions. Page 2 of 2 Page 316 of 525 ATTACHMENT TO WOODCREEK SECTION ONE APPLICATION FOR RESTRICTED OCCUPANCY OVERLAY UPDATED CONTACT INFORMATION OF WOODCREEK SECTION ONE NEIGHBORHOOD PETITION COMMITTEE MEMBERS Dwight Allen 1311 Essex Green College Station, TX 77845 (979) 224-2934 drallen34amoutlook.com, Becky Johnson 9302 Stonebridge Dr College Station, TX 77845 (512) 554-3588 stonebridv,ehoacsngmail. com Karen Bollermann 1315 Essex Green College Station, TX 77845 (480) 225-7584 kbollerman' a"Ncloud.com Diane Jennings 9316 Essex Green College Station, TX 77845 (512) 771-4653 diane.ienning,s a.me.com Page 317 of 525 ATTACHMENT TO WOODCREEK SECTION ONE APPLICATION FOR RESTRICTED OCCUPANCY OVERLAY APRIL 2, 2024 NEIGHBORHOOD MEETING NOTICE Page 318 of 525 WOODCREEK SECTION ONE NEIGHBORHOOD PETITION COMMITTEE March 18, 2024 Dear Neighbor: You are invited to a Neighborhood Meeting to discuss rezoning the Woodcreek Section One platted subdivision to include a Restricted Occupancy Overlay (ROO). The ROO is a single-family overlay zoning district intended to provide an additional restriction in single-family neighborhoods. A ROO allows us, as property owners in the subdivision, to petition to limit the number of household occupants to no more than two unrelated persons. The meeting will take place at: Our Saviour's Lutheran Church 1001 Woodcreek Dr. College Station, TX 77845 On April 2, 2024 at 6:30 pm to 7:30 pm For additional information regarding this discussion, please contact a representative listed below. Becky Johnson 512.554.3588 woodcreekphlroo@gmail.com Page 319 of 525 ATTACHMENTS TO WOODCREEK SECTION ONE PETITION COMMITTEE'S REPLY TO CITY OF COLLEGE STATION, PLANNING & DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW COMMENTS TO APPLICATION FOR RESTRICTED OCCUPANCY OVERLAY Page 320 of 525 M • -s rMM Dwight Allen <drallen34@outlook.com> Thu 12/21/2023 4:16 PM Bcc:tinatinaevans@gmail.com <tinatinaevans@gmail.com>;jackiebperez@hotmail.com <jackiebperez@hotmail.com>; lindalacey@yahoo.com <lindalacey@yahoo.com>;hsparsons1118@aol.com <hsparsons1118@aol.com>;Dwight Allen <drallen34@outlook.com>;meading@gmaii.com <meading@gmail.com>;rja31@juno.com <rja31@juno.com>; khilalusa@yahoo.com <khilalusa@yahoo.com>;helencluck@me.com<helencluck@me.com>;debjer@sbcglobal.com <debjer@sbcglobal.com>;maxkoehler57@gmail.com <maxkoehler57@gmail.com>;bobby@theisaacteam.com < bobby@theisaacteam.com > 0 1 attachments (23 KB) zROO Intro Ltr to Homeowners 2023.docx; Re: Restricted Occupancy Overlay (ROO) The attached is being sent to Stonebridge homeowners who either are not occupants of their properties, are legal representatives of the owner of record or may have additional addresses other than the Stonebridge property location. It is provided to ensure all property interests are informed and as an update or background information to help us all be up to speed as the process of overlay petition and application moves forward. Page 321 of 525 Stonebridge Homeowner's Association, Inc. December 15, 2023 Stonebridge, from it's origin in 1982, was developed as a single family, owner -occupied subdivision of Woodcreek. Most, if not all of us, made the decision to build, buy or otherwise locate in Stonebridge because of its natural beauty, the manner in which it was maintained, the good -will and support of good neighbors, the safety of having folks "watch out" for each other and, as importantly, the enduring property values and safety of investment. It very soon grew to become the Stonebridge family. As the Bryan/College Station community has grown and developed over the years, attendant factors such as population increase, traffic congestion and commercial encroachment have made it more difficult in ensuring safe, tranquil, clean and healthy neighborhoods with enduring character. Unique properties such as ours have grown more desirable, particularly for absentee ownership and the short term rental market. Current ordinance in College Station limits single-family home occupancy to four unrelated individuals, however, lower limits may be imposed within an original subdivision's boundary. Such is the case with Stonebridge. Article VIII, Sec. 2 of the SHOA Covenants and Restrictions states "habitation by more than two unrelated persons is prohibited". To bring this all together, the City of College Station, responding to the will of the citizenry, approved the Restricted Occupancy Overlay (ROO) in 2021. The ROO, if approved for a neighborhood, is codified and enforcement, if or when required, will be referred to the City of College Station. In an effort to maintain the neighborhood integrity and special family environment that we have so long enjoyed in this special place we call home, your board of directors has unanimously approved undertaking the process of application for the Restricted Occupancy Overlay for Stonebridge. The application process for ROO approval with the City of College Station is very detailed and in-depth but is specifically designed to ensure that the individual homeowner is involved every step of the way. In that regard, within the next few days, each homeowner will receive the announcement for a very important neighborhood meeting. That meeting will provide more detail of the purpose and process as well as offer opportunity for homeowner input. Until that time, if you have immediate questions or concerns, please feel free to contact our ROO project coordinator, Allan Hisey, at (505) 259-7721 or me at (979) 224-2934. Dwight Allen, President Stonebridge Homeowner's Association R00.1ntro U 12.15.2 Page 322 of 525 From: Restricted Occupancy Overlay (ROO) Petition Committee To: Woodcreek Phase 1 Homeowners The petition -signing campaign for ROO application is well underway. In an effort to ensure clarification of the major points of the overlay and how it affects our neighborhoods, the following summary is offered. The Restricted Occupancv Overlay • Does not create or force anv new restrictions or limitations on homeowners. • Codifies and transfers the responsibility of enforcement of penalties for violation of the single-family provision from the Homeowners Association to the Code of Enforcement Division of_the_City of College Station. ---- Supports the single-family provision of no more than two unrelated that alreadv exists in the Covenants and Restrictions of both Stonebridge and Shadowcrest. • Provides for waivers of the "two unrelated" provision in cases of health-care and ADA disability assistance. • Can be viewed as a tool in the shop: It is there to use when needed, but individual circumstances of whether to use it or not are the option of the homeowners or the homeowners' association. • Can also provide a deterrence for purchasers of rental market properties for multi -family use — a plus for property values. Stonebridge and Shadowcrest both have an earned reputation as desirable, single- family neighborhoods that reflect the best in quality -of -life and a model of neighborhood integrity. The purpose of the ROO is to protect and preserve what we already have! If you would like more information or are ready to make an appointment to be a valued petition signer, please contact a petition committee member listed below or email us at woodcreekr)hlroo@Rmail.com. Thanks! Dwight Allen (979) 224-2934 Diane Jennings (512) 771-4553 Becky Johnson (512) 554-3588 Page 323 of 525 Dwight Allen ROO Petition Committee 1311 Essex Green College Station, TX 77845 NORTH HOUSTDON TX 773 20 FEB 2024 PM 5 L Dl�n �C� "- �o�, �i�S kale .. .. ...... VACKI'933311064Z VAC 2OFjg a f bi�g le, v 11 oz -L vvvz.' RETURN TO SENDER VACANT UNABLE TO ;bRWAr-%-rI SC', 77845933911 *2933-04359- Page 324 of 525 ATTACHMENT TO WOODCREEK SECTION ONE APPLICATION FOR RESTRICTED OCCUPANCY OVERLAY SIGN -IN SHEETS OF APRIL 2, 2024 NEIGHBORHOOD MEETING Page 325 of 525 Required Sign -in Sheet RESTRICTED OCCUPANCY OVERLAY MEETING SIGN -IN NAME 3 —3 NIK 1l0t bv/xl)yvG-- 4. 4 r_, -Ia l,( A :1 1.1 7 0 ADDRESS / 3 0 0 la5'sSe y c-r 13 0,s.— a-e EMAIL/PHONE DATE: April _. 2024 Page SIGNATURE i Page 326 of 525 Required Sign -In Sheet RESTRICTED OCCUPANCY OVERLAY MEETING SIGN -IN NAME ADDRESS 2. f- 3 4 5 0 II 1-1 EMAIL/PHONE DATE: April _. 2024 Page SIGNATURE AaICZ (CA 0 COW + awtul Page 327 of 525 Required Sign -In Sheet RESTRICTED OCCUPANCY OVERLAY MEETING SIGN -IN NAME 4 :d:��A G r1r1 /✓�-,1- ii r 7. F3 ADDRESS 1 /5 0 4 1�r_ Z�? Hozvo " � EMAIL/PHONE �►`�+rt��Yc�s� 1 may I. c®-m DATE: April _. 2024 Page SIGNATURE Page 328 of 525 Required Sign -in Sheet RESTRICTED OCCUPANCY OVERLAY MEETING SIGN -IN NAME ADDRESS 2. A// C 1-ij 9 6 104 K mA A-1 e-x C-) AL Ire, DATE: April _. 2024 Page EMAIL/PHONE SIGNATURE r S76-`7 - 77_? 4.T)NQ 644q I, 5. f 0 t,- f_ d'r Z- 1P3 ' (09 .-'731 -L11 9S Page 329 of 525 Required Sign -in Sheet RESTRICTED OCCUPANCY OVERLAY MEETING SIGN -IN NAME tj 2. C'IP jlAwn S DATE: April _. 2024 Page EMAIL/PHONE SIGNATURE rj 0 <�Om 7) 4. NO dAvu a, 65e k- plzfot,\ kiqbl�vwt, 0 c�aaAd, (_aA, x_ 1-3 �V I 5. (-2 Ar)\/ ct A ADDRESS T3c;�z, ` s � � Esser �") 73& Page 330 of 525 Required Sign -In Sheet RESTRICTED OCCUPANCY OVERLAY MEETING SIGN -IN NAME ADDRESS EMAIL/PHONE DATE: April _. 2024 Page SIGNATURE MOLL WJ i�� xI IF5-�3e�_ C-Ifeen 3 Plff - PAAI.Dq RtV#- -30� s5� C ►�= v 9'Iz.- 3 -S� Jb � -� 5. 97�> je q -1 -7 - (0 q C, - _m a,�) P, -` �;) �VLI_ 6. �5 7j)1"(e__5 malcm �3 [It ZAP�&,5 A Page 331 of 525 ATTACHMENT TO WOODCREEK SECTION ONE APPLICATION FOR RESTRICTED OCCUPANCY OVERLAY MINUTES OF APRIL 2, 2024 NEIGHBORHOOD MEETING Page 332 of 525 MINUTES OF APRIL 2, 2024 NEIGHBORHOOD MEETING OF WOODCREEK SECTION ONE REGARDING ITS RESTRICTED OCCUPANCY OVERLAY PETITION A Woodcreek Section One's Neighborhood Meeting of owners of subdivided lots within the boundaries of the Woodcreek Section One recorded plat, following appropriate notice, was held at 6:30 pm on Tuesday, April 2, 2024 at Our Saviour's Lutheran Church, 1001 Woodcreek Dr., College Station, TX. Allan Hisey, Coordinator of the ROO project for Stonebridge Homeowners Association, Inc. lot owners, was present by invitation and kept the Minutes. 1. Mr. Hisey served as a presenter at the meeting. Following completion of sign -in sheets, Mr. Hisey welcomed all attending the meeting and gave an overview of the agenda for the meeting. 2. Mr. Hisey first explained the purpose of the meeting. He reported on the City of College Station's determination that the ROO Application was incomplete and the City's requirement to send notice for, and hold, another neighborhood meeting. A short discussion followed. 3. Mr. Hisey next presented the identical information slides that had been provided to attendees at the January 9, 2024 neighborhood meeting to facilitate the discussion of the Restricted Occupancy Overlay ordinance and adoption process. A copy of the slides is also attached to these Minutes. 3. The attendees were first referred to the City of College Station's Restricted Occupancy Overlay (ROO) Process Handbook. Those present were encouraged to review the Handbook because it is a well -written, concise, and comprehensive guidebook for any subdivision desiring to pursue a ROO adoption. Most of the information shared at the Meeting was information specifically contained in the Handbook. 4. Those present at the Meeting were next provided with an overview of overlay zoning in general and with a more specific explanation of a Restricted Occupancy Overlay. The general standard that a ROO petition required a petition signed by at least 50%+l of the single-family zoned or developed building plat in an original subdivision in support of the overlay petition was emphasized. 5. Next was an overview of the ROO's standards for occupancy, including that occupancy may not exceed two unrelated persons. Mr. Hisey gave additional clarity on the definition of a Family and the grandfathering provisions under applicable UDO provisions. 6. A description of the recorded plat known as "Woodcreek Section One" was presented. Photocopies of the recorded plat were also distributed among those present. Mr. Hisey clarified that the Shadowcrest neighborhood included several phases but that, at the time of the meeting, only Section One of their neighborhood was included in the proposed ROO petition. 7. Enforcement provisions of the ROO, if adopted, were presented. Page 333 of 525 8. Mr. Hisey presented a brief description of the ROO approval process, again referring all those present to the Handbook for more specific information. A specific slide depicting the process as contained in the Handbook was shared. 9. A short discussion of the primary reasons given in support of a ROO adoption was presented, including (1) occupancy restrictions were already present in Stonebridge's Covenants and Restrictions, (2) a "four unrelated persons" occupancy was already in place, (3) enforcement feature of ROO ordinance would be the responsibility of the City and not the respective homeowner associations or an individual lot owner, and (4) the ordinance preserved the general desire to protect the single-family use restriction in both the Stonebridge and Shadowcrest neighborhoods. 10. Mr. Hisey next presented information on the formation and operation of a "Neighborhood Petition Committee" preferably with representatives of both Stonebridge and Shadowcrest neightborhoods. Participation by Shadowcrest lot owners was especially solicited. 11. Contact information of Stonebridge participants was shared. 12 A question -and -answer period was then provided. Mr. Hisey reviewed for the attendees at this meeting the questions, and responses to those questions, presented and discussed at the January 9 meeting. No other questions or comments were made. 13. Mr. Hisey briefly described the process for obtaining signatures on the prescribed petition form and stated that petitions would be available for signature following the meeting if lot owners were ready to sign it 14. The meeting then ended. Dated: % 1 2024 Coordinator/Minute/Taker: C� � I ' Allan J. Hisey Attest: Neighborhood Petition Committee Member: (Signature) (Printed Name) Page 334 of 525 ROO Handbook • Applicant guide • Neighborhood role • City role • Timeline • Checklist Et templates • R00 Petition Form Page 335 of 525 WHAT IS OVERLAY ZONING? FROM CITY "RESTRICTED OCCUPANCY OVERLAY (ROO) PROCESS HANDBOOK' "An overlay zoning district is a special district placed over a base zoning and includes provisions in addition to those required with the base zoning. Creating an overlay zoning district establishes a boundary with additional regulations that apply only to the properties within the boundary". Page 336 of 525 WHAT IS A RESTRICTED OCCUPANCY OVERLAY (ROO) FROM CITY "RESTRICTED OCCUPANCY OVERLAY (ROO) PROCESS HANDBOOK" "A Restricted Occupancy Overlay(ROO) allows property owners the option to limit occupancy of single-family residential units and accessory structures to no more than two unrelated persons within an original subdivision's boundaries, or multiple contiguous phases of original subdivisions that apply jointly.' The documents required to be submitted with an official ROO application includes a "ROO petition signed by 50% + 1 ofpthe single-family z ' zoned or developed bu ilding u lding lots in the originaly ' p subdivision in support of the overlay. Page 337 of 525 WHAT ARE A ROO'S STANDARDS FOR OCCUPANCY? FROM CITY "RESTRICTED OCCUPANCY OVERLAY (ROO) PROCESS HANDBOOK" "Occupancy of any single-family dwelling unit or accessory living quarters may not exceed two unrelated persons. There is no occupancy maximum for relationships that meet the definition of family (as listed in UDO 1.2 Defined Term). The ROO restrictions apply to all occupants who are not related through one of the relationship types enumerated in the definition of Family and sets a maximum of no more than two unrelated persons." Liberal grandfathering (see UDO Section J.11(D)(I)(e) Page 338 of 525 Family Definition A family is any number of persons occupying a single dwelling unit, provided that no such family shall contain more than four (4) persons, unless all members are related by blood, adoption, guardianship, or marriage, are an authorized caretaker, or are part of a group home for disabled persons. When counting the number of unrelated persons in a single dwelling unit, a maximum of one group of persons related by blood, adoption, guardianship, marriage, an authorized caretaker, or members of a group home for disabled persons shall be permitted, provided that all other persons shall each count as one unrelated person. Guardianship shall include foster children, exchange students, or those in the process of securing legal custody of a person under age 18. Any asserted common law marriage must be subject to an affidavit of record under the family code, or a judicial determination. The term "family" shall not be construed to mean a club, a lodge, or a fraternity/sorority house. (adopted December 10, 2020) Page 339 of 525 WHAT IS OUR APPLICABLE SUBDIVISION PLAT? FROM CITY "RESTRICTED OCCUPANCY OVERLAY (ROO) PROCESS HANDBOOK" " A subdivision is the division of land into a lot, tract or parcel for the purpose of development. An original subdivision is also known as a legally recorded subdivision plat. A plat is a map of a subdivision that is legally recorded in Brazos County..." Page 340 of 525 Woodcreek Plat - 1982 Page 341 of 525 HOW IS THE ROO ENFORCED, IF ADOPTED? FROM CITY "RESTRICTED OCCUPANCY OVERLAY (ROO) PROCESS HANDBOOK' Enforcement is dependent upon the ability to document a violation of the ROO ordinance. Complaints will be investigated by Community Services - Code Enforcement division with support from Planning and Development Services. Once sufficient evidence of a violation has been gathered, the evidence will be submitted to the City Prosecutor for consideration of prosecution. Page 342 of 525 Continued from previous slide HOW IS THE ROO ENFORCED IF ADOPTED FROM CITY "RESTRICTED OCCUPANCY OVERLAY (ROO) PROCESS HANDBOOK' The investigation, based on guidance from the City Attorney's Office, of a complaint, regarding violation of the ROO may include the following: ❑ Visual observations ❑ Documentation of vehicles parked on the premise ❑ Review of the lease or other rental agreement ❑ Third -party statements and other information ❑ Other investigative tools identified by the Administrator or Prosecutor's Office" Page 343 of 525 R00 Process Overview Process Overview A Neighborhood Process Inquire Gather Consensus 4M Apply M City Process Public Verify Hearings Support & Decision am Result: A rezoning request is heard before the Planning and Zoning Commission for recommendation, and a final approval or denial is determined by the City Council - Total: Estimated 4-9 months from Inquiry to final decision, depending on neighborhood interest and size_ Page344 of 525 Apply A Apply AVAILABLE INITIAL NQUiRY FOR QUESTIONS FSOAMM mftb-01 READ ROO ig , �=OK PRE -MEETING cwalw" lr4w"v d.wvw, "ew. *W.P, w ONLINE PRESENCE PROVIDE OWNER NAME, MAILED NOTICE' ADDRESS, LEGAL DESCRIPTION, MAILING ADDRESS NEIGHBORHOOD MEETING ONE FQ- a Req— - f4allet noWe$ MAY , oesg"now be sm mx al"efuse *Irj MUUPee M'jWt1)70d meemig Mies FINISH CITY COUNCIL NEX.HBORROOD FINAL DECISION PRESENTAriON NEIGteow_100 P&Z MEETING PRESENTATION ADVERTISE P&Z AND COUNCIL MEETINGS CiTY44OSTED NEIGHBORHOOD MEETING MAILED NOTICES Al wowty ovm" —ftd rotor end lnY &*19 h**Wd by ofty R=AS NEED MEETING ONE MINS, DRAFTED AND SIGNED BY PETITION COMMITTEE MEMBER PROCESS APPLICATION AS NEEDED: ADDITIONAL MAILED NOTICES, REZONINGAND NEIGHBORHOOD MEETING, COMINUTTEE MEETINGPETITION MINUTES OBTAINS 5&% . I StGNATURES C4100 Old VibN *4 appboam, Nat Page 345 of 525 WHY A ROO? 1."4T02" 2. Stonebridge HOA existing covenant 3. Impact of high density/high occupation on a single- family neighborhood's integrity and special family environment 4. "Option" 5. Enforcement 6. Page 346 of 525 WHAT IS THE PETITION COMMITTEE? FROM CITY "RESTRICTED OCCUPANCY OVERLAY (ROO) PROCESS HANDBOOK' "The petition committee is a group of volunteers who help promote the ROO process for a particular subdivision. The petition committee must be comprised of property owners from the original subdivision. If multiple contiguous phases of original subdivisions are applying jointly, the Petition Committee shall consist of one property owner from each phase included in the application." Page 347 of 525 CONTACT INFORMATION FACEBOOK PRIVATE GROUP PAGE FRIEND Becky W Johnson AND SHE WILL INVITE YOU TO THE GROUP WOOD CREEKPH19GMAlLCOM HTTP//WOODCREEKPHIROO.COM Page 348 of 525 R00 Petition Form Restricted Occupancy Overlay Petition Must submit application within 2 months of first petition signature R 1� it, Occupancy to 'ed srngOc 0'*'� ' '�O c'eO 'u"e" P" 112 ot;nv in the en`�'� Of 0 A aX whdivnion ate A"o 'bVhp " ' 08 in a accessary "e" in lou" in q n gua ar e an ed a 11 1- e ` � I �l - ly 7*.;� budding I I f 0' ---'a �"�n chat 1, 1 " 5� -a -F--I� d 'eq_' 'h Or p en a r I'ca M, !understand licarkm does ant guarantee ROO appl-I W, 0or, f petit can is ter e craJ by the auahnr ty' i wham it o required to he fiRed. 8, - thaf date, a 18W -*��d to 11=4 a Pe he with whom The pmition is requi, .64-d an aff v9 DATE, FULL LEGAL 'USDAICION NAME. ADDRESZ LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE DATE Page 349 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". 1 understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: %'I I .,% oL U 0- — FULL LEGAL SUBDIVISION ZAME.CWoodereek Section One ADDRESS LEGAL DESCRIPTION PROPERTY OWNER NAME Ip� 7 1. a7i sfp�f-,1 ,ham Lo T 1,2. 6,6- 4�,Sr,, 6)t N, �j��C �.% ►Soh SIGNATURE DATE tL 63. q5ja f bku-/Vt LcA 15 Uf's -k LkA �L a G if F 4. q 3o$ EZE* Co?- A) N I LO-T- 13 5. 1301�TWOodcarecZ/-, oc�-- Ll1 1 -� S 6. l Y45J&e� rs'jc a Or 8J�� K � f I 1 7.150t ,Zc-,a" A,4- 8. 13�� �M, k aT 6 �dl1 r CaAroS ,SAkfDk.1,. tf10P-vi1.c.F- `�-R � !c�7 f- I1y i Page 350 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: 'i ? r: Q? j 0M.? Ll FULL LE(JAL SUBDIVISION NAMErWoodcreek Section OnZ) ADDRESS LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE DATE 1. vs �` G? r�l rs o ac { _ Lc s+e rl t rv't Mai ,Z Ti - 2. /L3N S csSek —D/, eZk n ck L / -L.o+ I - eRuk M c tt U-1 l a 3. p -B1 c7CkjV Lo f 1 5. 1,30 o arev-q t-o-t—L �,j kof" 1 6. ; C� V ��S' �S `,' ` I /e9 . r ; r 0 �- - Itz Kf 01 7� �vr C�� d t�ruiJ r� '_� - a e , 7. Page 351 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single-family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: C7 �I (% o� FULL LEGAL SUB61VISION NAME: (Woodcreek Section One 1 ADDRESS LEGAL DESCRIPTION 1.q3/6 &�:5e; Grp-e4 Took /V Lo� i T 3. V3, 11 C-5--Z-,4 C , ,J it c ter , 60-r �3 4.93/0 fs-.(-I C,ti� e Al 2, /4- 5.9�/l�ac�G Lot 3 7. 8.131z 5�� �r� I Dc� I �1, L0f f 3 PROPERTY OWNER NAME �r�e JP,qgmg5 Wer'Vter j C*A r(- 10JP1k�/#W ge-lei, P. CLUCK �i�JQl owl ef-rp Lv, bIM5 SIGNATURE DATE ifRf- z ?0* e)--Z Apr; i 2oz� 4W44J4, ,�7/PpV/A�P0 Page 352 of 525 Restricted Occupancy Overlay Petition By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by f ling with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME: Woodcreek Section One) LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE A$ imp � •r - l r 3.1�( �c�ssQ ��z wa �� Raw,t L� I �.enne���� ,%o�MS�� 1 1 4 L &J, A�� i�,Lcykr /3j9,9,, &A, -- - �-) 5. 11 7. Rj DATE 4�2�-4r k, - �� - q--? - 2�L 1 Page 353 of 525 RECEIVED Restricted Occupancy Overlay Petition ■ MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that- related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single-family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME:( W� reek Section One ADDRESS LEGAL DESCRIPTION 2. 9V9 Tmbe-e kolI 3. " " 06 5.�z00 i;m {ek A %. �� $1o�k 2 1,0k 1 151ock -P, C*+IY- L -- A- 2O LoF It PROPERTY OWNER NAME Pkmzrn 14a kv Pesek- SIGNATURE DATE 5- y-,z (�- 5! cnna Srn�Ft� .57 j�tAIA, -:�01 r� )�A r^s 110� _ fl s r- 2-6 Zr s-/Ot lz--� Page 354 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME(Yoodereek Section One ADDRESS LEGAL DESCRIPTION PROPERTY OWNER NAME It 290,13 Tmbet-knQl1 5 L,o rc- f,II Cf 5e 4. ct)/T lot ( Jg liL, S�,-) t� 5. 6. ,2.ca`� Mbcr �&oll br flock 5 ko� -7 -cells` omQ`� 7. VA tlo.,�_j- Lo 4- 9ev" f) i r- V-L 5 L-0� 6 wip 6, 11 M( SIGNATURE DATE 51f-24dy g�y/2oazt. Page 355 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME: �o�odcreek Section One j ADDRESS LEGAL DESCRIPTION 2. 3. �ZH 4. 0 to ck— Z Lo fi PROPERTY OWNER NAME SIGNATURE gttev go vL- �'rl `� Axv1, �w4tj� r kri 5,f�, 1!Jo jx",L, 6. 72t sa.l��iwcyr �r3 � L f C's� Wr � � j-r--c �t�t� ��r �-� � /51-k�4- TJ,,jb) Wo f) e,�� bC/� l lvj� Te/l -eSiu DATE slslz� 63 Page 356 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single-family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: - -- . — -� FULL LEGAL SUBDIVISION NAME: (�oodcreek Section One ADDRESS LEGAL DESCRIPTION 2. 3. ZZ ` 1 4.�c,Q�vw 7. 3 vJoo) 0�0 bIK4 L-6tG PROPERTY OWNER NAME 3k&C,-,<a `G Vv"l � I 5 /67a, ;Cj fia�Joo�e SIGNATURE DATE Page 357 of 525 RECEIVEC Restricted Occupancy Overlay Petition MAY 3 12024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME. Woodcreek Section One ADDRESS LEGAL DESCRIPTION 1 9 Ra b Q h%ux(,� 6 Loci. I I 1 OT 0 2. / 2'0 6 S+' Let. 006re-S-� I e Le- ( N L o 1 2 - 3. qU 6 %JDA'CW5; 8(04- (1 [,P ` t 1 V/ L Z0+ ai1fckI1.0fk kicr�, I Lo� 2, PROPERTY OWNER NAME S .ass/e �d�i1 �o.L�r� �enn�rriUl ll of e W L. / i �I�L S Q r t. bAy � � l01 . SIGNATURE DATE os - o� -a� bs-oy - 2 q 0,� *- ,W Page 358 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single-family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: ` FULL LEGAL SUBDIVISION NAME! Woodcreek Section One ADDRESS LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE DATE 2. �'%D C/ ��el.�®oar 1 3. 9��� e �1E�� >rJ � Gt�ooD ,2 �� rT7 6L�c 4 2� ,�� �>� Su1�� � S� � /. 9 5 0 7. Page 359 of 525 RECEIVED Restricted Occupancy Overlay Petition MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single-family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: _ FULL LEGAL SUBDIVISION NAME: OWEoodcreek Section One ADDRESS 3. H 5. R1 7. LEGAL DESCRIPTION Nock -lie, L0-rz yc PROPERTY OWNER NAME SIGNATURE DATE Page 360 of 525 RECEIVED Restricted Occupancy Overlay Petition um MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: - FULL LEGAL SUBDIVISION NAMFt, Section One ADDRESS LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE DATE 1. 2. f �Js �l-N.�k c� C 1(a2Z-6S4SP A@V ��►z � t z 1 z 3. 9 5. R1 7. EV Page 361 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME: Coodcreek ADDRESS LEGAL DESCRIPTION 2. 3D1 ss Grh_ 9->)t �1 �LO 3. '�3bL tsse,-Q'tn bj4L� F6t (0 4. L/ 4-- 5S -(2>c &,fe,� e�Goc eAA /-a � !,V 5.1309 of� 0 7. ►. PROPERTY OWNER NAME SIGNATURE r oA-C-1 L- &e& (aS Ja^,%'c-4t DATE 2'ztt Page 362 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single-family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME ;WodekcOn -L� ADDRESS LEGAL DESCRIPTION 1 C1%©�s�L�jo4e,6ri"-,e /oc�-, 4pt�� 1 . llpyllI Pj r/ / (�!Z L 2. 3. 4.LA-g -(fit rt 3,04 5 he,bwdj-t- �fi3 5. 6. 7. 8. PROPERTY OWNER NAME SIGNATURE DATE Page 363 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME: 6 Coodcreek Section One ADDRESS LEGAL DESCRIPTION ! c- 3. if 5. 0 7. 3 PROPERTY OWNER NAME D,�°�, of to wv-, SIGNATURE DATE Page 364 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single-family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME: Woodcreek Section One ADDRESS LEGAL DESCRIPTION L )/4- 2. ��I l,���j4d4K it 3. 4. le,,o 5. Z� P� J-/ 440 7. 130o S.u14v411 PROPERTY OWNER NAME SIGNATURE DATE Page 365 of 525 Restricted Occupancy Overlay Petition RECEIVED Page # MAY 3 12024 By signing below, I agree that the Restricted Occupancy Overlay(ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME Woodcreek Section On ADDRESS 2. 3. 9 a rel 7. 13 LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE DATE Page 366 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. 1 understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdr awn from the petition. DATE: FULL LEGAL SUBDIVISION NAME:, Woodcreek Section One ADDRESS 2. 3. 0 5 Q 7. 3- LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE DATE Page 367 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 3 12024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME• Woodcreek Section One l ADDRESS LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE DATE 1.9313 STP' b-gMrWr- A a- ph T / gz-oeu d, (o 1 ) % ( q Z q 2.`►��9�e4�boru�hL� �I�L�('�� w �oa.HC��u.��� Jm�oan(..ao 3.�132�NP� s. �'g 6kK�.o-�(� _ CarleHe-RzkIa &,,,1 Al,&-Z"11 1Z)AXJ-i)A dr-�,LAIIJ< Nr- 7.04(1:��c�� 0 Page 368 of 525 Restricted Occupancy Overlay Petition By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature be deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: - FULL LEGAL SUBDIVISION NAM F Woodcreek Section One ADDRESS LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE DATE 2. 3. 9 5. A 7. E:� Page 369 of 525 Restricted Occupancy Overlay Petition RE Page # RECEIVED MAY 31 1014 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: S/ 2 f FULL LEGAL S TBDIVISION NAME Woodcreek Section One ADDRESS 17 llv b Uf eel,c . 1. 2. 7. 0 LEGAL DESCRIPTION T6,6 qLoy LI gIock , . / of 3 PROPERTY OWNER NAME SIGNATURE DATE 5/y�ZoZY Page 370 of 525 Restricted Occupancy Overlay Petition By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting* the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE:,_ FULL LEGAL SUBDIVISION NAME: Woodcreek Section One ADDRESS 3 0 5 91 7. a LEGAL DESCRIPTION PROPERTY OWNER NAME t ocK I J LoCt,^ SIGNATURE DATE Page 371 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. 1 understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NA . Woodcreek Section One ADDRESS LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE DATE fiL/v L ,ae' 2 O 3. H 5. 31 7. ,A Page 372 of 525 Restricted Occupancy Overlay Petition Page # RECEIVED MAY 31 1014 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. • I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single-family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME: CWo�odcree�kSec�tionne :�I: LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE I. q'gvS ,5�.� )e- !„Irx�r C[W-k P1, l Nark L�L)46 JKC: ue-IIA-2 QteZ �� 2. W 4 o -7 3. /.36;. C-55ex ( � 5.g30(o �o- v�f bkex4, L0+5- I� Iv(p K rA L6-'� Pa QZ0�, N A-9.t I - 6. V50f_ �5 � &ICL VIA Lx, i' 11 7. 0 �MAk �- '�tl� txr4��tai-kN " M� D'kmbrLWb AL6A-k 44w� Llnd4, F. LaCe� -- DATE Page 373 of 525 RECEIVED Restricted Occupancy Overlay Petition Page # MAY 31 2024 By signing below, I agree that the Restricted Occupancy Overlay (ROO) ordinance will limit occupancy to no more than two unrelated persons in a detached single-family dwelling or in an accessory living quarters in Woodcreek Section One. I understand that related persons are related by blood, adoption, guardianship, marriage, are an authorized caretaker, or members of a group home for disabled persons, as defined in UDO Section 11.2 Defined Terms in the definition of "Family". I understand that at least 50%+1 of the total number of single-family zoned or developed building plots in the original subdivision are required to submit the ROO application for consideration. I understand that submitting an application does not guarantee ROO approval. A signer may not withdraw the signature from petition on or after the petition is received by the authority of whom it is required to be filed. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition. DATE: FULL LEGAL SUBDIVISION NAME. �oodcreek Sectio�One ADDRESS 1. J3v7 sUsSe,C (put) 2. 3. H 5. I 7. K. LEGAL DESCRIPTION PROPERTY OWNER NAME SIGNATURE DATE Q 1 ockI lAf 3 a-i,C�ra C. i o 5- 30 -� Page 374 of 525 August 22, 2024 Item No. 8.6. Area 00 City Initiated Rezoning to MH Middle Housing with a HOO High Occupancy Overlay Sponsor: Gabriel Schrum , Jeff Howell Reviewed By CBC: Planning & Zoning Commission Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, Article 4 "Zoning Districts," Section 4.2 "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GS General Suburban to MH Middle Housing and HOO High Occupancy Overlay for approximately 3.66 acres being all of that certain tract or parcel of land lying and being situated in the Richard Carter League, Abstract No. 8, in College Station, Brazos County, Texas, including portions of Lot 5 and Lot 6 of the D.A. Smith Subdivision as described by plat recorded in volume 49, page 106 of the Deed Records of Brazos County, Texas, and subsequent replats of portions of these two lots, within an area generally bounded by Lincoln Avenue, Nimitz Street, and Eisenhower Street. Relationship to Strategic Goals: • Good Governance Neighborhood Integrity Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their August 1st, 2024 meeting, where they voted unanimously in recommendation of approval of this request conditioned on the construction of an approved access drive or turnaround, that meets Fire Department standards, be provided within 100 feet of the terminus of Avenue A. This can also be achieved by the extension of Avenue A to Eisenhower Street, Nimitz Street, or Ash Street. These conditions are necessary to ensure adequate Fire and Sanitation access with the potential increase in density allowed by the proposed zoning. City staff also recommends approval. Summary: As part of the second phase of the City -initiated rezonings to middle housing, this area was identified as appropriate for MH Middle Housing and HOO High Occupancy Overlay but needed to be surveyed prior to moving forward. This is due to the area not being subdivided and/or the need to be resurveyed. This area was also previously considered and determined to be appropriate for rezoning to MH Middle Housing by a working group of neighborhood and development community representatives, the Planning and Zoning Commission, and the City Council. Public engagement sessions were held earlier this year in February and March to receive additional feedback prior to moving forward with the survey work necessary. After receiving the completed survey and considering the rezoning criteria, City staff has determined that this area is appropriate for rezoning to MH Middle Housing and HOO High Occupancy Overlay and are recommending approval. The HOO High Occupancy Overlay would allow the shared housing use as long as the property met the requirements for that use. 1. Whether the proposal is consistent with the Comprehensive Plan: Page 375 of 525 The subject properties are designated on the Comprehensive Plan Future Land Use & Character Map as Mixed Residential and are a part of the Northeast Gateway Redevelopment Plan. For the Mixed Residential land use, the Comprehensive Plan provides the following: Areas appropriate for a mix of moderate -density residential development including, townhomes, duplexes, small multifamily buildings (3-12 unit), and limited small -lot single family. These areas are appropriate for residential infill and redevelopment that allows original character to evolve. These areas may serve as buffers between more intense multi -family residential or mixed -use development and suburban residential or neighborhood conservation areas. The intent of the Mixed Residential land use is to accommodate a walkable pattern of small lots, small blocks, and well-connected street pattern that supports surrounding neighborhoods. Developments in this district should prioritize a mix of housing types and scales located near community facilities or adjacent to commercial or neighborhood centers. The MH Middle Housing zoning district is aligned with that vision. The zoning districts that are generally appropriate within Mixed Residential include: middle housing, duplex, townhouse, and limited -scale single-family zoning. The Northeast Gateway Redevelopment Plan creates a coordinated strategy for future change and redevelopment along two of the busiest corridors in the city: Texas Avenue and University Drive (FM 60). The goal of the plan identifies the need for availability of residential and commercial opportunities throughout the district. It more specifically states the following: Reflecting the community's existing and future housing needs and demographic characteristics, future development and redevelopment of different housing types will expand housing opportunities for all residents of the City of College Station, including faculty, staff, and students of Texas A&M University. While detached single-family homes have historically been the base of College Station's housing stock, the MH Middle Housing zoning district can provide more for -sale and for -rent opportunities for households and families seeking a walkable lifestyle near employment opportunities and amenities, particularly as rising land values raise the costs of single-family home ownership. By enabling the MH Middle Housing zoning district and incentivizing higher -density housing in this redevelopment area, development pressures can be concentrated here and outside of established single-family neighborhoods. Furthermore, the MH Middle Housing zoning district provides greater flexibility and serves as a transitory buffer between more intense urban uses and established single- family zoning districts. The Northeast Gateway Redevelopment Plan also identifies in one of its actions, that Avenue A should be extended to Eisenhower St. A connection to Nimitz or Ash would serve the same purposes and meet the spirit of the plan. There is a concern when it comes to Fire and Solid Waste access on Avenue A. Fire and Solid Waste personnel already face challenges in trying to serve the current residents. Currently, there is not sufficient access for their larger vehicles to provide services to those lots that are facing Avenue A. Without providing an approved access drive or turnaround, that meets Fire Department standards; or an extension of Avenue A to Eisenhower, Nimitz, or Ash, it would cause this request to not be consistent with the Comprehensive Plan. Page 376 of 525 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The subject properties are surrounded by multi -family developments to the east, commercial to the west across Eisenhower St, single-family residential to the south across Lincoln Ave, and single family -residential and duplexes to the north. Development pressure continues to grow as new generations of students, young professionals, families, and seniors move to College Station; allowing and encouraging redevelopment opportunities helps alleviate some of the pressure in the market. The MH Middle Housing zoning district enables redevelopment of these lots at an appropriate scale, permitting the increase in residential density on these sites. The residential uses permitted in the MH Middle Housing zoning district are appropriate for this area as they allow for additional residential density to meet market demand while still fitting into the context of the surrounding areas. Additionally, the HOO High Occupancy Overlay, which allows shared housing uses, was determined to be appropriate for the subject properties due to the proximity to Texas A&M University and a Texas A&M Transportation Services bus route and the development pattern of the properties within the area. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The size and location of the subject properties are suitable for single-family, townhouse, duplex, and multiplex uses, although some uses would require replatting of the lots to fit the dimensional standards of the MH Middle Housing zoning district. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The existing water and wastewater infrastructure is adequate to support the needs of the proposed zoning districts. Drainage and any other infrastructure required with the site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. Additionally, the 2021 Comprehensive Plan update anticipated the need for improved transportation facilities, which are reflected on the Comprehensive Plan Functional Classification and Context Class Map. Currently, Avenue A does not conform to Fire access requirements and is substandard width that terminates at a dead end without a proper cul-de-sac. Constructing an access drive or turnaround, that meets Fire Department standards or providing an extension of Avenue A to Eisenhower, Nimitz, or Ash will help make up for the current substandard state of Avenue A. 5. The marketability of the property: The uses allowed by MH Middle Housing and the HOO High Occupancy Overlay provide for an increase in density that is marketable given the location of the property. Budget & Financial Summary: N/A Attachments: 1. Area 00 Rezoning Ordinance 2. Vicinity, Aerial, and Small Area Map 3. Background Information 4. Future Land Use Map Page 377 of 525 Rezoning Map Page 378 of 525 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 4 "ZONING DISTRICTS," SECTION 4.2, "OFFICIAL ZONING MAP" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING APPROXIMATELY 3.66 ACRES BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE RICHARD CARTER LEAGUE, ABSTRACT NO. 8, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, INCLUDING PORTIONS OF LOT 5 AND LOT 6 OF THE D.A. SMITH SUBDIVISION AS DESCRIBED BY PLAT RECORDED IN VOLUME 49, PAGE 106 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND SUBSEQUENT REPLATS OF PORTIONS OF THESE TWO LOTS, WITHIN AN AREA GENERALLY BOUNDED BY LINCOLN AVENUE, NIMITZ STREET, AND EISENHOWER STREET, AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts," Section 4.2 "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", Exhibit "B", and Exhibit "C" attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 08-27-19 Page 379 of 525 ORDINANCE NO. Page 2 of 7 PASSED, ADOPTED, and APPROVED this day of August, 2024. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Ordinance Form 08-27-19 Page 380 of 525 ORDINANCE NO. Page 3 of 7 Exhibit A That Appendix A, "Unified Development Ordinance," Article 4, "Zoning Districts," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended and is to read as follows: The following properties are rezoned to MH Middle Housing with a HOO High Occupancy Overlay zoning. BASELINE ��; Cily-Initiated Rezoning Proposed Area "00" (Avenue A & vlci0y) Portions of Lots 5 and 6 Q.R. Smith Subdivision College Station, Texas May 2024 All of That cerlain Iract or parcel of land lying and belg situated in the Rlchard Carter league, abstract no. 8, in College Slation, Brazos County, Texas, including portions of Lot 5 and Lot 6 of the Q.A. Smith Subdivision as described by plat rewrded in volume 49, page 106 of the peed Records of Brazos County, Texas, and subsequerit replais of portions of these two cols, within an area generally bounded by Lincoln Avenue, Nimltz Street, and Eisenhower Street; and being more particularly described as follows Begi nning at an `?C" mark found cut in concrete marking the intersection of the southwest right-of- way boundary of Avenue A a rid the northwest right-of-way boundary of Lincoln Avenue, being the east corner of Lot 5-1 as described by the plat of Lots 5-1 through 6-6, D.A. Smith Subdivision recorded in volume 4586. Par 78 of the Official Public Records of Brazos County, Texas, from where City of College Slation "fitrol monument no, 122 bears N 0' 30' VY W-2286.2 feet*: Thence across Avenue A and along the northwest right -of --way boundary of Lincoln Avenue as follows: N 34' 17' 36' E — 30.53 feet', N 41" 30' 133" E — 67 39 feet', and N 41 ` 57' 36" E — 19.37 feet' to the beginning of a non tangent curve to the left with a radius of 2a.01) feel`, Thence along said cu rve to the left through a central angle of 50° 20' 09', the chord of which hears N 5' 52' 35' E — 23.81 feet'. to its end in the southwest ►fight -of -way boundary of Nimrtz Street, Thence along the said southwest boundary of Nimitz Street as follows: N 37° 08' 15" W — 28.63 feel*, N 44' 59' 46' W — 60.41 feet'. N 471 04'31" — 89.79 feW. N 48° 09' 51" W — 50,07 feet' (prescriptive right-of-way boundary). N 4V 32' 30" W — 49.69 feel', N 43' 1B' 24- W — 50.46 feet*, N 48' 23' 31" W — 50.11 feet', N 48' 47' 55' W— 50 00 feel', N 49' 13' 45' W — 53.14 feat`. N 49' 40' 03" W — 53.00 feet', N 4S' 15' 46' W— 43.83 feet`, and N 5 1' 55' W ih1 — 50.20 feat` to the nollhwast line of said Lot 6 and a soulhwe5l boundary of the College Yew subdivision, at the north comer of Lot 6-1 of the D.A. Smith Subdivision as described by the plar recorded in volume 9912. page 22 of the Official Public Records of Brazos County, Texas; Thence S 41 " 25' 54" W— 339.46 feet' along the northwest lines of said Lot 6 and Lot 5, and the southwest boundary of the College View subdivision, to a point in the middle of Eisenhower Street, Thence S 50' 18' 00" E — 345,54 feet*, generally along the middle of pdvemerlt of Eisenhower Street, to a polnt ter corner of this described tract on a southwestward extension of the northwest line of Lot 5-5 of the said plat of Lots 5-1 through 6-6; Thence N 41' 02' 08- E — 100.74 feel', passing the west corner of said Lot 5-5 at 30.3 feet', fo the Common Qgrner of Lot 5-5 and Lot 5-B in the southwesl rtght-of-way boundary of Avenue A. Thence S 41�° 27' 52" E — 341.55 feel`, along the said southwest boundary of Avenue A. to the Point of Beginning and containing 3.66 acres of land mare or lass. Rezoning Area'00' iAv anue A a vim ity1 Pa9p 1 d 2 +70x GoutF.WP�Irkl ap, Gate 144 (;4A a Gt,11W. reeae 77340 1 9796M2777 1 rXWrY F-10r.4' 203 I Heee4r'a5uveparsMi. Ordinance Form 08-27-19 Page 381 of 525 ORDINANCE NO. Page 4 of 7 BASELINE D=M Bearings and'distancea are Texas State Plane, Central Zone NAD83 datum, determined by GPS and checked between City of College Station wrmtrol mojmumernts no. 12a and no. 122 (N 17' W, 41' W). Approximate surface distnnoes cnn be oomWed by mulliplylrrg these provided grid distances by an average combined scab factor of 1.000100. Thig do4.ument voea prepared under 22 Texas Administrative Code §136.95, does not reflect the results of an on the ground survey, and is riot to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or rvcgnfguratim of thv bsvndriry �f the p,21dis511 4ubdivitloo for which it was prepared. See survey exhibit plat doled May 2024. HEaon�nA ArW 00'iA"nU@A6 oi:iniW Pagr2 oF2 1701 Sd.tRne�l Pr k.vsy, SuL ib�, Culege SlsGon, Te4as 7T8�6 976693.2777 I h5w F-10OW2W Iaeeelrre5uweyda net Ordinance Form 08-27-19 Page 382 of 525 ORDINANCE NO. Page 5 of 7 13A ELINE A& Str.:t — B4"llno 16GCM I TwGury =4 DDaQ2W �q 7C1 SW F�kwy, Sm IK Colk,;p alalkn, rX 77M1 974,E .2777 6uaillna6unu�vrglW 4 1 I 5 y II I - � I o I I I � 1 01N a# Peterson 9A,Wije o5i. 17t4? 7 f# mre 9.24a eon 3� tnl P9 1# pgL. 225 � 1_55 1W la I gaLot 6 1 .1 7AA7 E °,194I DA SmRh �--1 SubdiMsivn Lot 6 Im�m •rol. 49 P.O. b,A. SmIth ■ I I pg. 106 0.129 acre ' Subdi riaion ' Val. 251 will. t9 IXi�r P4' pg_ 145 7a II rill. 7571 I _ Ro ti�n P4. 127 ". $30 Arco I 1 i+{LJICI FF I �wl D pg. 155 I^ 4 3.651 acres DJM�. a -a rill. 102+0 pp 12Q r 1S i1WnUe ' HENRY P MAY0 �ya� H 41D2.6E� E 5 a• � ., L..•.....,.,w...,,4.., 1g0.7 ' (1$A.75•] Walticreo 11,004 Imr�•��.�� `� 3� — d9 asch*tt * w rbI. 0 0a 4-:. MayI i 5 4 PgL 144 5' I o 'so 10o 2W Pt t� A4. 7 I G 3qarlprla and dlatanoee are Term State lac^, rentrd Lane r18L'93 datum, Lj 'le_nr'1r1ed by GPS and checked betwem : rr r'�:Iln'7A Station corftrol morJrrer# $_2 G nr. nrrl r-_ '" (h 17'02 41' W). C App1c•1m:re _jrface dinmi-ces are it - I I:-iAaA an an 0 r4r} o foetcr of 1.a931Co. '• ' Ir rte rne-.e� arid Ixvul'de p•,�,�, preparod w11, thin pkrt. 1 QTy CS aPs w.nnlrnh 1.=. 122 Cara N Li V I G• W-22262' , (,Mt111.4 r_rrara detWCO) VOM 1h* Nrt of Ngirnr4 (n.O,G] This docul-lam. was pmpor&d -jndrr 22 Texaa .4dmlrlatwtive Cod 1SE.9b, do-ee not re'lea tha resulm. on an the graurd survey. and is nok bo be ue*d to -or"y ar *a,aNiah IrOreata In rmI property r ept those rlt■ and irrkerceke implied or a rhblie ad by the trod iar ar tecuhfi4dtdti::h of lim h^_undary of tha political 3uI'd lalslon far which it was prepared. I I I r4 III 7 # 1 Il Tr a at 1 I. 32212 �7 ' Line Oimengian Tahle 1 ra. JL,urw 2 1-14 IL2 b41' E GT :1i1' I U *1 41'S7 E A.77' 1N I I U N 371A d-0 I L13 I LS n i#'S0'16• w bi#,' Z2/ I u ry �c1wn•' w 5sg� r �N/10 , !jR.0'-4k' w�7rr 7 Japs gqyy r2 j IC� .43Sw iLI2 N I LI 4 M 19' W I L1 * N #6'�' 1t1 piyyry�7, SDI L.. ILI5 N 37'S5'5r Yr 962k �p 2'� �11 v1" e_y LiQpg.75 x x .4 13F 1 0AiA r 1 9�0�7 pp.'278 e7a Hartz {:.a]75 M. cal. '9517 pa. 20 Felicia Clarer Tract mu. P6]s pg. xno IIF �1a Lfi I I up a. I 99 spa L5 F7 7 L4 1 Li L2 L3-5{F'20• 'i1B Ft28.Oa'21i{76 — Llncdn O;mnue _P S3235E-23,�1 2S,E1 } Proposed Rezoning Area 'r00 rr Portions of Lots 5 & 6 D.A. Smith Subdivision College Station, Texas Ordinance Form 08-27-19 Page 383 of 525 ORDINANCE NO. Page 6 of 7 Exhibit B That the Follow Conditions must be satisfied before the rezoning becomes effective: Construction of an approved access drive or turnaround, that meets Fire Department standards, be provided within 100 feet of the terminus of Avenue A. This can also be achieved by the extension of Avenue A to Eisenhower Street, Nimitz Street, or Ash Street. Ordinance Form 08-27-19 Page 384 of 525 ORDINANCE NO. Page 7 of 7 Exhibit C Ordinance Form 08-27-19 Page 385 of 525 4 IL -S City of College Station R NN; �P5 ��/l►�ft '�W ITHIt NA Ajk s !1 �L0 �P. SMNTH D.A. FINAL 1 '. SMITH D.A. SMITH r FINAL 3 D.A,.FINAL 2 0 115 230 NORTH Feet 00 - AVENUE A Case: REZ2023-000051 REZONING ZONING DISTRICTS (In Grayscale) Residential MH R Rural MF WE Wellborn Estate MU E Estate MHP WRS Wellborn Restricted Suburban IRS Restricted Suburban GS General Suburban D Duplex T Townhome Middle Housing Multi -Family Mixed -Use Manufactured Home Pk 0 240 480 NORTH Feet Non -Residential NAP Natural Area Protected O Office SC Suburban Commercial WC Wellborn Commercial GC General Commercial Cl Commercial Industrial BP Business Park BPI Business Park Industrial C—U College and University Planned Districts P-MUD Planned Mixed -Use Dist PDD Planned Develop. Dist. Design Districts WPC Wolf Pen Creek Dev. Car. NG-1 Core Northgate NG-2 Transitional Northgate NG-3 Residential Northgate 00 - AVENUE A Overlay Districts Ov Corridor Ovr. RDD Redevelopment District HOO High Occupancy Ovr. ROO Restricted Occupancy Ovr NPO Nbrhd. Prevailing Ovr. NCO Nbrhd. Conservation Ovr. HP Historic Preservation Ovr. Case: REZ2023-000051 Retired Districts R-1 B Single Family Residential R-4 Multi -Family R-6 High Density Multi -Family C-3 Light Commercial RD Research and Dev. M-1 Light Industrial M-2 Heavy Industrial REZONING NOTIFICATIONS Advertised Commission Hearing Date Advertised Council Hearing Date: BACKGROUND INFORMATION August 1, 2024 August 22, 2024 The following neighborhood organizations that are registered with the City of College Station's Neighborhood Services have received a courtesy letter of notification of this public hearing: College Hills HOA Property owner notices mailed Contacts in support: Contacts in opposition: Inquiry contacts: ADJACENT LAND USES Direction North East South West DEVELOPMENT HISTORY Annexed: Zoning: Final Plat: Site Development: 54 None at the time of this report None at the time of this report None at the time of this report Comprehensive Plan Mixed Residential Neighborhood Conservation Neighborhood Conservation Urban Center Zoning General Suburban General Suburban GS General Suburban GC General Commercial Land Use Detached single family Detached single family Detached single family Shopping center April 1951 A-O Agricultural Open (1951 upon annexation) R-3 Apartment Building (year undetermined) R-1 Single Family Residential (1976) R-1 Single Family Residential renamed to GS General Suburban (2013) D.A. Smith Subdivision Single-family Houses Page 389 of 525 Urban C•enteCA Redevelopment Areas EXISTING Future Land Use $1 Redevelopment Areas Mixed Residential 5� General Suburban Fish by o� F� sT uenerai Suburban �S T 9�F F� General Suburban General Suburban 0 o Middle Housing High Occupancy- >d Overlay occ �cb Al T uenerai Suburban General Suburban August 22, 2024 Item No. 8.7. Area O City Initiated Rezoning to MH — Middle Housing with a HOO — High Occupancy Overlay Sponsor: Jesse Dimeolo, Jeff Howell Reviewed By CBC: Planning & Zoning Commission Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, Article 4 "Zoning Districts," Section 4.2 "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GS General Suburban to MH Middle Housing and HOO High Occupancy Overlay for approximately 28 acres being all of that certain tract or parcel of land lying and being situated in the Morgan Rector league, abstract no. 46, in College Station, Brazos County, Texas, including portions of the Richards Subdivision as described by plat recorded in volume 137, page 25 of the Deed Records of Brazos County, Texas, and subsequent replats of portions of it, and generally being the majority of the properties which front on Richards Street, Crest Street and Sterling Street. Relationship to Strategic Goals: • Good Governance • Neighborhood Integrity • Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their August 1st, 2024 meeting and voted unanimously to recommend support. City staff also recommends approval. Summary: As part of the second phase of the City -initiated rezonings to middle housing, this area was identified as appropriate for MH Middle Housing and HOO High Occupancy Overlay but needed to be surveyed prior to moving forward. This is due to the area not being subdivided and/or the need to be resurveyed. This area was also previously considered and determined to be appropriate for rezoning to MH Middle Housing by a working group of neighborhood and development community representatives, the Planning and Zoning Commission, and the City Council. Public engagement sessions were held earlier this year in February and March to receive additional feedback prior to moving forward with the survey work necessary. After receiving the completed survey and considering the rezoning criteria, City staff has determined that this area is appropriate for rezoning to MH Middle Housing and HOO High Occupancy Overlay and are recommending approval. The HOO High Occupancy Overlay would allow the shared housing use as long as the property met the requirements for that use. REZONING REVIEW CRITERIA FOR AREA O 1. Whether the proposal is consistent with the Comprehensive Plan: The subject properties are designated on the Comprehensive Plan Future Land Use & Character Map as Mixed Residential. For the Mixed Residential land use, the Comprehensive Plan provides the following: Areas appropriate for a mix of moderate density residential development including, townhomes, duplexes, small multifamily buildings (3-12 unit), and limited small -lot single family. These areas are Page 392 of 525 appropriate for residential infill and redevelopment that allows original character to evolve. These areas may serve as buffers between more intense multi -family residential or mixed -use development and suburban residential or neighborhood conservation areas. The intent of the Mixed Residential land use is to accommodate a walkable pattern of small lots, small blocks, and well-connected street pattern that supports surrounding neighborhoods. Developments in this district should prioritize a mix of housing types and scales located near community facilities or adjacent to commercial or neighborhood centers. The MH Middle Housing zoning district is aligned with that vision. The zoning districts that are generally appropriate within Mixed Residential include: middle housing, duplex, townhouse, and limited -scale single-family zoning. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The subject property is bordered by commercial and multifamily zoned properties to the southeast, mixed -use development to the north at the intersection of Dartmouth and Holleman, commercial areas to the west and a new development of townhomes where George Bush Drive terminates into Holleman. Development pressure continues to grow as new generations of students, young professionals, families, and seniors move to College Station; allowing and encouraging redevelopment opportunities helps alleviate some of the pressure in the market. The MH Middle Housing zoning district enables redevelopment of these lots at an appropriate scale, permitting the increase in residential density on these sites. The residential uses permitted in the MH Middle Housing zoning district are appropriate for this area, as it allows for additional residential density to meet market demand, while still fitting into the context of the surrounding areas. Additionally, the HOO High Occupancy Overlay, which allows shared housing uses, was determined to be appropriate for the subject properties due to the proximity to Texas A&M University and a Texas A&M Transportation Services bus route and the development pattern of the properties within the area. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The size and location of the subject properties are suitable for single-family, townhouse, duplex, and multiplex uses, although some uses would require replatting of the lots to fit the dimensional standards of the MH Middle Housing zoning district. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The existing water and wastewater infrastructure is adequate to support the needs of the proposed zoning districts. Drainage and any other infrastructure required with the site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. Additionally, through staff reviews of the street network in the area, it was determined that the on -street parking areas needed to be revised to allow for better emergency and sanitation vehicle access. At the July 11th, 2024 City Council meeting, on -street parking was removed from the northwest side of Richards Street from Texas Avenue to Crest Street and a prior parking prohibition on the southeast side was repealed. Page 393 of 525 5. The marketability of the property: The uses allowed by MH Middle Housing and the HOO High Occupancy Overlay provide for an increase in density that is marketable given the location of the property. Budget & Financial Summary: N/A Attachments: 1. Richards Subdivision HOO Ordinance 2. Aerial and Small Area Maps 3. Background Information 4. Future Land Use Map 5. Rezoning Map Page 394 of 525 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 4 "ZONING DISTRICTS," SECTION 4.2, "OFFICIAL ZONING MAP" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING APPROXIMATELY 28 ACRES BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, INCLUDING PORTIONS OF THE RICHARDS SUBDIVISION AS DESCRIBED BY PLAT RECORDED IN VOLUME 137, PAGE 25 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND SUBSEQUENT REPLATS OF PORTIONS OF IT, AND GENERALLY BEING THE MAJORITY OF THE PROPERTIES WHICH FRONT ON RICHARDS STREET, CREST STREET AND STERLING STREET AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts," Section 4.2 "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" and Exhibit `B" attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 08-27-19 Page 395 of 525 ORDINANCE NO. Page 2 of 7 PASSED, ADOPTED, and APPROVED this day of , 20. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Ordinance Form 08-27-19 Page 396 of 525 ORDINANCE NO. Page 3 of 7 Exhibit A That Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from GS General Suburban to MH Middle Housing with a HOO High Occupancy Overlay zoning: Ordinance Form 08-27-19 Page 397 of 525 ORDINANCE NO. Page 4 of 7 City -Initiated Rezoning Proposed Area "O" (Richards St. & Sterling St. area) Richards Subdivision College Station, Texas May 2024 BASELINE All of that certain tract or parcel of land lying and being situated in the Morgan Rector league, abstract no. 46, in College Station, Brazos County, Texas, including portions of the Richards Subdivision as described by plat recorded in volume 137, page 25 of the Deed Records of Brazos County, Texas, and subsequent replats of portions of it, and generally being the majority of the properties which front on Richards Street, Crest Street and Sterling Street, and being more particularly described as follows -- Beginning at the most southerly corner of this described zoning boundary at intersection of the southeast boundary of the said Richards Subdivision (vol. 137, pg. 25) and the current northeast right-of-way boundary of Texas Avenue (Business Highway 6), being the south corner of Lot 22A Marin Acres, as described by plat recorded in volume 11036, page 27 of the Official Public Records of Brazos County, Texas, from where City of College Station control monument no. 120 bears S 30' 01' 36" W— 3568.9 feet*; Thence along the said northeast right-of-way boundary of Texas Avenue, and crossing Sterling Street and Richards Street, as follows: N 49' 30' 38" W — 88.90 feet*, N 51 ° 58' 58" W— 57.03 feet*, N 49' 30' 38" W — 182.33 feet*, N 47' 33' 49" W— 72.39 feet*, and N 49' 30' 38" W— 92.58 feet to the most westerly corner of this described zoning boundary; Thence N 41° 31' 53" E — 1865.30 feet*, along the northwest boundary of the said Richards Subdivision (vol. 137, pg. 25), to its intersection with the southwest boundary of Holleman Place Subdivision as described by replat recorded in volume 19006, page 228 of the Official Public Records of Brazos County, Texas; Thence S 49' 11' 54" E — 4.18 feet* to the common corner of Lot 1 R-1 R and Lot 1 R-2R of said Holleman Place Subdivision, Thence N 41' 29' 41" E — 155.50 feet* through said Holleman Place Subdivision along the southeast line of said Lot 1 R-1 R to its common corner with Lot 1 R-4R; Thence S 49' 25' 42" E — 124.50 feet*, along the common line of Lot 1R-4R and Lot 213 of Holleman Place Subdivision, passing at 99 99 feet the common corner of said Lots, to a point in the middle of Richards Street; Thence N 41' 30' 00" E — 719.74 feet*, along the middle of Richards Street to the most northerly corner of this described zoning boundary; Thence S 48' 15' 19" E — 382 17 feet*, along the northwest boundary of Block Three of the Richards Subdivision as described by replat recorded in volume 481, page 67 of the Deed Records of Brazos County, Texas, to the east corner of Lot 6 of said Block Three, also being the most easterly corner of this described zoning boundary, Rezoning Area "O" (Richards St & Sterling St area) Page 1 of 2 1701 Southwest Parkway, Suite 104, College Station, Texas 77M 1 979 693 2777 1 TxSury F-10030200 I Base€ineSurveyors net Ordinance Form 08-27-19 Page 398 of 525 ORDINANCE NO. Page 5 of 7 BASELINE I Thence S 41 ° 57' 29" W — 244.39 feet* and S 42' 14' 23" W — 335.48 feet*, along the southeast boundary of the said Richards Subdivision (vol. 137, pg. 25), to the east corner of the Parulian Subdivision as described by plat recorded in volume 12824, page 30 of the Official Public Records of Brazos County, Texas; Thence N 48' 01' 38" W — 122.70 feet* along the northeast line of the said Parulian Subdivision and continuing to the point in the middle of Sterling Street, Thence S 41 ° 45' 00" W — 410 17 feet* along the middle of Sterling Street to a point for corner; Thence S 48' 07' 21" E — 120.09 feet*, mostly along the southwest line of the said Parulian Subdivision to its south corner, Thence S 41` 45' 57" W — 1742 52 feet*, along the said southwest boundary of the Richards Subdivision (vol. 137, pg. 25) and several subdivisions within it, to the Point of Beginning and containing 28-15 acres of land more or less. Bearings and *distances are Texas State Plane, Central Zone NAD83 datum, determined by GPS and checked between City of College Station control monuments no. 120 and no. 122 (N 17' 03' 41" W). Approximate surface distances can be computed by multiplying these provided grid distances by an average combined scale factor of 1.000100. , 7 - n n This document was prepared under 22 Texas Administrative Code §138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared See survey exhibit plat dated May 2024. Rezoning Area "O" (Richards St, & Sterling St area) Page 2 of 2 1701 Southwest Parkway, Surte 104, College Station, Texas 77840 1 979 693 2777 I TxSury F-10030200 I BaselmeSurveyors net Ordinance Form 08-27-19 Page 399 of 525 ORDINANCE NO. Page 6 of 7 1 May 2024 ' vPonv /} a e tlXEXRY P MK/O P°v�° .'e c�tlGo r do .e2 "d " i �o*Q ` � a...no,�°� .nn u�, vie, m,.°mi��ri .°°�w� haia 'E-isw so•(lass ne) — a� III it Ll 3 - - -I : • ,rl�n. - 3 Area "0" acres e 28.15 �.� o P4 —1 �I � ar w - Izaz sz (,zaz 91 s n1 as aae I unesen w c �`� CI'b kFb avd�t a.P.,n.z Ivnal avdk/p� 'ar Page 1 of 2 - Proposed Rezoning Area "0" Portions of the Richards Subdivision and Replats College Station, Texas AA-y 202/ III II III _ ' - ZesSNc, �"e°1t_ N 41 3 - 196511 I AO 11 L] —f —' ITS— c� ' +ae n.r<1,1ys,�d,� 11— Arlea �i 1s. vg i5� 28.15 acres ��— V 592 1 1V-33.5'i33.-5i) Sv5]]9',Y-2i l e-. ?; ins a, - - - Page 2 W 2 - ° Proposed Rezoning Area t- - - " x Portions of the Richards alb Subdivision and Replats — � — — College Station Texas Ordinance Form 08-27-19 Page 400 of 525 ORDINANCE NO. Page 7 of 7 Exhibit B Ordinance Form 08-27-19 Page 401 of 525 v "fir City of College Station EN c Awp I R �A A OUR 9 Fo OT �z sy J O THE BOA D -K/ j EY - WOLF PEN SQUAaE PLAZA R �•, w Rib cN .. � .. a-: •�.� .. KAibQHIN l "OG •• �#�/ y� ` • � > � -. � • ,f'r t ate' c��` � `, � •• • A �"f F,e. Y B ' N. JN ^. I 4 .M �y STOCK, i 0 405 810 0 - RICHARDS ST. & STERLING ST. AREA Case: REZONING NORTH Feet REZ2023-000044 ZONING DISTRICTS (In Grayscale) Residential MH R Rural MF WE Wellborn Estate MU E Estate MHP WRS Wellborn Restricted Suburban IRS Restricted Suburban GS General Suburban D Duplex T Townhome Middle Housing Multi -Family Mixed -Use Manufactured Home Pk. Non -Residential NAP Natural Area Protected O Office SC Suburban Commercial WC Wellborn Commercial GC General Commercial Cl Commercial Industrial BP Business Park BPI Business Park Industrial C—U College and University Planned Districts P-MUD Planned Mixed -Use Dist. PDD Planned Develop. Dist. Desiqn Districts WPC Wolf Pen Creek Dev. Cor NG-1 Core Northgate NG-2 Transitional Northgate NG-3 Residential Northgate Overlay Districts OV Corridor Ovr. RDD Redevelopment District HOO High Occupancy Ovr. ROO Restricted Occupancy Ovr NPO Nbrhd. Prevailing Ovr. NCO Nbrhd. Conservation Ovr. HP Historic Preservation Ovr. Retired Districts R-1 B Single Family Residential R-4 Multi -Family R-6 High Density Multi -Family C-3 Light Commercial RD Research and Dev. M-1 Light Industrial M-2 Heavy Industrial 0 480 960 O - RICHARDS ST. & STERLING ST. AREA Case: REZONING NORTH Feet REZ2023-000044 BACKGROUND INFORMATION — REZ2023-000044 NOTIFICATIONS Advertised Commission Hearing Date: August 1, 2024 Advertised Council Hearing Date: August 22, 2024 The following neighborhood organizations that are registered with the City of College Station's Neighborhood Services have received a courtesy letter of notification of this public hearing: Property owner notices mailed Contacts in support: Contacts in opposition: Inquiry contacts: ADJACENT LAND USES Direction Comprehensive Plan North Neighborhood Center and Institutional/Public South General Commercial East Mixed Residential West General Commercial DEVELOPMENT HISTORY Annexed: Zoning: Final Plat: Site Development None 233 Two at the time of this report None at the time of this report One at the time of this report Zoning WPC Wolf Pen Creek GC General Commercial R-4 Multi -Family PDD Planned Development District and GC General Commercial Land Use Multi -Family Apartments Self -Storage Multi -Family Apartments Horizontal mixing of commercial spaces and detached townhomes 1969 and 1971 GS General Suburban (1969 upon annexation) Unplatted areas and portions of Richards Subdivision Volume 137, Page 25 (1979) Single family homes and undeveloped property Page 404 of 525 41 C? Multi - General .Suburban Planned District 6-:, u - Multi -Family O v Family Duplex d I usina. Multi- Famill"' ulti-Family rld,-=,�5 INNER IRW Duplex.- Overlay Middlie." Milk � -s'ing,, is N,� August 22, 2024 Item No. 8.8. Midtown Phase 106 Public Utilty Easement Abandonment Sponsor: Anthony Armstrong, Director of Planning and Development Reviewed By CBC: City Council Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 0.034 acre portion of Public Utility Easement located in Lot 1 R- 4, Block 7 of the Midtown Reserve subdivision Phase 106, according to the plat recorded in Volume 19243, Page 165, of the Official Public Records of Brazos County, Texas. Relationship to Strategic Goals: • Core Services and Infrastructure • Diverse Growing Economy Recommendation(s): Staff recommends approval of the abandonment Summary: The public utility easement abandonment is being requested by the applicant because of a desired development in this area. This originally platted easement is no longer needed in this location because the lot configuration is changing. There are no existing utilities here, and all utilities providers have approved this request. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Ordinance Exhibit A 3. Vicinity Map 4. Location Map 5. Application Page 407 of 525 1j:1 ►:►d LN" AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.034 ACRE PORTION OF PUBLIC UTILITY EASEMENT LOCATED IN LOT 1R-4, BLOCK 7 OF THE MIDTOWN RESERVE SUBDIVISION PHASE 106, ACCORDING TO THE REPLAT RECORDED IN VOLUME 19243, PAGE 165 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.034 acre portion of a Public Utility Easement located in Lot 1R-4, Block 7 of the Midtown Reserve subdivision Phase 106, according to the replat recorded in Volume 19243, Page 165 of the Official Records of Brazos County, Texas, as described in Exhibit "A", attached hereto (such portion hereinafter referred to as the "Public Utility Easement"); and WHEREAS, in order for the Public Utility Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Public Utility Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Public Utility Easement will not result in property that does not have access to public roadways or utilities. 2. There is no public need or use for the Public Utility Easement. 3. There is no anticipated future public need or use for the Public Utility Easement. 4. Abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Public Utility Easement as described in Exhibit "A" be abandoned and vacated by the City. PASSED, ADOPTED and APPROVED this day of , 20_. ATTEST: City Secretary APPROVED: City Attorney Mayor APPROVED: Ordinance Form 8-14-17 Page 408 of 525 /` 1 GENERAL NOTES Exhibit A LEGEND: LOT BEARING SYSTEM SHOWN HEREIN IS NA083 (TEXAS STATE PLANE CENTRAL T = DEED RECORDS OF BRAZOS 7 BLOCKK 7 ZONE GRID NORTH) BASED ON THE PUBL15HED COORDINATES OF THE CITY OF COUNTY, COUNTY, TEXAS (19243/165 OPRBCT) COLLEGE STATION CONTROL MONUMENT C594-130 (N:10200590.80, E:3569863.02) AND AS ESTABLISHED BY GPS OBSERVATION. DISTANCES _ ORBCT = OFFICIAL RECORDS OF SHOWN HEREIN ARE SURFACE DISTANCES. TO DETERMINE GRID DISTANCES BRAZOS COUNTY, TEXAS MULTIPLY BY A COMBINED SCALE FACTOR OF 0.999898305 (CALCULATED USING GE010120). OPRBCT = OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH LOT 1R-2 PROPERTY BOUNDARIES. 123/456 = VOLUME AND PAGE FROM BLOCK 7 PUBLIC COUNTY RECORDS (19243/165 OPRBCT) THIS SURVEY PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. EASEMENTS AND OTHER MATTERS MAY APPLY. N/F = NOW OR FORMERLY THIS SURVEY REFLECTS THE PORTION OF EASEMENT ONLY. ADDITIONAL -()= RECORD INFORMATION IMPROVEMENTS MAY EXIST AND WERE NOT LOCATED AT THE TIME OF THIS SURVEY. PUE = PUBLIC UTILITY EASEMENT LOT 1 R-3 THIS EXHIBIT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES ROW = RIGHT OF WAY BLOCK 7 DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE (19243/165 OPRBCT) INTENDED TO BE ONE INSTRUMENT TOGETHER. M�DTOWNRESr E 5UED1141510NPHASE106 to pUE (19243/165 OPRBCT) (17906/123) i PORTION OF 15' WIDE PUE 0.034 ACRE I (1,488 SQ. FT.) i I LOT IR-4 cilyorcol I I BLOCK 7 (19243/165 OPRBCT) I GP / I I (19243/165 OPRBCT) aMONU,yjFN FSrATION I `_'') 82°13'52" E 97:.�..— CARSN� ° TCS94-73 N�,�'..� 64566p 57°W N ( M �1����� `^ `n o 1J'2 INCH IRON ROD I o I 511 W 1 FOUND (CM) WITH BLUE PLASTIC CAP STAMPED I "KERR SURVEYING" I PARKLAND 2.182 ACRES \ (15518/139 OPRBCT) \\ OTOWNRES MERW \\ 50,0/11510NPHASE100 \\ (15518/139 OPRBCT) \ REVISED 7.18.2024 TO ADD "NO." AND \ UPDATE LOTS PER REPLAT \ I I I I PUE 10' PUE I — V (17906/123) (15518/139) I I I I I 582°132__-- 5' PUE N 82°13,52" E _ (179061123) 10.00, POINT OF BEGINNING LOT \ S 82°13'52" W BLOCK 7 \ 10.25' (17906/123 OPRBCT) \\ M129MWNRESERVE \ 59BDIV1510NPHA5E106 \\ (17906/123 OPRBCT) \ LOT 2 \ BLOCK 7 (17906/123 OPRBCT) SURVEY EXHIBIT OF A PORTION OF A 15' WIDE PUBLIC UTILITY EASEMENT 0.034 ACRE (1,488 SQ. FT.) OVER, ACROSS, AND UPON LOT 1R-4, BLOCK 7 MIDTOWN RESERVE SUBDIVISION PHASE 106 VOLUME 19243, PAGE 165 OPRBCT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT NO.9 COLLEGE STATION, BRAZOS COUNTY, TEXAS >" SCALE:1 INCH = 30 FEET " SURVEY DATE: 05-09-2024 1 PLAT DATE: 05-29-2024 JOB NUMBER: 24-6011 CAD NAME: 24-601-S Esmt INS POINT FILE: BIRDEST-GRID (cant); 24-003 (job) DRAWN BY: TJF CHECKED BY: MK PREPARED BY: KERR SURVEYING,LLC "When one person stands TBPELS FIRM#10018500 1718 BRIARCREST DRIVE, BRYAN, TEXAS 77802 to gain over another, the PHONE: (979) 268-3195 facts must be uncovered" SURVEYS@KERRSURVEYING.NETIKERRLANDSURVEYING.COM of (l MICHAEL KONETSKI REGISTERED PROFESSIONAL LAND SURVEYOR NO.6531 1 1 1 1 SCALE:1" = 30' RADIUS=337.50' ARC DIST=15.00' DELTA=292'50" TANGENT=7.50' CHORD=S 06°29'43" E 15.00' 1121NCH IRON ROD FOUND (CM) WITH BLUE PLASTIC CAP STAMPED "KERR SURVEYING" 10' PUE (179061123) MICHAEL KONETSKI ............................ 531 O� 1gjs4 ��9z4ge +,1, 1 Of Page 4U9 of 525 4ka Exhibit A �� � R R FIELD NOTES DESCRIPTION `SURVEYING oFA ✓ PORTION OF A IS'WIDE PUBLIC UTILITY EASEMENT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT NO.9 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF A 0.034 ACRE PORTION OF 15' WIDE PUBLIC UTILITY EASEMENT IN THE THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT NO.9, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF A 15' WIDE PUBLIC UTILITY EASEMENT OVER, ACROSS, AND UPON LOT 1R-4, BLOCK 7, DEPICTED ON THE PLAT OF MIDTOWN RESERVE SUBDIVISION PHASE 106 FILED IN VOLUME 19243, PAGE 165 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the north line of Lot 1, Block 7 of said Phase 106 and on the south line of said Lot 113-4, Block 7 from which a 1/2 inch iron rod found marking the west common corner of said Lot 1 and Lot 111-4 bears 5 82' 13' S2" W a distance of 10.25 feet; also from said Point of Beginning the City of College Station GPS monument CS94-130 bears N 73' 25' 51" W a distance of 6,456.60 feet; THENCE, over, across, and upon said Lot 1R-4, Block 7 for the following three (3) courses and distances: 1) N 040 58' 37" E a distance of 15.38 feet to a point in said lot being an interior corner of said public utility easement; 2) N 82' 13' 52" E with a north line of said public utility easement, 97.74 feet to an interior corner of said public utility easement; 3) With a non -tangent curve to the left, having a radius of 337.50 feet, an arc length of 15.00 feet, a delta angle of 020 32' 50", and a chord which bears S 060 29' 43" E a distance of 15.00 feet to a point on said common line from which a 1/2 inch iron rod found on the west right-of-way of Lady Bird Lane (55 foot right-of-way, 17906/123 OPRBCT) marking the east common corner of said Lot 1 and 1R-4 bears N 820 13'52" E a distance of 10.00 feet; 21Pa9a 24-601R MBs Esmt.docx (file name) 4.1 ...... .'rg THENCE, with said common line, 5 82013' 52" W a distance of 100.80 feet to the POINT OF BEGINNING hereof and containing 0.034 acre (1,488 sq. ft.), more or less. Surveyed on the ground May 2024 under my supervision. See exhibit prepared May 2024 revised July 2024 for other information. The bearing basis for this survey is NA083 (Texas State Plane Central Zone Grid North) based on the published coordinates of the City of College Station control monument CS94-130 (N:10200590.80, E:3569863.02) and as established by GPS observation. Distances shown herein are surface distances. To determine grid distances multiply by a combined scale factor of 0.999898305 (calculated using Geoid12B). Reference drawing: 24-601-S Esmt.dwg. 14�- " * -r,.-fri MICHAEL KONETSKI 4_ ...6531..... ' i p .���� i�.►►7/18/24 Michael Konetski Registered Professional Land Surveyor No. 6531 Revised 718-2024 to add missing corner reference bearing and distance. KERR SURVEYING Kerr Surveying, LLC 11718 Briarcrest Dr. Bryan, TX 77802 Office: (979) 268-31951 Web: www.kerriandsurveuina.com Surveus5kerrsurveuina.net I TBPELS Firm No.10018SOO 24-G01R MBs Esmt.docx (file name) •w I V ICINI�'� �IpP W Y 4 i Z 0 DOUBLE MOUNTAIN ROAD s 981 LADY BIRD LN MCMUEENY DRIVE p.Q1 Q03Nldes �Q 0.01 �pses otlucl'isior iohmn�eGvp Ms oCo�eueS tonraeadmma�be�fcp 1, orsoveyingp°rP05Ds 1ldoesnotrepresenta���r` �u�bleforlegal;engmeerin� i 41'Z of b LOCATION MAP L 1 15' PUE TO BE ABANDONED 0.034ACRES FJNEF-- NORTH Lot 1 w Y L m Lot.3 0 20 40 80 Feet I I I I I I I I ot. product is r informational purposes r ared,for or be suitable for legal, enginee,ing, warranty is deb he City of Colle Iic curec�� or completeness 1 ' 1 t1 r i t l t E � r r r r r• 1 1 r 1 �N 1 Lot. s t e•gr d urvey and esenfs only the to relative location of property boundari s, 0 I-Jage 413 o FOR OFFICE USE ONLY CASE NO.: DATE SUBMITTED: TIME: STAFF: ABANDONMENT OF PUBLIC RIG HT-OF-WAYIEASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: © Abandonment of Public Right-of-Way/Easement Application Fee. (Refer to the Planning and Development Fee Schedule for all applicable fees) Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. © All exhibits processed (except for Exhibit No. 4, which will be processed by staff). F<1 Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate current within ninety (90) days. The report must include applicable information such as ownership, liens, encumbrances, etc. © For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the abandonment. © For platted property, a copy of the plat showing the lot, block, subdivision, and recording information. LOCATION OF RIGHT-OF-WAY/EASEMENT TO BE ABANDONED (include legal description): 981 Lady Bird Lane, College Station, TX - MIDTOWN RESERVE PH 105, BLOCK 7, LOT COMMON AREA 32 APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name College Station Downtown Residential, LLC Street Address 1140 Midtown Drive City College Station Phone Number (979) 690-7250 E-mail wsphillips3@gmail.com State TX Zip Code 77845 Fax Number PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name College Station Downtown Residential, LLC E-mail wsphillips3@gmail.com Street Address: 1140 Midtown Drive City College Station State TX Zip Code 77845 Phone Number (979) 690-7250 Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement of the owner. If there is more than one owner, all owners must sign the application or power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company representative to sign the application on its behalf. 1 .DO ,N.r /� -z 1/ 11 Signature and title Date 3/ 18 Pagel of 8 Page 414 of 525 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. The undersigned will hold the City of College Station harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such abandonment. 2. Attached, marked Exhibit No. 1, is a sealed metes and bounds description of the area sought to be abandoned, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/ easement sought to be abandoned and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right -of- way/easement is situated, together with the record owners of such lots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment. 5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff to the abandonment. 6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so state) Name Continental Homes of Texas LP Street Address 3515 SW H K Dodgen Loop City Temple State Texas Reason consent was not obtained: If objecting, points of objection: Name Street Address City State Reason consent was not obtained: If objecting, points of objection: Name Street Address City State Reason consent was not obtained: If objecting, points of objection: E-mail E-mail E-mail Zip Code 76502 Zip Code Zip Code 3/18 Page 2 of 8 Page 415 of 525 7. That the abandonment will not result in property that does not have access to public roadways or utilities because: I This property has easements along the adjacent roadway and the rear of the lot. 8. That there is no current public need or use for the easement or right-of-way because: I The easement wasn't needed in this location. 9. That there is no anticipated future public need or use for the easement or right-of-way because: I This easement won't be necessary with the replatting of the lot. 10. That all public utilities have access to serve current and future customers because: I Existing public utilities are in place to serve these adjacent lots and no future utilities are needed. 11. Such public right-of-wayleasement has been and is being used as follows: The existing easement is vacant. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. Signature and title STATE OF TEXAS § ACKNOWLEDGEMENT COUTY OF BRAZOS Subscr'b d rpd swot to or e, a Notary Public, this 1 1 i,& :Y. PAULA BLAKE My Notary ID # 2865126 Expires May 26, 2028 3118 7V7_,� Y Date day of Notary Public in and for T ~ the State of Texas 2a by Page 3 of 8 Page 416 of 525 Application for Abandonment of a Public Right-of-Way/Easement Location: EXHIBIT NO. 1 Attached is a sealed copy of the metes and bounds description of the public right-of-way/easement situated in Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. 3/18 Page 4 of 8 Page 417 of 525 4ka �� � R R FIELD NOTES DESCRIPTION `SURVEYING oFA ✓ PORTION OF A IS'WIDE PUBLIC UTILITY EASEMENT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT NO.9 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF A 0.034 ACRE PORTION OF 15' WIDE PUBLIC UTILITY EASEMENT IN THE THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT NO.9, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF A 15' WIDE PUBLIC UTILITY EASEMENT OVER, ACROSS, AND UPON LOT 1R-4, BLOCK 7, DEPICTED ON THE PLAT OF MIDTOWN RESERVE SUBDIVISION PHASE 106 FILED IN VOLUME 19243, PAGE 165 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the north line of Lot 1, Block 7 of said Phase 106 and on the south line of said Lot 113-4, Block 7 from which a 1/2 inch iron rod found marking the west common corner of said Lot 1 and Lot 111-4 bears 5 82' 13' S2" W a distance of 10.25 feet; also from said Point of Beginning the City of College Station GPS monument CS94-130 bears N 73' 25' 51" W a distance of 6,456.60 feet; THENCE, over, across, and upon said Lot 1R-4, Block 7 for the following three (3) courses and distances: 1) N 040 58' 37" E a distance of 15.38 feet to a point in said lot being an interior corner of said public utility easement; 2) N 82' 13' 52" E with a north line of said public utility easement, 97.74 feet to an interior corner of said public utility easement; 3) With a non -tangent curve to the left, having a radius of 337.50 feet, an arc length of 15.00 feet, a delta angle of 020 32' 50", and a chord which bears S 060 29' 43" E a distance of 15.00 feet to a point on said common line from which a 1/2 inch iron rod found on the west right-of-way of Lady Bird Lane (55 foot right-of-way, 17906/123 OPRBCT) marking the east common corner of said Lot 1 and 1R-4 bears N 820 13'52" E a distance of 10.00 feet; 21Pa9a 24-601R MBs Esmt.docx (file name) . �..1 _ . Mfg THENCE, with said common line, 5 82013' 52" W a distance of 100.80 feet to the POINT OF BEGINNING hereof and containing 0.034 acre (1,488 sq. ft.), more or less. Surveyed on the ground May 2024 under my supervision. See exhibit prepared May 2024 revised July 2024 for other information. The bearing basis for this survey is NA083 (Texas State Plane Central Zone Grid North) based on the published coordinates of the City of College Station control monument CS94-130 (N:10200590.80, E:3569863.02) and as established by GPS observation. Distances shown herein are surface distances. To determine grid distances multiply by a combined scale factor of 0.999898305 (calculated using Geoid12B). Reference drawing: 24-601-S Esmt.dwg. 14�- " * -r,.-fri MICHAEL KONETSKI 4_ ...6531..... ' i p .���� i�.►►7/18/24 Michael Konetski Registered Professional Land Surveyor No. 6531 Revised 718-2024 to add missing corner reference bearing and distance. KERR SURVEYING Kerr Surveying, LLC 11718 Briarcrest Dr. Bryan, TX 77802 Office: (979) 268-31951 Web: www.kerriandsurveuina.com Surveus5kerrsurveuina.net I TBPELS Firm No.10018SOO 24-G01R MBs Esmt.docx (file name) F��„ IIuJ„i5 Application for Abandonment of a Public Right-of-Way/Easement Location: EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above - mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. 3/18 Page 5 of 8 Page 420 of 525 /` 1 GENERAL NOTES LEGEND: BEARING SYSTEM SHOWN HEREIN IS NA083 (TEXAS STATE PLANE CENTRAL DRBCT = DEED RECORDS OF BRAZOS ZONE GRID NORTH) BASED ON THE PUBLI5HED COORDINATES OF THE CITY OF COUNTY, TEXAS COLLEGE STATION CONTROL MONUMENT CS94-130 (N:10200590.80, E:3569863.02) AND AS ESTABLISHED BY GPS OBSERVATION. DISTANCES ORBCT = OFFICIAL RECORDS OF SHOWN HEREIN ARE SURFACE DISTANCES. TO DETERMINE GRID DISTANCES BRAZOS COUNTY, TEXAS MULTIPLY BY A COMBINED SCALE FACTOR OF 0.999898305 (CALCULATED USING GE0I0I20). OPRBCT = OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. 123/456 = VOLUME AND PAGE FROM PUBLIC COUNTY RECORDS THIS SURVEY PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. EASEMENTS AND OTHER MATTERS MAY APPLY. N/F = NOW OR FORMERLY LOT 1 R-1 BLOCK 7 (19243/165 OPRBCT) LOT 1 R-2 BLOCK 7 (19243/165 OPRBCT) THIS SURVEY REFLECTS THE PORTION OF EASEMENT ONLY. ADDITIONAL -()= RECORD INFORMATION IMPROVEMENTS MAY EXIST AND WERE NOT LOCATED AT THE TIME OF THIS SURVEY. PUE = PUBLIC UTILITY EASEMENT LOT 1 R-3 THIS EXHIBIT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES ROW = RIGHT OF WAY BLOCK 7 DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE (19243/165 OPRBCT) INTENDED TO BE ONE INSTRUMENT TOGETHER. M�DTOWNRESr E SUBD1V1510NPHASE106 to pUE (19243/165 OPRBCT) (17906/123) i PORTION OF 15' WIDE PUE 0.034 ACRE I (1,488 SQ. FT.) i I LOT IR-4 cilyorcol I I BLOCK 7 (19243/165 OPRBCT) I GP / I I (19243/165 OPRBCT) 74' a M0104FN FSrATION I `_'') 82°13"52° E 97:. CARSN� ° TCS94-73 I 64566p 57°W N ( M �1����� `^ `n o 12 INCH IRON ROD I o W 1 FOUND (CM) WITH BLUE PLASTIC CAP STAMPED I "KERR SURVEYING" I PARKLAND 2.182 ACRES \ (15518/139 OPRBCT) \\ M1,07VMRESERW \\ 50,01V1510NPHASE100 \\ (15518/139 OPRBCT) \ REVISED 7.18.2024 TO ADD "NO." AND \ UPDATE LOTS PER REPLAT \ I I I I PUE 10' PUE I — V (17906/123) (15518/139) I I I I I 58Z°135Z__-- 5' PUE N 82°13,52" E _ _ (179061123) 10.00, POINT OF BEGINNING LOT \ S 82°13'52" W BLOCK 7 \ 10.25' (17906/123 OPRBCT) \\ M129MWNRESERVE \ 59BDIV1510NPHA5E106 \\ (17906/123 OPRBCT) \ LOT 2 \ BLOCK 7 (17906/123 OPRBCT) SURVEY EXHIBIT OF A PORTION OF A 15' WIDE PUBLIC UTILITY EASEMENT 0.034 ACRE (1,488 SQ. FT.) OVER, ACROSS, AND UPON LOT 1R-4, BLOCK 7 MIDTOWN RESERVE SUBDIVISION PHASE 106 VOLUME 19243, PAGE 165 OPRBCT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT NO.9 COLLEGE STATION, BRAZOS COUNTY, TEXAS >" SCALE:1 INCH = 30 FEET " SURVEY DATE: 05-09-2024 1 PLAT DATE: 05-29-2024 JOB NUMBER: 24-6011 CAD NAME: 24-601-S Esmt INS POINT FILE: BIRDEST-GRID (cant); 24-003 (job) DRAWN BY: TJF CHECKED BY: MK PREPARED BY: KERR SURVEYING,LLC "When one person stands TBPELS FIRM#10018500 1718 BRIARCREST DRIVE, BRYAN, TEXAS 77802 to gain over another, the PHONE: (979) 268-3195 facts must be uncovered" SURVEYS@KERRSURVEYING.NETIKERRLANDSURVEYING.COM of (l MICHAEL KONETSKI REGISTERED PROFESSIONAL LAND SURVEYOR NO.6531 1 1 1 1 SCALE:1" = 30' RADIUS=337.50' ARC DIST=15.00' DELTA=292'50" TANGENT=7.50' CHORD=S 06°29'43" E 15.00' 1121NCH IRON ROD FOUND (CM) WITH BLUE PLASTIC CAP STAMPED "KERR SURVEYING" 10' PUE (179061123) MICHAEL KONETSKI ............................ 531 s av�,O� js4 /B +,1, 1 Of Page 421 of 525 Application for Abandonment of a Public Right -of WaylEasement Location: 981 Lady Bird Larne EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-waylutility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERG By: Title: C�tg rvl err" 3 VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: 3118 Page 6of8 Page 422 of 525 Application for Abandonment of a Public Right-of-Way/Easement Location: 981 Lady Bird Lane EXHIBIT NO.3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: Fro,g+, >- r TELEPHONE COMPANY Title: (DE 10 o i v\ e i^ SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: 3/18 Page 6 of 8 Page 423 of 525 Application for Abandonment of a Public Right-of-WaylEasement Location: 981 Lady Bird Lane EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-waylutility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Title: SUUUENLINK COMMUNICATIONS S ct_► Title: :r..•v�tr r'��. I"a�cr�..�,f-.: Q: if-02 By: Title: 3118 Page 6 of 8 Page 424 of 525 Application for Abandonment of a Public Right-of-Way/Easement Location: 981 Lady Bird lane EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-waylutility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: G1�J,��•�.'.�t 17�,s�s•J 3/18 Page 6 of 8 Page 425 of 525 Application for Abandonment of a Public Right -of -Way / Easement Location: 981 Ladv Bird Lane. Colleae Station TX 77845 EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to recent and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. City Engineer City of College Station X Zoning Official City of College Station X Elecrtic Department City of College Station X Public Works Director City of College Station •- r Building Official City of College Station Fire Marshal City of College Station Water Services Department City of College Station Page 426 of 525 Application for Abandonment of a Public Right -of -Way / Easement Location: ODLI67e3 EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to recent and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. x x City Engineer Building Official City of College Station City of College Station x x Zoning Official Fire Marshal City of College Station City of College Station x ett. ,x e is epartme t 7 B/B/202V Water Services Department y College Station City of College Station X Public Works Director City of College Station Page 427 of 525 Application for Abandonment of a Public Right-of-Way/Easement Location: 981 Lady Bird Lane EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. Vk� NAME: Shelbi Bakkila, Assistant Secretary ADDRESS: Property Address: 97S Lady Bird Lane, College Station, TX 77845 Owner: CONTINENTAL HOMES OF TEXAS LP Owner Address. 3515 SW H K DODGEN LOOP, TEMPLE, TX 76502 NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 3/18 I Print Form I Page 8 of 8 Page 428 of 525 'UNIVERSITy TITLE COMPANY TITLE REPORT CF No.: 2404155CS Certification Date: May 21, 2024 Property Description: BEING ALL THAT CERTAIN 0.034 ACRE PORTION OF 15' WIDE PUBLIC UTILITY EASEMENT IN THE THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF A 15' WIDE PUBLIC UTILITY EASEMENT OVER, ACROSS, AND UPON COMMON AREA 32, BLOCK 7, DEPICTED ON THE PLAT OF MIDTOWN RESERVE SUBDIVISION PHASE 106 FILED IN VOLUME 17906, PAGE 123 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the north line of Lot 1, Block 7 of said Phase 106 and on the south line of said Common Area 32 from which a 1/2 inch iron rod found marking the west common corner of said Lot 1 and Common Area 32 bears S 82' 13' 52" W a distance of 10.25 feet; also from said Point of Beginning the City of College Station GPS monument CS94-130 bears N 73' 25' 51" W a distance of 6,456.60 feet; THENCE, over, across, and upon said Common Area 32 for the following three (3) courses and distances: 1) N 04' 58' 37" E a distance of 15.38 feet to a point in said Common Area 32 being an interior corner of said public utility easement; 2) N 82° 13' 52" E with a north line of said public utility easement, 97.74 feet to an interior corner of said public utility easement; 3) With a non -tangent curve to the left, having a radius of 337.50 feet, an arc length of 15.00 feet, a delta angle of 02' 32' 50", and a chord which bears S 06' 29' 43" E a distance of 15.00 feet to a point on said common line from which a 1/2 inch iron rod found on the west right-of-way of Lady Bird Lane (55 foot right-of-way, 17906/123 OPRBCT) marking the east common corner of said Lot 1 and Common Area 32; THENCE, with said common line, S 820 13' 52" W a distance of 100.80 feet to the POINT OF BEGINNING hereof and containing 0.034 acre (-1,488 sq. ft.), more or less. NOTE: The Company is prohibited from insuring the area or quantity of land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. Title Vested In: College Station Downtown Residential, LLC, a Texas limited liability company Vesting Deed to owners shown herein was dated December 15, 2017 and recorded in Volume 14405, Page 186, Official Records, Brazos County, Texas. Subject to: Working Capital Assessment: By: Midtown Reserve Homeowners Association, Inc. To: Lot owners Recorded: Volume 18921, Page 77, Official Records, Brazos County, Texas. (Not applicable in transactions of Developer to Builder) Deed of Trust to secure a Note: Page 429 of 525 Grantor: College Station Downtown Residential, LLC Trustee: Timothy C. Taylor, Sr. Beneficiary: Continental Homes of Texas, L.P. Amount: $1,520,000.00 Dated: August 12, 2019 Recorded: Volume 15525, Page 275, Official Records, Brazos County, Texas. Memorandum of Option Agreement by and between: Parties: College Station Downtown Residential, LLC and DM-CSDR, Inc. Dated: December 15, 2017 Recorded: Volume 14405, Page 281, Official Records, Brazos County, Texas. The subject property appears to lie within the Brazos County Rock Prairie Management District No. 2. The Texas Water Code, Section 50.301, Subchapter I, V.T.C.A., requires any person who sells or conveys real property located within such a district to give the purchaser written notice of the location of the property within said district. Said notice must also contain the most recent rate of taxes levied by the district on the subject property. Said notice to be recorded in the Official Records, Brazos County, Texas. We will require a Tax Certificate for Brazos County Rock Prairie Management District No. 2 be provided, showing all taxes paid current, prior to any title policies. (If this transaction is not closing in our office, please let us know if we need to order the tax certificate.) Restrictions: Volume 17906 Page 123 (on plat); Volume 14405, Page 154; Volume 15471, Page 24; Volume 15480, Page 15; Volume 15649, Page 94; Volume 15942, Page 183, Volume 16729, Page 112; Volume 17929, Page 141; Volume 18921, Pages 77, 214, 262 and 291; Volume 18922, Page 7; Volume 18946, Page 231 and Volume 19198, Page 15, Official Records, Brazos County, Texas. Exceptions: Easements and Building Lines as set out on plat recorded in Volume 17903, Page 123, Official Records, Brazos County, Texas. Easements and Building Lines as set out in restrictions recorded in Volume 14405, Page 154 and Volume 15471, Page 24, Official Records, Brazos County, Texas. Maintenance Charges and the Lien securing the payment of same, as set out in restrictions recorded in Volume 14405, Page 154; Volume 15471, Page 24 and Volume 18921, Page 77 of the Official Records of Brazos County, Texas. Covenants, conditions and restrictions and other instruments recorded in Volume 18921, Page 77, Official Records, Brazos County, Texas, and purporting to impose a Working Capital Assessment, and any and all fees, liens or charges, whether recorded or unrecorded, if any, currently due payable or that will become due or payable, and any other rights deriving therefrom, that are assessed pursuant thereto. Terms, Conditions, and Stipulations in the Certificate for Order Excluding Land From Rock Prairie Management District No. 2; Redefining the boundaries of the District and containing other provisions relating to the subject - Rock Prairie Management District No. 2: Dated: August 18, 2015 Recorded: Volume 12896, Page 154, Official Records, Brazos County, Texas; District Information Form: Dated: November 13, 2015 Recorded: Volume 13046, Page 10, Official Records, Brazos County, Texas; Amendment to District Information Form: Dated: February 15, 2018 Recorded: Volume 14508, Page 28, Official Records, Brazos County, Texas; Amendment to District Information Form: Dated: January 17, 2019 =Recorded: Volume 15109, Page 229, Official Records, Brazos County, Texas; Amendment to District Information Form: Dated: September 12, 2019 Recorded: Volume 15636, Page 85, Official Records, Brazos County, Texas; Amendment to District Information Form: Dated: September 10, 2020 Recorded: Volume 16383, Page 268, Official Records, Brazos County, Texas; Amendment to District Information Form: Dated: April 13, 2021 Page 430 of 525 Recorded: Volume 17072, Page 183, Official Records, Brazos County, Texas; Amendment to District Information Form: Dated: April 13, 2021 Recorded: Volume 17085, Page 166, Official Records, Brazos County, Texas; Petition for Addition of Certain Land: Dated: January 12, 2021 Recorded: Volume 17097, Page 136, Official Records, Brazos County, Texas; First Amended and Restated District Information Form: Dated: June 10, 2021 Recorded: Volume 17097, Page 154, Official Records, Brazos County, Texas; Amendment to the First Amended and Restated District Information Form: Dated: October 18, 2021 Recorded: Volume 17449, Page 53, Official Records, Brazos County, Texas; Amendment to the First Amended and Restated District Information Form: Dated: September 8, 2022 Recorded: Volume 18219, Page 240, Official Records, Brazos County, Texas; Amendment to the First Amended and Restated District Information Form: Dated: October 14, 2022 Recorded: Volume 18290, Page 126, Official Records, Brazos County, Texas; Amendment to the First Amended and Restated District Information Form: Dated: June 7, 2023 Recorded: Volume 18688, Page 108, Official Records, Brazos County, Texas; Amendment to the First Amended and Restated District Information Form: Dated: July 13, 2023 Recorded: Volume 18751, Page 107, Official Records, Brazos County, Texas; Amendment to the First Amended and Restated District Information Form: Dated: October 12, 2023 Recorded: Volume 18892, Page 170, Official Records, Brazos County, Texas. Amendment to the First Amended and Restated District Information Form: Dated: May 16, 2024 Recorded: Volume 19212, Page 283, Official Records, Brazos County, Texas. Notice to Purchasers: By: College Station Land Investment, LP Dated: December 15, 2017 Recorded: Volume 14405, Page 287, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Waiver Agreement by and between: Parties: College Station Downtown Residential, LLC and Rock Prairie Management District No. 2 Dated: May 10, 2018 Recorded: Volume 14690, Page 155, Official Records, Brazos County, Texas. Reservation of all income, royalty and benefits payable to Grantor and attributable to any agreement pertaining to salt water disposal operations on the Property, including but not limited to that certain Surface Use Agreement by Salt Water Disposal Operations dated effective January 30, 2013 in Deed: By: College Station Land Investment, LP To: College Station Downtown Residential, LLC Dated: December 15, 2017 Recorded: Volume 14405, Page 186, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. CLICK HERE FOR DOCUMENTS Upon examination of the public records Brazos County, Texas, we find no exception to title of the subject property other than those shown above. This Title Report is issued with the express understanding, evidenced by acceptance of same, that the liability of the undersigned is limited to the actual monetary consideration paid for same. University Title Company Page 431 of 525 Page 432 of 525 August 22, 2024 Item No. 8.9. Midtown Phase 601 Right -of -Way Abandonment Sponsor: Anthony Armstrong, Director of Planning and Development Reviewed By CBC: City Council Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 0.103 acre portion of right-of-way located on the southbound side of Midtown Drive, East of Durham Loop in the Midtown Reserve Subdivision Phase 601, according to the deed recorded in Volume 14147, Page 149, of the Official Public Records of Brazos County, Texas. Relationship to Strategic Goals: • Core Services and Infrastructure • Diverse Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: The right-of-way abandonment is being requested by the applicant as they desire to develop closer to the ROW. The originally dedicated right-of-way is no longer needed for future expansion of Midtown Drive. The 0.103 acre portion of right-of-way is undeveloped and is not connected to any other right-of-way. This portion was also deeded to the City, at no cost, by the developer as part of the City's CIP project that built Midtown Drive through this area. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Ordinance Exhibit A 3. Location Map 4. Vicinity Map 5. Application Page 433 of 525 ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.103 ACRE PORTION OF THE RIGHT OF WAY FOR MIDTOWN DRIVE, BEING A PORTION OF A CALLED .730 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF COLLEGE STATION, TEXAS, ACCORDING TO THE DEED RECORDED IN VOLUME 14147, PAGE 149, OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.103 acre portion of the right-of-way for Midtown Drive, being a portion of a called .730 acre tract of land described in a deed to the City of College Station, Texas recorded in Volume 14147, Page 149, of the Official Public Records of Brazos County, Texas, as described in Exhibit "A", attached hereto (such portion hereinafter referred to as the "Right -of -Way"); and WHEREAS, in order for the Right -of -Way to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Right -of -Way described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Right -of -Way will not result in property that does not have access to public roadways or utilities. 2. Other than as set forth herein, there is no public need or use for the Right - of -Way. 3. Except as provided for in this ordinance, there is no anticipated future public need or use for the Right -of -Way. 4. Abandonment of the Right -of -Way will not impact access for all public utilities to serve current and future customers. 5. Utility infrastructure exists within the Right -of -Way and the City has a continuing need for said public utilities to remain; and said uses are expressly not abandoned herein. Ordinance Form 8-14-17 Page 434 of 525 ORDINANCE NO. Page 2 of 2 PART 2: That the Right -of -Way as described in Exhibit "A" be abandoned and vacated by the City, only upon the following condition: 1. The City shall retain a blanket public utility easement over the entire .103 acre portion described in Exhibit "A" that shall survive this abandonment. PASSED, ADOPTED and APPROVED this day of , 20_. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Ordinance Form 8-14-17 Page 435 of 525 i Exhibit "A" N/F / 1121NCH IRON ROD WITH BRIAN HOWARO PERRY 121NCH IRON ROD WITH ORANGE PLASTIC CAP ORANGE PLASTIC CAP STAMPED'HP MAYO PORTION OF CALLED 25.79 ACRE TRACT 10459/34 OPRBCT STAMPED'HP MAYO RPLS 504Y FOUND (CM) RPLS 5045' FOUND (CM) 585°OT19'W 234.28 W _�— I W IN — W W IN F/ ypNG pFF o ys/''BpOT�9lF3fgl �.� ,''pp /ON 9SF6 F995' i i i N/F i BRIAN HOWARD PERRY PORTION OF CALLED 25.79 ACRE TRACT 10459/34 OPRBCT IO N o1F OIM1 PO/NTOFBEG/NN/NG 121NCH IRON ROD WITH BLUE PLASTIC CAP STAMPED WERR SURVEYING' FOUND (CM) UE I - LIE, .UE, y, LIEN 85°OTI9" E 163.1-P C: 1 - t 71 UE UE UE CI _ AfIDTO WN DRIVE 411 ELECTRICAL MANHOLE 19 SET IN • 'a',:.. CONCRETE � SIDEWALK G i �2------------ C2 S 85°07'19" W 199.36_ ------ 0.103ACRE5 ---� — " — lO' PUBLIC UTILITY (4,476 SQ. FT.) PROPERTY CORNER FALLS EASEMENT IN UD OF SANITARY 1/2 INCH IRON ROD WITH CITY OF COLLEGE STATION, TEXAS (15575/72 OPRBCT) LOT 1, BLOCK 35 SEWER MANHOLE YELLOW PLASTIC CAP CALLED 0.730 ACRES 121NCH IRON ROD MIDTOWN CITY CENTER _ STAMPEO'KERR4502' 14147I1490PRBCT WITH YELLOW PLASTIC CAP SUBDIVISION PHASE601 CAMPED'Ia:RR FOUND (CM) BEARS P STA02' FOUND (CM) (15575/72 OPRBCT) 5 66°46'41" W 134.22' GENERAL NOTES LEGEND: BEARING SYSTEM SHOWN HEREON IS BASED ON THE TEXAS OPRBCT = OFFICIAL PUBLIC COORDINATE SYSTEM OF 1983, CENTRAL ZONE (4203), GRID NORTH RECORDS OF BRAZOS COUNTY, AS ESTABLISHED FROM GPS OBSERVATION USING THE LEICA TEXAS SMARTNET NAD83 (NA2011) EPOCH 2O10 MULTI -YEAR CORS 123/456 = VOLUME AND PAGE SOLUTION 2 (MYC52). FROM PUBLIC COUNTY RECORDS DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) N/F = NOW OR FORMERLY MULTIPLY BY A COMBINED SCALE FACTOR OF 0.999898305 (CALCULATED USING GEOIDI2B). () =RECORD INFORMATION APPROXIMATE LOCATION OF (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO SANITARY SEWER LINE ESTABLISH PROPERTY BOUNDARIES. SS PROPERTY CORNERS ARE 112 INCH IRON ROD WITH BLUE PLASTIC APPROXIMATE LOCATION OF CAP STAMPED 'KERR SURVEYING' UNLESS OTHERWISE NOTED. WATER LINE W THIS SURVEY PLAT WAS PREPARED WITHOUT THE BENEFIT OF A APPROXIMATE LOCATION OF TITLE COMMITMENT. EASEMENTS AND OTHER MATTERS MAY BURIED ELECTRICAL LINE APPLY. UE UNDERGROUND UTILITIES ARE APPROXIMATED BASED ON ABOVE N WATER VALVE VALVE* WATER METER GROUND FEATURES, AVAILABLE MAPS AND MARKINGS BY UTILITY ss SANITARY SEWER MANHOLE PROVIDERS. ADDITIONAL UTILITIES MAY EXIST THAT ARE NOT ® STORM SEWER MANHOLE SHOWN ON THIS SURVEY. ):� LIGHT POLE/STANDARD / THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES❑ TRANSFORMER FIBER OPTIC MARKER DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TO BE ONE INSTRUMENT TOGETHER. CONCRETE A - . ... I j - CURVE RADIUS ARC LENGTH j Cl 625.00' 193.90' \ I C2 613.00' 189.48' f\ SCALE: V = 60' SURVEYOR'S CERTIFICATE: I, NATHAN PAUL KERR, R.P.L.S. NO. 6834, DO HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1B, CONDITIO , S ANDARD NO SUR OE ON THE GROUN DE YSUPER D � `S el? NATHAN PAUL KERR Oi134 �.:• N RHAN PAU ®OF ls3sR�O }SEGSEI RLA�—LANDSURORNO.6834 ?P COMMON AREA 21 MIDTOWN CITY CENTER SUBDIVISION PHASE 601 (15575/72 OPRBCT) DELTA ANGLE CHORD BEARING I CHORD LENGTH 17"4632" S 855925" E I 193.13' 17"42'36" N 86°01'23" W 188.72' LINE BEARING DISTANCE Ll S 16°14'39" W 12.02' L2 N 66"46'41" E 38.13' T5135 STANDARD LAND SURVEY PLAT OFA 0.103 ACRE TRACT OUT OF A CALLED 0.730 ACRE TRACT RECORDED IN VOLUME 14147, PAGE 149 OPRBCT THOMA5 CARUTHER5 LEAGUE SURVEY, ABSTRACT 9 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: I INCH = 60 FEET SURVEY DATE: 03-21-2023 1 PLAT DATE: 03-22-2023 � JOB NUMBER:23-0711 CAD NAME:23-071-ROW SURVEYING POINT FILE: BIRDEST-GRID (cont); 23-071A Oob) DRAWN BY: WJB CHECKED BY: NPK PREPARED BY: KERR SURVEYING, LLC TBPELS FIRM#10018500 "When one person stands 409 N. TEXAS AVENUE, BRYAN, TEXAS 77803 to gain over another, the PHONE: (979) 268-3195 facts must be uncovered" SURVEYS@KERRSURVEYING.NETIKERRLANDSURVEYING.COM Page 436 of 525 Exhibit "A" '' <K E R R FIELD NOTES DESCRIPTION ``SURVEYING oFA / / 0.103 ACRE TRACT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 0.103 ACRES IN THE THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF A CALLED 0.730 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF COLLEGE STATION, TEXAS RECORDED IN VOLUME 14147, PAGE 149 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID 0.103 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod with blue plastic cap stamped'KERR SURVEYING' found on the south line of Midtown Drive (right-of-way width varies, 13673/237,13938/2271114147/149 OPRBCT), at the northwest corner of said 0.730 acre tract, same being the southwest corner of a called 5.903 acre tract of land described in a deed to the City of College Station recorded in Volume 13938, Page 227 (OPRBCT) and the southeast corner of a called 1.002 acre right-of-way tract described in a dedication deed to the City of College Station recorded in Volume 13673, Page 237 (OPRBCT), from which the City of College Station monument CS94-130 bears N 510 38' 00" W, a distance of 3,952.62 feet; THENCE, with the common line of said 0.730 acre tract and said 5.903 acre tract, N 850 07' 19" E, for a distance of 163.17 feet to a 1/2 inch iron rod set (all 1/2 inch iron rods set with a blue plastic cap stamped "KERR SURVEYING") for a point of curvature, from which a 1/2 inch iron rod with orange plastic cap stamped 'HP MAYO RPLS 5045' found on the north line of said 1.002 acre right-of-way tract bears N 040 52' 41" W, a distance of 100.00 feet and from said iron rod found another 1/2 inch iron rod with orange plastic cap stamped 'HP MAYO RPLS 5045' found in said north line bears S 850 07' 19" W, a distance of 234.28 feet; THENCE, continuing with said common line, with a curve to the right, having a radius of 625.00 feet, an arc length of 193.90 feet, a delta angle of 170 46' 32', and a chord which bears 5 B50 59' 25a E, a distance of 193.13 feet to an 'X' set ion concrete for the northeast corner hereof; THENCE, severing said 0.730 acre tract, S 16014' 39" W, for a distance of 12.02 feet to a point in a sanitary sewer manhole lid on the south line of said 0.730 acre tract, at the north common corner of Lot 1, Block 3 and Common Area 21 of Midtown City Center Subdivision Phase 601 filed in Volume 15575, Page 72 (OPRBCT) and the southeast corner hereof; 1IPage 23-071A.docx fF THENCE, with the common line of said 0.730 acre tract and said Lot 1, with a curve to the left, having a radius of 613.00 feet, an arc length of 189.48 feet, a delta angle of 170 42' 36", and a chord which bears N 860 OT 23" W, a distance of 188.72 feet to a 112 inch iron rod with yellow plastic cap stamped 'KERR 4502' found at the end of said curve; THENCE, continuing with said common line, 5 850 07' 19" W, for a distance of 199.36 feet to a 112 inch iron rod set in the southeast line of a portion of the remainder of a called 25.79 acre tract of land described in a deed to Brian Howard Perry recorded in Volume 10459, Page 34 (OPRBCT), at the southwest corner of said 0.730 acre tract and the northwest corner of said Lot 1, from which a 112 inch iron rod with yellow plastic cap stamped `KERR 4502' found at the southwest corner of said Lot 1 bears S 66' 46' 41" W, a distance of 134.22 feet; THENCE, with the common line of said 0.730 acre tract and said Perry tract, N 66a 46' 41" E, for a distance of 38.13 feet to the POINT OF BEGINNING hereof and containing 0.103 acres, more or less. Surveyed on the ground March 2023 under my supervision. See plat prepared March 2023 for other information. The bearing basis for this survey is based on the Texas State Plane Coordinate System of 1983 (NAD83), Central Zone, Grid North as established from GPS observation using the Leica Smartnet NAD83 (NA2011) Epoch 2010 Multi -year CORS Solution 2 (MYCS2). Distances described herein are surface distances. To obtain grid distances (not grid areas) multiply by a combined scale factor of 0.999898305 (calculated using GEOIDI2B). Reference drawing: 23-071-ROW. 3/22/23 d Surveyor No. 6834 s T•cR .�F \ ................... NATHAN PAUL KERR .......................... A 6834 ESStOo KERR SURVEYING Kerr Surveying, LLC 1 409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-3195 1 Web: www.kerrlandsurveuina.com Surveus5kerrsurveuina.net I TBPELS Firm No.10018500 2 1 P a g e 23-071A.docx 17 Ar- LOCATION MAP "? . ,u t .1 NORTH 41y,'.. ROW TO BE �k ABANDONED 0.103 ACRES IN MIDTOWN DRIVE 1 ; 4 I , 0� �y �O OA 0 45 90 N 180 Feel ® Lot. 3 � Lot +. Lot. vey and re pr e ate relative of p 2rry hot age 439 o VICINITY MAP; 0 0.05 01 0.2 Mlles � A"Pro",tct sfor'mformationaI purposes and may not ve been prepared for or be suitable for legal, engineering, or su s made by the City of Colleqe Station reQ" q specific accuracv or completeness ROCK PPAIRIE ROAD MIDTOWN PHASE 601 ROWABANDONMENT i AL NORTH It does not represent an on -the -ground survey and represents only the approximate relative location of property bodaries Page` 440 of 525 FOR OFFICE USE ONLY CASE NO.: DATE SUBMITTED: TIME: STAFF: ABANDONMENT OF PUBLIC RIGHT-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: RI Abandonment of Public Right-of-Way/Easement Application Fee. (Refer to the Planning and Development Fee Schedule for all applicable fees) 0 Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. X] All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ® Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate current within ninety (90) days. The report must include applicable information such as ownership, liens, encumbrances, etc. 0 For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the abandonment. N® For platted property, a copy of the plat showing the lot, block, subdivision, and recording information. LOCATION OF RIGHT-OF-WAY/EASEMENT TO BE ABANDONED (include legal description): Midtown Drive near 1122 Midtown Drive APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name James Murr E-mail james@impactcos.com Street Address 4121 SH 6 SOUTH, SUITE 200 City COLLEGE STATION State TX Zip Code 77845-8682 Phone Number 979-985-5610 Fax Number PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name 4121 MIDTOWN OFFICE PARK, LLC E-mail james@impactcos.com Street Address: 4121 SH 6 S City COLLEGE STATION State TX Zip Code 77845-8682 Phone Number 979-985-5610 Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement of the owner. If there is more than one owner, all owners must sign the application or power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. Signature and title Date 3/18 Page 1 of 8 Page 441 of 525 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. The undersigned will hold the City of College Station harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such abandonment. 2. Attached, marked Exhibit No. 1, is a sealed metes and bounds description of the area sought to be abandoned, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/ easement sought to be abandoned and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right -of- way/easement is situated, together with the record owners of such lots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment. 5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff to the abandonment. 6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so state) Name NONE Street Address City Reason consent was not obtained: If objecting, points of objection: Name Street Address City Reason consent was not obtained: If objecting, points of objection: Name Street Address City Reason consent was not obtained: If objecting, points of objection: 3/18 State State State E-mail E-mail E-mail Zip Code Zip Code Zip Code Page 2 of 8 Page 442 of 525 7. That the abandonment will not result in property that does not have access to public roadways or utilities because: The adjacent lot has access and will continue to have access to Midtown Drive and the existing utilities are in place. 8. That there is no current public need or use for the easement or right-of-way because: The Midtown Drive pavement and sidewalk are existing and this area was not needed for construction of the street. 9. That there is no anticipated future public need or use for the easement or right-of-way because: The section of Midtown Drive to the west is constructed in a 100' wide right-of-way and with this abandonment, the right-of-way will match that section. 10. That all public utilities have access to serve current and future customers because: All public utilities are in place. 11. Such public right-of-way/easement has been and is being used as follows: This portion of the right-of-way is vacant and not being used for the street or sidewalk. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. r_ iS g ature and tl e 1��4K, ie- . /- C -/C, 23 STATE OF TEXAS § § ACKNOWLEDGEMENT COLITY OF BRAZOS § Date Subscribed and sworg to b�efore me, a Notary Public, this l0� day of S vCA114.Y'Y' , 2023 by CYNTHIA ANN ROBINSON _~ A Notary Public, State of Texas Si,% Comm. Expires 01-03-2024 �101 A-4k-`j a"4,1. Nota Public in and for v Notary ID 132299038 rY the State of Texas 3/18 Page 3 of 8 Page 443 of 525 Application for Abandonment of a Public Right-of-Way/Easement Location: Midtown Drive EXHIBIT NO. 1 Attached is a sealed copy of the metes and bounds description of the public right-of-way/easement situated in Midtown City Center Subdivision Phase 601 Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. 3/18 Page 4 of 8 Page 444 of 525 i N/F / 1121NCH IRON ROD WITH BRIAN HOWARO PERRY 121NCH IRON ROD WITH ORANGE PLASTIC CAP ORANGE PLASTIC CAP STAMPED'HP MAYO PORTION OF CALLED 25.79 ACRE TRACT 10459/34 OPRBCT STAMPED'HP MAYO RPLS 504Y FOUND (CM) RPLS 5045' FOUND (CM) 585°OT19'W 234.28 W _�— I W IN — W F/ ypNG pFF o ys/''BpOT�9lF3fgl �.� ,''pp /ON 9SF6 F995' i i i N/F i BRIAN HOWARD PERRY PORTION OF CALLED 25.79 ACRE TRACT 10459/34 OPRBCT IO N o1F OIM1 PO/NTOFBEG/NN/NG 121NCH IRON ROD WITH BLUE PLASTIC CAP STAMPED WERR SURVEYING' FOUND (CM) i UE I - LIE, .UE, y, LIEN 85°OTI9" E 163.1-P C: 1 - t 71 UE UE UE CI _ �w W \ ARDTO WN DRIVE 411 ELECTRICAL MANHOLE 19 SET IN • 'a',:.. CONCRETE � SIDEWALK G i �2------------ C2 S 85°07'19" W 199.36_ ------ 0.103ACRE5 ---� — " — lO' PUBLIC UTILITY (4,476 SQ. FT.) PROPERTY CORNER FALLS EASEMENT IN UD OF SANITARY 1/2 INCH IRON ROD WITH CITY OF COLLEGE STATION, TEXAS (15575/72 OPRBCT) LOT 1, BLOCK 35 SEWER MANHOLE YELLOW PLASTIC CAP CALLED 0.730 ACRES 121NCH IRON ROD MIDTOWN CITY CENTER _ STAMPEO'KERR4502' 14147I1490PRBCT WITH YELLOW PLASTIC CAP SUBDIVISION PHASE601 CAMPED'Ia:RR FOUND (CM) BEARS P STA02' FOUND (CM) (15575/72 OPRBCT) 5 66"46'41" W 134.22' GENERAL NOTES LEGEND: BEARING SYSTEM SHOWN HEREON IS BASED ON THE TEXAS OPRBCT = OFFICIAL PUBLIC COORDINATE SYSTEM OF 1983, CENTRAL ZONE (4203), GRID NORTH RECORDS OF BRAZOS COUNTY, AS ESTABLISHED FROM GPS OBSERVATION USING THE LEICA TEXAS SMARTNET NAD83 (NA2011) EPOCH 2O10 MULTI -YEAR CORS 123/456 = VOLUME AND PAGE SOLUTION 2 (MYC52). FROM PUBLIC COUNTY RECORDS DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) N/F = NOW OR FORMERLY MULTIPLY BY A COMBINED SCALE FACTOR OF 0.999898305 (CALCULATED USING GEOIDI2B). () =RECORD INFORMATION APPROXIMATE LOCATION OF (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO SANITARY SEWER LINE ESTABLISH PROPERTY BOUNDARIES. SS PROPERTY CORNERS ARE 112 INCH IRON ROD WITH BLUE PLASTIC APPROXIMATE LOCATION OF CAP STAMPED 'KERR SURVEYING' UNLESS OTHERWISE NOTED. WATER LINE W THIS SURVEY PLAT WAS PREPARED WITHOUT THE BENEFIT OF A APPROXIMATE LOCATION OF TITLE COMMITMENT. EASEMENTS AND OTHER MATTERS MAY BURIED ELECTRICAL LINE APPLY. UE UNDERGROUND UTILITIES ARE APPROXIMATED BASED ON ABOVE N WATER VALVE +WATER METER GROUND FEATURES, AVAILABLE MAPS AND MARKINGS BY UTILITY ss SANITARY SEWER MANHOLE PROVIDERS. ADDITIONAL UTILITIES MAY EXIST THAT ARE NOT ® STORM SEWER MANHOLE SHOWN ON THIS SURVEY. }� LIGHT POLE/STANDARD / THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES❑ TRANSFORMER FIBER OPTIC MARKER DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TO BE ONE INSTRUMENT TOGETHER. CONCRETE A - . ... I j - CURVE RADIUS ARC LENGTH j Cl 625.00' 193.90' \ I C2 613.00' 189.48' f\ SCALE: V = 60' SURVEYOR'S CERTIFICATE: I, NATHAN PAUL KERR, R.P.L.S. NO. 6834, DO HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1B, CONDITIO , S ANDARD NO SUR OE ON THE GROUN DE YSUPER D � `S el? NATHAN PAUL KERR Oi134 �.:• N RHAN PAU ®OF ls3sR�O }SEGSEI RLA�—LANDSURORNO.6834 ?P COMMON AREA 21 MIDTOWN CITY CENTER SUBDIVISION PHASE 601 (15575/72 OPRBCT) DELTA ANGLE CHORD BEARING I CHORD LENGTH 17"4632" S 855925" E I 193.13' 17"42'36" N 86°01'23" W 188.72' LINE BEARING DISTANCE Ll S 16°14'39" W 12.02' L2 N 66"46'41" E 38.13' T5135 STANDARD LAND SURVEY PLAT OFA 0.103 ACRE TRACT OUT OF A CALLED 0.730 ACRE TRACT RECORDED IN VOLUME 14147, PAGE 149 OPRBCT THOMA5 CARUTHER5 LEAGUE SURVEY, ABSTRACT 9 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: I INCH = 60 FEET SURVEY DATE: 03-21-2023 1 PLAT DATE: 03-22-2023 � JOB NUMBER:23-0711 CAD NAME:23-071-ROW SURVEYING POINT FILE: BIRDEST-GRID (cont); 23-071A Oob) DRAWN BY: WJB CHECKED BY: NPK PREPARED BY: KERR SURVEYING, LLC TBPELS FIRM#10018500 "When one person stands 409 N. TEXAS AVENUE, BRYAN, TEXAS 77803 to gain over another, the PHONE: (979) 268-3195 facts must be uncovered" SURVEYS@KERRSURVEYING.NETIKERRLANDSURVEYING.COM Page 445 of 525 '' <K E R R FIELD NOTES DESCRIPTION ``SURVEYING oFA / / 0.103 ACRE TRACT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 0.103 ACRES IN THE THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF A CALLED 0.730 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF COLLEGE STATION, TEXAS RECORDED IN VOLUME 14147, PAGE 149 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID 0.103 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod with blue plastic cap stamped'KERR SURVEYING' found on the south line of Midtown Drive (right-of-way width varies, 13673/237,13938/2271114147/149 OPRBCT), at the northwest corner of said 0.730 acre tract, same being the southwest corner of a called 5.903 acre tract of land described in a deed to the City of College Station recorded in Volume 13938, Page 227 (OPRBCT) and the southeast corner of a called 1.002 acre right-of-way tract described in a dedication deed to the City of College Station recorded in Volume 13673, Page 237 (OPRBCT), from which the City of College Station monument CS94-130 bears N 510 38' 00" W, a distance of 3,952.62 feet; THENCE, with the common line of said 0.730 acre tract and said 5.903 acre tract, N 850 07' 19" E, for a distance of 163.17 feet to a 1/2 inch iron rod set (all 1/2 inch iron rods set with a blue plastic cap stamped "KERR SURVEYING") for a point of curvature, from which a 1/2 inch iron rod with orange plastic cap stamped 'HP MAYO RPLS 5045' found on the north line of said 1.002 acre right-of-way tract bears N 040 52' 41" W, a distance of 100.00 feet and from said iron rod found another 1/2 inch iron rod with orange plastic cap stamped 'HP MAYO RPLS 5045' found in said north line bears S 850 07' 19" W, a distance of 234.28 feet; THENCE, continuing with said common line, with a curve to the right, having a radius of 625.00 feet, an arc length of 193.90 feet, a delta angle of 170 46' 32', and a chord which bears 5 B50 59' 25a E, a distance of 193.13 feet to an 'X' set ion concrete for the northeast corner hereof; THENCE, severing said 0.730 acre tract, S 16014' 39" W, for a distance of 12.02 feet to a point in a sanitary sewer manhole lid on the south line of said 0.730 acre tract, at the north common corner of Lot 1, Block 3 and Common Area 21 of Midtown City Center Subdivision Phase 601 filed in Volume 15575, Page 72 (OPRBCT) and the southeast corner hereof; 1IPage 23-071A.docx fF THENCE, with the common line of said 0.730 acre tract and said Lot 1, with a curve to the left, having a radius of 613.00 feet, an arc length of 189.48 feet, a delta angle of 170 42' 36", and a chord which bears N 860 OT 23" W, a distance of 188.72 feet to a 112 inch iron rod with yellow plastic cap stamped 'KERR 4502' found at the end of said curve; THENCE, continuing with said common line, 5 850 07' 19" W, for a distance of 199.36 feet to a 112 inch iron rod set in the southeast line of a portion of the remainder of a called 25.79 acre tract of land described in a deed to Brian Howard Perry recorded in Volume 10459, Page 34 (OPRBCT), at the southwest corner of said 0.730 acre tract and the northwest corner of said Lot 1, from which a 112 inch iron rod with yellow plastic cap stamped `KERR 4502' found at the southwest corner of said Lot 1 bears S 66' 46' 41" W, a distance of 134.22 feet; THENCE, with the common line of said 0.730 acre tract and said Perry tract, N 66a 46' 41" E, for a distance of 38.13 feet to the POINT OF BEGINNING hereof and containing 0.103 acres, more or less. Surveyed on the ground March 2023 under my supervision. See plat prepared March 2023 for other information. The bearing basis for this survey is based on the Texas State Plane Coordinate System of 1983 (NAD83), Central Zone, Grid North as established from GPS observation using the Leica Smartnet NAD83 (NA2011) Epoch 2010 Multi -year CORS Solution 2 (MYCS2). Distances described herein are surface distances. To obtain grid distances (not grid areas) multiply by a combined scale factor of 0.999898305 (calculated using GEOIDI2B). Reference drawing: 23-071-ROW. 3/22/23 d Surveyor No. 6834 s T•cR .�F \ ................... NATHAN PAUL KERR .......................... A 6834 ESStOo KERR SURVEYING Kerr Surveying, LLC 1 409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-3195 1 Web: www.kerrlandsurveuina.com Surveus5kerrsurveuina.net I TBPELS Firm No.10018500 2 1 P a g e 23-071A.docx Application for Abandonment of a Public Right-of-Way/Easement Location: Midtown Drive EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above - mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. 3/18 Page 5 of 8 Page 448 of 525 ON C4 t Wim "s " (Wq- 00 a79MM VbL 1, . 434 3== woe ,a WOOMM Na at OEM 0~ now UM UL Wow ,pop OPW Proposed Rightqw-ofow-Way Parcel 00-0 00 .0 for Lakeway Drive \.-W 0-0 � rS College Station hand lnvestment, LP Tract Thomas Caruthers league A--9 College Station, Texas NOW As dOelat: a", ft a1wme ftk 1 i odl�e� s�sEien MW. SIM W" *a Ix _0 -1W VOL 1W ■ 156 swiR f J Parcel— R ght-"0--i-Way •.-ter . J Jr,� 1 r+t , , },• '.- - r., , , •_ ,f•r - �-ry �•t 1+ --i• �}7+ j } _•ref{�*{# y ■ x * •�*, l � r r.•��"r � �S• _ �{•�;.'tea Rp jr _ �+ _�� ■' _.�'f� a#* � .�.1 �+ �{ � �. '�L•- ..__ � �''�r~.td■��_ f 4 t _-Its � ■ �CFM=4 0 . 4.r"V. "a...MW an Ow we fti 1�w SM 118paam" o Va boot 0 � �) Am IF Ewi l l", r! WM WLDaemon J IN L A • g f # a Ram %mom A �+ %& so raw WPMM 1W mom or �Vft am � me on t i L9 1. Pr Its MBAF16M . i*L V. if 1 .�aty of cat"� A* W"# Pg. 2241 Page 449 of 525 Application for Abandonment of a Public Right-of-Way/Easement Location: Midtown Drive EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title:A/l?L° P FRONTIER By: Title: OPTIMUM By: Title: BRYAN TEXAS UTILITIES By: Title: 3/18 Page 6 of 8 Page 450 of 525 Application for Abandonment of a Public Right-of-Way/Easement Location: Midtown Drive EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: FRONTIER By - Title: Title: OPTIMUM By: Title: BRYAN TEXAS UTILITIES By: Title: 3/18 Page 6 of 8 Page 451 of 525 Application for Abandonment of a Public Right-of-Way/Easement Location: Midtown Drive EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: =iI►MIZ By: Title: OPTIMUM By: r Titl r �; -rats-,Irii.7.r� Q71i-z3 011191*49 By: Title: 3118 Page 6 of 8 Page 452 of 525 Application for Abandonment of a Public Right-of-Way/Easement Location: Midtown Drive EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: FRONTIER By: Title: OPTIMUM By: Title: C By: Greq Burkhalter s Title: Engineering Design Manager 3118 Page 6 of 8 Page 453 of 525 Application for Abandonment of a Public Right -of -Way / Easement Location: Midtown Drive EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to recent and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. City Engineer City of College Station Zoning Official City of College Station X Elecrtic Department City of College Station `r X Public Works Director City of College Station 0 ENOW.64 MO Building Official City of College Station X G' Fire Marshal City of College Station Water Services Department City of College Station Page 454 of 525 Application for Abandonment of a Public Right -of -Way / Easement Location: OgSP N2G23 - 0,00[ti0a EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to recent and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. X X City Engineer Building Official City of College Station City of College Station X x Zoning Official Fire Marshal City of College Station City of College Station X X �E rti Depart nt $�B�zOZ�/ Water Services Department it College Station City of College Station X Public Works Director City of College Station Page 455 of 525 Application for Abandonment of a Public Right-of-Way/Easement Location: Midtown Drive EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. NAME: 4121 Midtown Office Park, LLC ADDRESS: 4121 SH 6 S Suite 200 College Station, Texas 77845-8682 NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 3/18 I Print Form I Page 8 of 8 Page 456 of 525 August 22, 2024 Item No. 8.10. Bachmann Construction Contract Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a construction contract with C. A Walker Construction, in the amount of $6,037,073 for the construction of two new restroom and concession buildings at Bachmann Park, plus the City's contingency in the amount of $750,000 for a total appropriation of $6,787,073. Approval of this item grants authority for the City Manager to authorize project expenditures up to the City's contingency amount. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval and award of the construction contract with C.A. Walker Construction. Summary: The proposed construction project includes the demolition and reconstruction of the restroom and concession buildings located near the Little League and Senior League fields. This project is part of the approved 2022 Bond Program. The first building is located within the four (4) Little League fields. The new facility will include a new concession area, an increase in the number of restroom stalls, a dedicated family restroom, storage rooms, drinking fountains and an official's room. In addition to the new building, users will also see new bleachers, covered seating, and new dugouts. The second building, located near the Senior League baseball fields and soccer fields, will include the same features as the new Little League building: a concession area, larger restrooms, storage rooms and drinking fountains. The area around the baseball fields will also receive new bleachers and added shade. This project was procured via competitive sealed proposals (CSP). 6 proposals were received. Following staff evaluation, C.A. Walker Construction was selected as the best value to the City. Budget & Financial Summary: Budget in the amount of $7,000,000 is included for this project in the Parks Capital Improvement Projects Fund. A total of $696,150 has been expended or committed to date, leaving a balance of $6,303,850 for this contract and future costs. Funding for this project was approved via the City of College Station's November 2022 General Obligation Bond Election. The additional contingency requested to arrive at the total amount of $6,787,073 will require a future Budget Amendment item in FY24. The additional contingency costs, if incurred, will be funded by investment earnings in the Parks Capital Improvement Projects Fund. Attachments: 1. Bachmann RFP-24-071, Preliminary Tab Sheet 2. Bachmann Map 3. Bachmann Park Contract Page 457 of 525 FIRM Aggieland Construction C.A. Walker Construction Crain Group Dudley Construction Marek Brothers Vaughn Construction PRELIMINARY TABULATION RFP NO. 24-071 Bachmann Park Concessions Renovations NUMBER OF CALENDAR ALTERNATE BASE PROPOSAL DAYS ONE Total Sum $ 7,016,000.00 365 $ 20,000.00 $ 7,036,000.00 $ 6,037,073.00 365 $ 12,000.00 $ 6,049,073.00 $ 6,678,000.00 300 $ 6,000.00 $ 6,684,000.00 $ 6,609,000.00 365 $ 5,000.00 $ 6,614,000.00 $ 6,595,000.00 365 $ 5,000.00 $ 6,600,000.00 $ 8,305,850.00 350 0.00 $ 8,305,850.00 8/5/2024 BOND Addenda Certification Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Page 458 of 525 Extents Bachmann Park. Cul l e g e Station tlK �. z ?�- 4S, v/ 4 , S ♦ l i ♦, j 'AL OA txe r l n POW " } r' F` 0 Project Location 4 i��• `'`� � � ` ��; Streets 9 � 3 0 100 200 400 600 CITY OF COLLEGE STATION } Fee t Home ofTe &A&M University' Page 45 CONTRACT & AGREEMENT ROUTING FORM CITY OF COLLEGE STATION 24300642 PK2304 24-071 HorneofTexas AdaMUniversity' CONTRACT#: PROJECT#: BID/RFP/RFQ#: Project Name / Contract Description: Bachmann Park Concessions Renovations Name of Contractor: C.A. Walker Construction CONTRACT TOTAL VALUE: $ 6,037,073.00 Grant Funded Yes❑ No 0 Debarment Check ❑ Yes ❑ No ❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # N/A If yes, what is the grant number: Davis Bacon Wages Used ❑ Yes ❑ NoN N/A Buy America Required ❑ Yes ❑ No* N/A Transparency Report ❑ Yes ❑ No ❑E N/A [—]CHANGE ORDER # NSA ❑ OTHER N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Award to lowest responsible bidder meeting specifications from RFP (CSP) 24-071. Funding from account 41389971-6411, project number PK2304. N/A (If required)* 8/22/2024 TBD CRC Approval Date*: Council Approval Date*: Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: AD Payment Bond: AD Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL "I"" I/� DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER MAYOR (if applicable) N/A N/A CITY SECRETARY (if applicable) 8/14/2024 DATE DATE DATE DATE DATE DATE Onginal(s) sent to CSO on Scanned into Laserfiche on Original(s) sent to Fiscal on Page 460 of 525 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 C.A. Walker Construction (the "Contractor") for the construction and/or installation of the following: Bachmann Park Concessions Buildings Renovations 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted. 4.02 Cam. The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 Citv'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 Contingencv 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: Seven Hundred Fifty Thousand and No /100 Dollars ($ 750,000.00 ). 1.06 Contract Amount. The term "Contract Amount" shall mean the amount of Contractor's lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor's Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in consideration of the Contractor's final completion of all Work in conformity with this Agreement, the City shall pay the Contractor an amount not to exceed: Six Million Thirty Seven Thousand Seventy Three and No /100 Dollars ($ 6,037,073.00 ). 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page I 1 Page 461 of 525 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 Comuletion. 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 12 Page 462 of 525 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 Comuleted. 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 13 Page 463 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 14 Page 464 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 465 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 16 Page 466 of 525 (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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 17 Page 467 of 525 (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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 18 Page 468 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 469 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 110 Page 470 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page I 1 1 Page 471 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 112 Page 472 of 525 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, maybe 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 113 Page 473 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 114 Page 474 of 525 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. .� . 16.04 Retainage. This section has been removed. No retainage will be deducted. 16.05 If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06 Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re -stocking charges actually incurred by the Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07 The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the Work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09 Unless otherwise provided in the Contract Documents: Contract No. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page ll5 Page 475 of 525 (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. 0) 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 116 Page 476 of 525 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. 0 17.03 For "Extra Work", as defined in this Agreement and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original Contract price may not be increased by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non -included cost. IN ❑ 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 (2501o). 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 117 Page 477 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page ll8 Page 478 of 525 (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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page ll9 Page 479 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 120 Page 480 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 121 Page 481 of 525 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 One Thousand Five hundred and No /100 DOLLARS ($1,500.00 ) 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 122 Page 482 of 525 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 Citv, 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 123 Page 483 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 124 Page 484 of 525 (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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 125 Page 485 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 126 Page 486 of 525 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 personss 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 127 Page 487 of 525 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 401.01 ](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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 128 Page 488 of 525 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 theAgreement 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 129 Page 489 of 525 (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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page I30 Page 490 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 131 Page 491 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 132 Page 492 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page l33 Page 493 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 134 Page 494 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page l35 Page 495 of 525 (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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page l36 Page 496 of 525 (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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 137 Page 497 of 525 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. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page 138 Page 498 of 525 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 parry 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) Bovcott 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) Bovcott 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) Bovcott Enerizv 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 VendorinvoiceEntrvncstx.aov if the Contractor reasonably suspects or knows if any of their financial information has been subject to fraudulent activity or suspected fraudulent activity. Contract No. 24300642 Construction Agreement Over $50,000 Form 4-20-23 Page l39 Page 499 of 525 List of Exhibits A. Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule F. Schedule of Values C.A. WALKER CONSTRUCTION By: C44:4 uyge4 k Wr.Ut4 Printed Name:chri stopher A. walker Title: own r Date:8/14/2024 Contract No. 24300642 Construction Agreement Over $50,000 Form 4-20-23 CITY OF COLLEGE STATION By: City Manager Date: APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Page I40 Page 500 of 525 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 24300642 Construction Agreement Over $50,000 Form 04-20-2023 Page 501 of 525 "General Decision Number: TX20220007 01/07/2022 Superseded General Decision Number: TX20210007 State: Texas Construction Types: Heavy and Highway Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY Construction Projects Note: 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)(2)-(60). 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, Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 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 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 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date Page 502 of 525 0 01/07/2022 * SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) ......................$ 12.56 ELECTRICIAN ......................$ 26.35 FORM BUILDER/FORM SETTER Paving & Curb ...............$ 12.94 Structures ..................$ 12.87 LABORER Asphalt Raker ...............$ 12.12 Flagger.....................$ 9.45 Laborer, Common .............$ 10.50 Laborer, Utility............$ 12.27 Pipelayer...................$ 12.79 Work Zone Barricade Servicer....................$ 11.85 PAINTER (Structures) .............$ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor........$ 12.69 Asphalt Distributor.........$ 15.55 Asphalt Paving Machine......$ 14.36 Boom Truck ..................$ 18.36 Broom or Sweeper............$ 11.04 Concrete Pavement Finishing Machine...........$ 15.48 Crane, Hydraulic 80 tons or less .....................$ 18.36 Crane, Lattice Boom Be tons or less ................$ 15.87 Crane, Lattice Boom over 80 tons .....................$ 19.38 Crawler Tractor .............$ 15.67 Directional Drilling Locator .....................$ 11.67 Directional Drilling Operator ....................$ 17.24 Excavator 50,000 lbs or Less ........................$ 12.88 Excavator over 50,000 lbs...$ 17.71 Foundation Drill, Truck Mounted .....................$ 16.93 Front End Loader, 3 CY or Less ........................$ 13.04 Front End Loader, Over 3 CY.$ 13.21 Loader/Backhoe..............$ 14.12 Mechanic ....................$ 17.10 Milling Machine .............$ 14.18 Motor Grader, Fine Grade .... $ 18.51 Motor Grader, Rough ......... $ 14.63 Pavement Marking Machine .... $ 19.17 Reclaimer/Pulverizer........ $ 12.88 Roller, Asphalt .............$ 12.78 Roller, Other ...............$ 10.50 Scraper .....................$ 12.27 Spreader Box ................$ 14.04 Page 503 of 525 Trenching Machine, Heavy .... $ 28.48 Servicer .........................$ 14.51 Steel Worker Reinforcing .................$ 14.00 Structural ..................$ 29.29 TRAFFIC SIGNAL INSTALLER Traffic Signal/Light Pole Worker ......................$ 16.00 TRUCK DRIVER Lowboy -Float ................$ 15.66 Off Road Hauler .............$ 11.88 Single Axle .................$ 11.79 Single or Tandem Axle Dump Truck .......................$ 11.68 Tandem Axle Tractor w/Semi Trailer .....................$ 12.81 WELDER ...........................$ 15.97 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 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 www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Page 504 of 525 Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUMB198-005 07/01/2014. PLUM is an abbreviation identifier of the union, which prevailed in the survey for this classification, which in this example would be Plumbers 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: Page 505 of 525 * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Division National Office Branch of Wage Surveys. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write 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 by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" Page 506 of 525 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. 24300642 Construction Agreement Over $50,000 Form 04-20-2023 Page 507 of 525 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 24300642 Construction Agreement Over $50,000 Form 04-20-2023 Page 508 of 525 PERFORMANCE BOND Bond No. 44731U THE STATE OF TEXAS § § KNOW ALL IMEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, C.A. iitiaj r CgWruction , as Principal, hcrcinaftcr called "Contractor" and the other subscriber hereto SiureTec lnsurunccCQmPA y , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of Collcgc Station, a municipal corporation, in the sum of Six MiUiQn Thit'_ty Seven Thousand SevcAv_Three---------- ________________..._- and Noll 00 Dollars $ b,037. 73,{lf�.------�-) for the payment of which sum, well and fly 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 CONTITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with Elie City of College Station for Bachmann Park C2aowjorts Buildings R��ovations 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 arc trade a part of this instrument as fully and completely as if set out in full herein NOW 'THEREFORE, if the said Contractor shall faithful]y and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effcct, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and evcry provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become gull 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 Perfon tance Bond, the Surety hereby waives any notice to it of any default, or delay by the ContMCtOT 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 arc at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Mork to be Contract No. 24300642 Construction Agrmuent Owr $50,0W Form 04.20-2023 Page 509 of 525 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 c:hangcs, 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 Timc 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 indenwify and hold harmless the City of Collcgc 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 %6th 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 perniMed hcreunder shall be in writing and shall be deemed dclivered when actually received or, if earlier, on the third day following deposit in a t nitcd State Postal Service post office or receptacic, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Doc:umcnts, or at such other address a., the rocciving patty may hereafter prescribe by written notice to the sending party. A cop), of surety agent's "Power of Attorricy" 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. 2430 642 Construeuon Agmenwnt Over S50,000 Form 04-20-2023 Page 510 of 525 Rond No. 4,473161 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corpora WITNESS: (if not a corporation) By: 49� Name: Q rf� �w6v Title; — 1-i " 0- Date: August 22. 2024 FOR THE SURETY: ATTESTAVFrNESS (SEAL) Bv: Name: ^ KJ[;� • r Title: Date, August 22. 2424 FOR THE CITY: REVIENVED: City Attorney T' '.A. Walkcr Cons fuetton A. of Con raktor) Name: G� V JLl k G, A.. t-X� L- L4-S rz Title: Date: _ August 2L=4 SU=jcC.Insurance CoT y (Full Name of Surety) Austin- Tx 7R7-59 (Address of Surety for Notice) _ Name: Title: _A.9nrncv-in-Fac.t Date: Aueu,t 22. 2024 _ THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City :Manager NOTE: Dale ofbands must be on or after the date of exerrttion by Girt-. Contraet No. 24300642 CUnstmct on Agreement Ovtff S50.000 Form 44-20-2023 Page 511 of 525 POA,- 4221114 JOINT LIMITED POWER OF ATTORNEY KNOW i4LL MEN BY THI.St PMENTS: mac SirPTAc IniurarCeCoI-.pates, a Crnp+xatran duly agan+ted and erlsting under the kaws of the State of Texas and having its pnnopal offit4 in the County of Hirers, Texas and Maegel iAsuranGC Corrspany (the'CornpanV ), a corporation duly wganaed and *,casing under the laws of t?* state CO Illinois, and havng its principal administiaci.q orfice in G1rn Allen, VArgml►. does by then j;rments mas.e, ronstitu:ri AM ►000im KudA. Risk, Sharen Grpyq0f, Roxanne G. Brune. David R. Groppell, Bevedy A lrelarW, Francine Hey. Gloria MadRol Villa, Mir.,hete L. Bondurant. Kourtney Reece Ther true acid lawfui agtnit %) and exh in their separate calamity if mare than one 4named abovl, to make, execute, scat and d#hw for tad on their own b"W, rndindvally is a surety or jointly, as co-suretses, and its thpr act a.-ii deed wry and af1 bonds and ocher irndeniJiang in suretyship prod ided, hoxrver, that the penal sum of wiq orate wch lnttrumer t exewted here9nder "I not e•ceed tlht sum Of. One Hundred Million and W100 Dollars ($1100.0W,000.00) This Power of Attorneys granted and is signed and scaled underied by the authority or the followr+s Resolutions adopted by the 3oard of Bife0orsof SWeTec InswanCt Company and rllarkcI wtsuranco Company 'RESOLVED, This the President any Senor Vice Pr"dant, Y?Cfi Prosderrt, AS&SR#nl Vke President, Secretary, A"w.'ant Secretary, Treasurtr or ASSrltant Trt4iurer and each of them #eeraby K authorized to estcute prrwers of attorney, and such authority can be ftecvted by use of facsimile srgnatum, which may Ise attested pr aeke,*Medged by irpy officer or attorney, of the com;merf, qualifying the attorney or attomeys nansed,n the $ides+ preset of attorney, to e"cute in baalf, od, and acknowledge as the an and deed of the SureTec Insurance Ccrhpany and Marko Insurance Company, as the case rnve bA, ?-a bond undertatinas and contracts of sure-)-shra. arsd to aIII KthP corporate seat therelo - Ir►'/ItTrcf55 y/7f$REL7F, Afarlal Insurano► Company y-id SvreTpc fnsurarlce CrJmpany hays caused fiddle affitiil Seal [4 be htrtsanlo affued "- these press to Ise ugned by their duly authorized officers on the acre+ der or Mi 2p3a . sureTec Insurancp{.pmpany jsR C rr M nsurartce prnpany ��, SEAL • T! � � '� �.-•�— rdlrharl C Keimig. Prts+dMt .`ati v�xSdCy ki{ril�t{ KC Prt+lEent * J4111i mtr15 i sweof Tel= { I 1 County of Harris On this 2R1 day Of -J* , 2024 A. 17_, before me, a Nwary Puble of the State cf TeXU. in and for the County of Harres, duet ca+s+.•nissioned and gvalOied, came INE ASM OFFICERS OF THE COMPANIES, to me penarally known to be the,ndwsduals ird otkers described in, Yet* executed the FreceCing rrrstrumenL any they iiino.vkdged the ruccitan of wrist', and being by me duty sworn, disposed and said that they aro the off,c4rs of the aid cornpinivs aforesied. sad that the seats affucd to the proS{e4ing instrumt!nt arc the Corporate Seals of said Compwd *s, and the sa-d Corporate Seats and thou signatures as officers were duty aff xtLd and se:bstribed to the said Instru"IIM by the authority ie%d drectroo of the said compar as., and that Resoilr+tions adapted by the Board of Oti-Mccs of s44 Companies raferrPd to in the preredine IrtStrI grit tsnowin force. IN TESromonY WHEitf4f, I have Aellur+to W my !land, and affuped my Of ial5eal of the Cotanty of Hares, the day and year fist abam written .It LAE E. MCCEARY - �Iwy Public ate V Texas Cwrmosor 0 1?;476W5 By 191re E. mcclary, Notary P+C . Mr corrlmiwon expires 3129/2026 ! .......... _ We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herbs cert4fv that the original PV&EROF ArrOF011Y of which tht fortg6rig is a Evil- true and cDrrea copy ►s stil in full 1we and effect and has rtat been rrvo4od. IN WI T-NESS WHERECIF, we hi►x hereunto set our hands, and affixed the Seal; of said Comparsam an the .22nd day & August 2024._ u sue Company i fA Srtnt 84a[y, Aslant Setretaty Ngrscet insurance Company /And W r'Na t)uis, As411 ary Arrr tni•'Umern •Ik*d m e",11t tote¢ abp e is t;R*4 eo4 4m +.S'Sut am vardrtf 42,?"14 roc VInr1[ietn of :tat arstrstrrr Cr fir d Rswc y�,r .sir er1l j 713}R:}Z�]o an i.-Y buynMs err trttV.`t!n S37 AAr aid 3 Cd Prf EST. Page 512 of 525 TEXAS STATUTORY PAYMENT BOND Bond No. 4471162 THE STATE OF TEXAS § THE COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: THAT WE, CAA_ Walker Construction _ —,as Principal. hereinafter Called "Principal" and the other subscriber hereto Smlec 1risuranr& Company , a corporation organized and existing under the laws of the State of Texa.S , 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 Million Thirty Soren Thou and Seventy Three------------------------ and Nol100 Dollars (S6.037,073.00-----) for payment whereof, the said Principal and Surety bind themselrres, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: W ifEREAS, Principal has entered into a certain contract with the City of College Station, dated the 22nd day of Au,ust .20 24 , for fiashmann Park f'nnces, inns BuiIdinp, Renavati�ns referred to and made a part hcreofas 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; I PROVIDED, HO%i'EVER, that this bond is executed pursuant to the provisions or Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitation of said Cade 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 bored, 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 TREREOF, the said Principal and Surety have signed and sealed this instrument on the rcspcctivc dates written below their signatures. Coetran No. 243W"2 Construction Av=mcnt (hcr S50.004 Form 04-20 2023 Page 513 of 525 Bond No. 447116 FOR THE CONTRACTOR: ATTEST & SEAL: of a corporation �(SEAI.) WITNESS: (if not a corporation) SEAS, A. Wag Cgns;ruction 1 arne of Contractor) By: Name: 7, Title: Date: August 22. 2424 FOR THE SURETY: ATTESTANITNESS (SEAL) By: ( I Name:. KourtneV eeco Titre: Account,g,r Date: Aug= ZL-.)Q24 FOR THE CITY: REN IENYED: City Attorney By C '.Name: G u a �, to-; K-_ rz Title: 12 ���� rr' 1•1� Date: _ August 2 - 2024 SureTec Imsurance Co,=nv (Full Name of Surety) ,U00 Arboretum Bird.. SjliW 400 ,dun. TX 7R744 (Address of Surety for Notice) By. Name: , Beverly A irtlanj Title: -Attorney-in-Fa Date: August 22. 2024 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager NOTE: Dare ofbonds must be an or &Aw the dale ofexecudon by C'it►: Contract No, 24300f=2 ConsirucUon Agreement Over S50.000 Forni 04-2,0-20'2 Page 514 of 525 POAM 4221114 JOINT LIMITED POWER OF ATTORNEY #AYQ'1V Alt MEN BY THESE PRESENTS-. Th 4t Sw'OK tnsurance Comptrty, a C4'Farattdn duly ofgaotied ar-d existieg or.Oee the laws of the$tateof TeAutaMhayrtgitt prindoal oft a ir1 the Ceiunty of 14;ims. Texas ziW Mars* lcho-Com;mny L a wooeatlan &ly orAaraxed and enaltrr4 urdee the laws of the state of lhnars, and having ti principal administrative olfte -n Glen Allen, Virgrad• dCrs by thK4 ofawnis rn;,iy, constAiKe andapponi- Kurt A. Rusk. Sharon Groppell. Roxanne G. Brune, David R. GropeA, Beverly A. 1re6md, Francine Hay, Gloria Mwisoi Wa, Wcheitt L. Bondurgnt, Kourtrtey Rteeoe Their trot and IAWIUI agcnt(Q 4i%d attdrncylsj in -fact, etch in Owst seporatt capacr:y snore than one 4 nansed above, to make. executf, seal and dehwtr toe and an their own behalf, indmidually as a s:ueiv or jointly, as co -sureties, and ks zl,*e act and deed airy and at# bonds and othar esndartaking m suretyship prornded, however, that the penal svrn of arrf one such rnsVurlent executed nett vssdrs shall nos r:teed th-e yxn of, One Hundred Million and Oaf 100 Dollars ($100,D00,000.OD) This Power of Attorney Is graMod and is signed and scaled under and by the authority of the folawing Resolutions adopted by the tlwrd of Directory of SurrTec Insurance Comparry and ?A#*ei lnsurbn(e Company: 'RESMVED, That chit Pfesident, any Sert+os Vke President- Vkj! Prosident, Aw%gant Vile Pmsldant.5tcreLxry ASSlstani Swetary, Tfe4w,i:r or ASsistom Treasurer and each of them to execute powers of attamcy, and such+,)vkhwity can be executed by vie of hC$vnilr Sittnatvfe. v%f4Ch ma r be attested n r a:knowsldw Or any off-w or Alton--ey. of the coenpany, qualApn$ the attomey or attCeneys named in the} S+eP.n p&a#r 01 attnrnay, to 00L:uttr n b4hsalf Of, and a:i nowtAdae as the act and irrte6 of rrsP SYwvT9C tnfur040 Company and htarkei lRturinte Company, as the Case mjv be, elf bond urxdertakings ar.d contracts of suretyship, and to affo the corporate seal thereto.' IN WtTNE5S WHER(OF, Markel srtsurante Companyard SureTet lisioTisnceComparry haw* uvied thlcr official seat to be Aerevmo affixed and thine+ pfPtPnts to be signttil by chair dolt authartred CHicers on ttsq 25rr dXr of M . SureTt:clnsearanceCampany O _,`�,���+���'` titer insurance f rtsp�arsy ry u� ' 6' . SEAL 1 �3��••.� nttchoM C iteeretg, President ~! :!�!�� n�Ain cc, Presidont 5;4te of Texas County of Hanes: Lf on tnd 2V, day of asr , X24 A- D.• baton rrsp, a doter) Pubxic of :he State of Texas, ir►and for the County df uarrti, dviy contra mioned and pwhfied. came THE AlD V( C>fft`.£RS OF 1Hf COMPAN1f S, to me;:ersonslby known to be She intlisrrduals Inxicifficefs desc6bed in. vr'so execmd Ow ¢retedingurprument, 3M tlwy icivsowltdVd the e>ecut,on of same, and ring by me duly Sworn, despnsed and said that they are the officers of the sad companies aforesaid, and that the :aces aff"d to the pfc-meding trtstfurnent arc the Corporate Seals of said Companies, and the sW Corporate Scats and their sgnatures as offxers were only 041ed a: A suhsrfibed v the svd inmrumenl by the authordy and direction of the uld companiC5, and that Resolutions adopted by thq Sowed QI Direttoom of wd CornoaAds r0ari to in tiprectel ft instrument is stow in forte. IN TESTIMONY WHEP1 F, I have hereunto set my hand, and affixed my Off 4l Seal St the County of t{arris, the dry and j*4r fsfit above written. ' ARAE E. MC:{:IAAY lourry Fultic 5tve 01. Texas = t Lo viwoo * i 29476*.5 fir ie E. �tcCfary, notary Public commission expires 3IM076 1 We, the undemitned Offlaers of SureTec Insurance Company and aiFarkel low"nce Compute do herby terttfy that tt•e original Pdr A*OF ATTC6RNEY of which Me foregoing is a full, tfud and correct copy is SWI an fuli force and ettect and tea$ not bw.. revoked. IN WITNESS WHEREOF, we haw hereunto set our hands, and affixed the Seals of said Companrts, on the -ZZA—day of 6ugal a24 ,fjcir sure Camp" i 1.1.3f nt3Caty, SLant Secret ary ntaf i8l .trsVsar{F Company f� %dnd w' hla quis, AsL41 arc Any 11siturnent Issutd,n eoctss or ere pealty vmd a:�r is fetal raid aid VAIMv A any artaily- 4M1 e s I For %*f$frAlMA of tht *Ahornr of thn rewl you may tail i7231812-0800 on Any buwaea dale ealreen 8.30 AM toll 5X0 Gl t CST. Page 515 of 525 SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the 5ureWs toll free telephone number for inf=ati'on or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at; PO Box 149104 Austin, Tx 78714- 9104 Fax#: 512-490.1007 Web: h:tDJA1Avw.tdi.sitate.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUMS OR CLAIMS DISPUTES; Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. if the dispute is not resolved, you may contact the Texas Department of Insurance. SIC Tx Rider TDI Required Notion rev 07_2022 POKM 10 1 Page 516 of 525 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 24300642 Construction Agreement Over $50,000 Form 04-20-2023 Page 517 of 525 DATE (MM/DDIYYYY) A� " CERTIFICATE OF LIABILITY INSURANCE 8/12/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (CONTACT Brady, Chapman, Holland & Associates I PHONE FAx 10055 West Gulf Bank (A/C. No. Ext): 713-688-1500 IA/C. Nor 713-688-7967 Houston TX 77040 I ADDRESS: ecerts@bch-insurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Continental Insurance Company 35289 INSURED INSURERB: Transportation Insurance Co. (CNA) 20494 C.A. Walker, Inc. dba C.A. Walker Construction I INSURERC: Valley Forge Insurance Co. 20508 P.O. Box 19069 I INSURER D : Houston TX 77224 I INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 1019165604 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 TYPE OF INSURANCE LTR INSD WVD POLICYNUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 7018191138 2/6/2024 2/6/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR PREM SESO(Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 PE 2,000,000 POLICY LOC PRODUCTS - COMP/OP AGG $ OTHER Ded: Prop Damage $ $2,000 B AUTOMOBILE LIABILITY 7018191141 2/6/2024 2/6/2025 COMBINED SINGLE LIMIT $ 1,000,000 (EaCO accident) X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY $ AUTOS ONLY AUTOS (Per accident) X HIRED X NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB I is I OCCUR 7018191169 2/6/2024 2/6/2025 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB H CLAIMS -MADE AGGREGATE $ 10,000,000 DED I X I RETENTION $ in ,,, $ C WORKERS COMPENSATION 7018191155 2/6/2024 2/6/2025 X I PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y ANYPROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N NIA ❑ (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment 7018191138 2/6/2024 2/6/2025 Any One Item $75,000 Any One Loss $150,000 Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The policy includes Blanket additional insured on the general liability per form CNA74705XX; CNA75079XX; and automobile per form CNA63359XX, with a waiver of subrogation on the general liability per form CNA74705XX, automobile per form CNA63359XX and workers compensation per form WC420304B when required by written contract. This insurance is primary and non-contributory as respects general liability CNA74705XX. RE: Project: Bachmann park, 1600 Rock Prairie Ave., College Station, TX 77845 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of College Station 1101 Texas avenue AUTHORIZED REPRESENTATIVE College station TX 77842 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 518 of 525 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. See attached pricing proposal... Contract No. 24300642 Construction Agreement Over $50,000 Form 04-20-2023 Page 519 of 525 CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute the City of College Station Construction Agreement, that this Proposal has not been prepared in collusion with any other Offeror, and that the contents of this Proposal have not been communicated to any other Offeror prior to the o)T4cial opening of this Proposal. Additionally, the undersigned affirms that the firm is filling to sign the enclosed City of College Station Construction Agreement. J ] Signed By:,,' erJ �/ vL�,Cl� rA- - Title: President Typed Name: Chris A. Walker Company Name: C.A. Walker Construction Phone No.: 713-956-7070 Fax No.: 713-957-3358 Email: Chrisw@cawalker.net Proposal Address: 1543 Silber Rd Houston Tx, 77055 P.Q. Box or Street Order Address: 1543 Silber Rd Houston Tx, 77055 P.D. Box or Street Remit Address: P.O Box 19069 and 19067 Houston Tx, 77224 P.O. Box or Street Federal Tax ID No.: 76-0428560 DUNS No.. 927 896 886 Date: 8/5/2024 City State Zip City State Zip PROPOSAL NO. 24-071 City State Zip Page 520 of 525 PROPOSAL FORM (Tab 4) Page 521 of 525 City of College Station Bachmann Little League and Senior League Buildings RFP (CSP) No - 24-071 Proposal Form — Competitive sealed Proposal Having examined the Contract Documents, including the Instructions to Bidders, Form of Agreement, the General and Supplemental Conditions of the Contract, the Drawings, Technical Specifications including Addenda numbered 1 through 5 inclusive, as prepared by Burditt Landi Place, agrees to perform the complete work in place required by the Documents for the following Lump Sum Prices. I:�a:�'I $ 6,037,073.00 Amount in Figures. Six Million Thirty Seven Thousand Seventy Three Dollars and Zero Cents Amount in Words (This Governs) Add Alternate No. 1 (Remove 8" concrete curb and replace with Grouted CMU Block at both Buildings) $ 12,000.00 Amount in Figures. Twelve Thousand Dollars and Zero Cents Amount in Words (This Governs) Total Sum of Proposal Including all Additive Alternate (Gen. Conditions, overhead and profit are to be attributed with each item) $ 6,049,073.00 Amount if Figures. Six Million Forty Nine Thousand Seventy Three Dollars and Zero Cents Amount in Words (This Governs) The work shall begin promptly after written notice by the City to the Contractor and shall progress regularly and uninterruptedly, except as may otherwise be ordered in writing by the City and shall be finished and fully completed within calendar days. Where applicable, if the Owner elects to subtract any or all of the Alternate items, the undersigned agrees to modify the Total Sum Bid as stipulated in the Total Contract Award above. Alternate amounts shall include all variations in profit, over -head, bonds, insurance, and other related items. Time of completion shall not be changed if alternates are subtracted. To be a valid bid, all alternates must be bid. A "no bid" on any alternate will be reason for rejection of the entire bid. Page 522 of 525 a 00] IN 9*631STIT161 7499R!ana To]YiFL10a 114@Lal Project: Bachmann Park 1600 Rock Prairie Ave. College Station, TX 77845 IDIV. SCOPE 101000 Permit 101000 Allowances C. A.LIPMALKER CONSTRUCTION SF: 3,200 Building Cost Per SF: $ 1,886.59 Date: 08/05/2024 DIVISION COST BREAKOUT AMOUNT $ $ 16,000.00 $ 16,000.00 02000 Sitework $ 1,281,556.21 Site Demo/Prep $ 67,800.00 SWPPP $ 4,627.44 Earthwork $ 110,000.00 Soil Treatment $ 1,250.00 Landscaping $ 54,300.93 Irrigation $ 20,268.65 Fencing $ 188,645.00 Utilities $ 797,552.80 Turf System $ 35,611.39 Striping $ 1,500.00 03000 Concrete 1 $ 743,000.00 Building Pads & Site Concrete $ 743,000.00 04000 Masorny 1 $ 611,943.00 Masonry, CMU, Brick $ 611,943.00 05000 Steel Metals $ 887,500.00 Structural Steel $ 767,500.00 1 Structural Steel Erection $ 120,000.00 06000 Wood & Plastics $ 82,381.66 Roof Trusses $ 26,203.00 Rough Carpentry/Blocking/Sheathing $ 56,178.66 07000 Thermal & Moisture Protection $ 531,997.30 Waterproojtng/Flashing/Site Sealant $ 86,235.00 Roofing Systems $ 340,613.30 Composite Wall Panels $ 105,149.00 08000 Doors & Windows $ 73,677.96 Doors/Frames/Hardware $ 44,925.00 1 Overhead Doors/Coiling Doors $ 14,200.00 Glass & Glazing $ 7,500.00 Installation Labor $ 7,052.96 09000 Finishes 1 $ 78,930.00 Drywall Framing/Drywall/Finishing $ 24,000.00 1 Paint $ 49,330.00 1 1 Sealed Concrete $ 5,600.00 1 10000 Specialties 1 $ 56,687.00 Knox Box $ 1,515.00 Lockers $ 4,928.00 Toilet Accessories $ 19,539.00 Fire Extinguishers and Cabinets $ 2,005.00 Toilet Partitions $ 11,530.00 Signage $ 17,170.00 11000 Equipment 1 $ 24,000.00 Appliances & Equipment $ 2,000.00 Netting System $ 22,000.00 15000 Mechanical 1 $ 505,681.00 Plumbing $ 276,500.00 Fire Sprinkler $ 39,695.00 HVAC $ 189,486.00 16000 Electrical 1 $ 208,279.44 Electrical $ 208,279.44 COST OF WORK SUBTOTAL $ 5,101,633.57 TOTALS Fran Tax & Insurance $ 90,030.37 General Contractor's Fee $ 356,822.54 General Conditions $ 488,586.27 Sales Tax (Tax Exempt) $ - Cost of Work (see Subtotal above) $ 5,101,633.57 Final Estimated Cost $ 6,037,073 Contractor acknowledges and includes the following Addenda: 1, 2, 3, 4, 5 Substantial Completion to be achieved _ calendar days from a NTP and release of applicable permits. Qualifications 1 Pricing is based of Plans, Specifications, and Addendums provided by the Architect. 2 Material Testing is to be by Owner, if needed to be picked. CAW can provide an add. 3 Proposal includes Permit Fee. 4 Due to Current Market Price Escalations Price is Only Valid for 60 Days, after the 60 Day mark Proposal is Subject to Price Revision to confirm Subcontractor Price is Valid. 5 Low Voltage is excluded, we do provide conduit. Page 523 of 525 EXHIBIT E CONSTRUCTION SCHEDULE August I st, 2025 for Substantial Completion... Contract No. 24300642 Construction Agreement Over $50,000 Form 04-20-2023 Page 524 of 525 EXHIBIT F SCHEDULE OF VALUES Contract No. 24300642 Construction Agreement Over $50,000 Form 04-20-2023 Page 525 of 525