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HomeMy WebLinkAbout11/25/2024 - Regular Agenda Packet - City Council(*OF"" CPFY OF COLLEGE STATION Home of Texas A&M University® November 25, 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. The City of College Station v. The Public Utility Commission of Texas, Cause No. D-1-GN-24- 005680 in the 200th District Court, Travis County, Texas. 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. Texas A&M University System v. BVGCD, et al, Cause No. 24-002626-CV-472, in the 472nd District Court, Brazos County. f. Legal advice related to College Station's water permits issued or pending from the Brazos Valley Groundwater Conservation District and any production or transport permits pending or issued from the Brazos Valley Groundwater Conservation District. g. Legal advice related to entering into a settlement agreement regarding an opioid settlement with Kroger. College Station, TX Page 1 Page 1 of 267 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. Planning and Zoning Commission b. City Manager c. Council Self -Evaluation 2.3. Security (Gov't Code Section 551.076 ); Possible action. The City Council may deliberate the deployment, or specific occasions for implementation, of security personnel or devices or a security audit. After executive session discussion, any final action or vote taken will be in public. The following subject may be discussed: a. Security related to City Hall and Council Chambers. 2.4. Competitive Matters (Gov't Code Section 551.086); Possible action. The City Council may deliberate, vote, or take final action on a competitive matter as that term is defined in Gov't Code Section 552.133 in closed session. The following is a general representation of the subject matter to be considered: a. Power Supply 3. The Open Meeting will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. 4. Pledge of Allegiance, Invocation, and Consider Absence Request. Speaker Protocol An individual who desires to address the City Council regarding any agenda item other than those items posted for Executive Session must register with the City Secretary two (2) hours before the meeting being called to order. Individuals shall register to speak or provide written comments at https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling 979-764- 3500. Upon being called to speak an individual must state their name and city of residence, including the state of residence if the city is located out of state. Speakers are encouraged to identify their College Station neighborhood or geographic location. Please do not carry purses, briefcases, backpacks, liquids, foods or any other object other than papers or personal electronic communication devices to the lectern, nor advance past the lectern unless you are invited to do so. Comments should not personally attack other speakers, Council or staff. Each speaker's remarks are limited to three (3) minutes. Any speaker addressing the Council using a translator may speak for six (6) minutes. The speaker's microphone will mute when the allotted time expires and the speaker must leave the podium. 5. Presentation - Proclamations, Awards, and Recognitions. 5.1. Presentation proclaiming the month of November 2024 as National Entrepreneurship Month. Sponsors: Brian Piscacek Attachments: 1. National Entrepreneurship Month Proclamation 6. Hear Visitors. During Hear Visitors an individual may address the City Council on any item which does not appear on the posted agenda. The City Council will listen and receive the information presented by the speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concern shall be directed to the City Manager. Page 2 November 25, 2024 Page 2 of 267 City Council 7. Consent Agenda. Presentation, discussion, and possible action on consent items which consist of ministerial or "housekeeping" items as allowed by law. A Councilmember may request additional information at this time. Any Councilmember may remove an item from Consent for discussion or a separate vote. 7.1. Presentation, discussion, and possible action of minutes for: • November 11, 2024 Special Meeting • November 14, 2024 Council Meeting Sponsors: Tanya Smith Attachments: 1. SPM111124 DRAFT Minutes 2. CCM111424 DRAFT Minutes 7.2. Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, "Traffic and Vehicles," Article II, "Stopping, Standing and Parking," Division 3 "Northgate Area" Section 38-104, of the Code of Ordinances of the City of College Station, Texas, by amending certain sections relating to exemptions. Sponsors: Debbie Eller Attachments: 1. Stasney Ordinance 7.3. Presentation, discussion, and possible action on a construction contract with Weisinger, Inc. for the Water Well No. 3 Rehabilitation project in the amount of $863,025 along with a contingency amount of $86,975 resulting in a total appropriation of $950,000. Approval of this item will authorize the City Manager to approve expenditures up to the contingency amount. Sponsors: Gary Mechler Attachments: 1. Bid Tabulation #25-003 2. Contract #25300096 7.4. Presentation, discussion, and possible action on a change order with Elliott Construction, LLC for $125,800 for construction services related to the Sandy Point Pump Station Wellfield Collection Line Ph#1 Rehabilitation project. Sponsors: Gary Mechler Attachments: 1. Change Order #1 7.5. Presentation, discussion, and possible action regarding a Semi -Annual Report on System -Wide Impact Fees for Water, Wastewater, and Roadway. Sponsors: Carol Cotter Attachments: 1. Impact Fee Semi -Annual Report - 20241007 2. Future Land Use Map (from FNI Report) 3. Service Area Maps -Water, Wastewater and Roadway 4. Status of Impact Fee CIP - Water Wastewater Roadway - September 2024 8. Workshop Agenda. 8.1. Presentation, discussion, and possible action regarding an update from College Station Emergency Management. Sponsors: Richard Mann Attachments: None 9. Regular Agenda. Page 3 November 25, 2024 Page 3 of 267 City Council 9.1. Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 0.077 acre portion of a 20-foot-wide public utility easement located along Lots 2-5, Block 25 of the Southern Pointe Subdivision, Section 200, Brazos County, Texas, according to the instrument recorded in Volume 14600, Page 73 of the Official Public Records of Brazos County, Texas. Sponsors: Lucas Harper Attachments: 1. Vicinity Map 2. Location Map 3. Application 4. Ordinance Southern Pointe—2 9.2. Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 0.005-acre portion of a 20-foot-wide public utility easement located over, across, and upon Lot 1, Block 25 of the Southern Pointe Subdivision, Section 200, Brazos County, Texas, according to the Easement recorded in Volume 14600, Page 73 of the Official Public Records of Brazos County, Texas. Sponsors: Lucas Harper Attachments: 1. Vicinity Map 2. Location Map 3. Application 4. Ordinance - Southern Pointe 9.3. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from PDD Planned Development District to PDD Planned Development District to amend the concept plan for approximately 11 acres generally located at 424 Northpoint Crossing Drive. Sponsors: Robin Macias Attachments: 1. Northpoint Ordinance 2. Background Information 3. Aerial and Small Area Map 4. Existing Future Land Use Map 5. Rezoning map 6. Rezoning exhibit 7. Applicant's Supporting Information 8. Existing Concept Plan 9. Revised Concept plan 9.4. Presentation, discussion, and possible action regarding the appointment of Councilmember to the Council Transportation Committee and Chair to the Bicycle, Pedestrian, and Greenways Advisory Board or designee. Sponsors: Tanya Smith Attachments: None 9.5. Presentation, discussion, and possible action regarding the appointment of a Planning and Zoning Commission Chair. Sponsors: Tanya Smith Attachments: None 10. Items of Community Interest and Council Calendar. Page 4 November 25, 2024 Page 4 of 267 City Council Items of Community Interest and Council Calendar: The Council may discuss upcoming events and receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. 11. Council Reports on Committees, Boards, and Commissions. A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items. A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member's or City Staff's response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. 13. Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. I certify that the above Notice of Meeting was posted on the website and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on November 20, 2024 at 5:00 p.m. t- k City Sec etary 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. Page 5 November 25, 2024 Page 5 of 267 City Council 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 & 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 6 November 25, 2024 Page 6 of 267 November 25, 2024 Item No. 5.1. National Entrepreneurship Month Proclamation Sponsor: Brian Piscacek, Assistant Director - Economic Development Reviewed By CBC: N/A Agenda Caption: Presentation proclaiming the month of November 2024 as National Entrepreneurship Month. Relationship to Strategic Goals: • Good Governance • Diverse & Growing Economy Recommendation(s): Staff recommends that the City Council receive the proclamation. Summary: National Entrepreneurship Month is a celebration observed each November in the United States to honor the contributions of entrepreneurs to the economy, society, and culture. It highlights the importance of entrepreneurship in driving innovation, creating jobs, and fostering economic growth. Budget & Financial Summary: N/A Attachments: 1. National Entrepreneurship Month Proclamation Page 7 of 267 N ProcCamation WHEREAS, entrepreneurship has long been the cornerstone of innovation, economic growth, and job creation in our nation; and WHEREAS, entrepreneurs are visionaries who take risks, drive progress, and create opportunities that improve the lives of individuals, families, and communities; and WHEREAS, the spirit of entrepreneurship fosters creativity, resilience, and the pursuit of excellence, empowering individuals to transform their ideas into action, overcome challenges, and build sustainable enterprises; and WHEREAS, small businesses, many of which are founded by entrepreneurs, are essential to the local economy and create thousands of jobs for individuals in the College Station community; and WHEREAS, National Entrepreneurship Month provides an opportunity to recognize the contributions of entrepreneurs at all stages, from startups to established businesses. It's a time to celebrate their achievements, successes, and contributions to society and to encourage them to keep pushing the boundaries of innovation. NOW, THEREFORE, I, John P. Nichols, Mayor of the City of College Station, do hereby proclaim the month of November 2024 as National Entrepreneurship Month in recognition of the vital role entrepreneurs play in shaping our future. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas, this 25th day of November 2024. John P. Nichols, Mayor Attest: Tanya Smith, City Secretary Page 8 of 267 November 25, 2024 Item No. 7.1. November 11th and 14th Council Meeting Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • November 11, 2024 Special Meeting • November 14, 2024 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. SPM111124 DRAFT Minutes 2. CCM111424 DRAFT Minutes Page 9 of 267 MINUTES OF THE CITY COUNCIL SPECIAL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION NOVEMBER 11, 2024 STATE OF TEXAS COUNTY OF BRAZOS Present: John P. Nichols, Mayor Council: Mark Smith William Wright Linda Harvell — absent 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 Manager 1. Call to Order and Announce a Ouorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Nichols via In -Person and Teleconference at 4:01 p.m. on November 11, 2024, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. SPECIAL ITEMS 2.1. Presentation, discussion, and possible action regarding the approval of a Plug & Plav LLC funding agreement between the Citv of College Station and the Greater Brazos Vallev Partnership. Michael Ostrowski, Chief Development Officer, stated that the Economic Development Committee discussed a Plug & Play LLC funding agreement with the Greater Brazos Partnership (formally BVEDC) regarding an arrangement with an innovation platform to drive and attract business growth opportunities in the Brazos Valley region through a startup accelerator program. The request is for $250,000 from the city annually for a period of three years. Texas A&M, the City of Bryan, and the Greater Brazos Partnership would also be funding partners. Funding Agreement with Greater Brazos Partnership (GBP) • Startup accelerator program SPM111124 Minutes Page 1 Page 10 of 267 • Focus on verticals — Aerospace and Defense • Four employees and establishment of an office in both College Station and at RELLIS • Will accelerate two groups of startups per segment (year), deal flow sessions of six per segment, community events (e.g. pitch sessions) • $1.5 million per year for 3 years • Funding split (per year): TAMU - $750,000; City of College Station, City of Bryan, and Greater Brazos Partnership - $250,000 each • Plug and Play's agreements are with TAMU and GBP. Cities then have a separate funding agreements with GBP MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Yancy, the City Council voted five (5) for and none (0) opposed, to direct the City Manager to negotiate and enter into an agreement between the City of College Station and the Greater Brazos Partnership for the funding of a Plug & Play LLC startup accelerator program and bring that contract back to council for ratification. The motion carried unanimously. 3. Adiournment. There being no further business, Mayor John P. Nichols adjourned the Special Meeting of the City Council at 4:17 p.m. on Monday, November 11, 2024. John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary SPM111124 Minutes Page 2 Page 11 of 267 MINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION NOVEMBER 14, 2024 STATE OF TEXAS § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith William Wright David White Melissa McIlhaney Bob Yancy Scott Shafer Citv Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Deputy City Attorney Ian Whittenton, Deputy City Secretary Kim Dickey, Records Management Administrator 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 3:01 p.m. on November 14, 2024, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. Councilmember Cunha was absent. 2. Canvassing of Election. 2.1. Presentation, discussion, and possible action of Ordinance No. 2024-4559 of the City Council of the Citv of College Station, Texas, canvassing returns and declaring results of the general election, held on November 5, 2024 for the purpose of electing a Citv Council Member, Place 3, a Citv Council Member, Place 4, a Citv Council Member, Place 5, and a Citv Council Member, Place 6. (Presentaci6n, discusi6n, v vosible acci6n acerca de una ordenanza no. 2024-4559 del conseio de la ciudad de College Station, Texas, Para escrutinar los resultados de los votos v declarando los resultados de las elecciones esveciales, celebrada el 5 de noviembre de 2024 con el prov6sito de ele0r un Miembro del Conceio Municipal, Lugar 3, un Miembro del Conceio Municipal, Lugar 4, un Miembro del Conceio Municipal, Lugar 5, v un Miembro del Conceio Municipal, Lugar 6.) Ian Whittenton, Deputy City Secretary, presented the results of the General Election to Councilmembers Place 3, 4, 5 and 6: CCM 111424 Minutes Page 1 Page 12 of 267 Councilmember, Place 3 David White 20,218 Valen Cepak 7,464 Councilmember, Place 4 Melissa McIlhaney 19,243 Aron Collins 8,486 Councilmember, Place 5 Bob Yancy 25,997 Councilmember, Place 6 Tre Watson 13,727 Scott Shafer 13,948 David White, Melissa McIlhaney, Bob Yancy, and Scott Shafer each received a majority of the votes cast for their respective race and were declared elected. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Yancy, the City Council voted seven (6) for and none (0) opposed, to adopt Ordinance No. 2024-3559, canvassing returns and declaring results of the general election, held on November 5, 2024 for the purpose of electing a City Council Member, Place 3, a City Council Member, Place 4, a City Council Member, Place 5, and a City Council Member, Place 6. The motion carried unanimously 2.2. Issuance of Certificates of Election to elected Citv Council Member Places 3, 4, 5 and 6., and administer Oaths of Office. (Emisi6n de Certificados de Elecci6n a Conceiales electos Lugares 3, 4, 5 v 6; v administrar iuramentos de cargo.) Judge Spillane administered the oath of office to David White, newly elected Councilmember, Place 3; Melissa McIlhaney, newly elected Councilmember, Place 4; Bob Yancy, newly elected Councilmember, Place 5; and Scott Shafer, newly elected Councilmember, Place 6. Mayor Nichols and City Manager Woods presented Councilmembers Harvell and Maloney with a street sign bearing their name and place number. The Council Meeting recessed at 3:16 p.m. for a reception honoring former Councilmembers Linda Harvell, Councilmember, Place 3; Elizabeth Cunha, Councilmember Place 4; and Dennis Maloney, (Mayor ProTem) Councilmember Place 6. 3. Reception. Mayor Nichols recessed the meeting for the reception at 3:16 p.m. The meeting resumed at 3:52 p.m. 4. Executive Session Agenda. CCM 111424 Minutes Page 2 Page 13 of 267 In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.072- Real Estate, §551.074-Personnel, and the College Station City Council convened into Executive Session at 3:52 p.m. on November 14, 2024, to continue discussing matters pertaining to: 4.1. Consultation with Attornev to seek advice regarding pending or contemplated litigation, to wit: • Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas; and • 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 • The City of College Station v. The Public Utility Commission of Texas, Cause No. D-1-GN- 24-005680 in the 200th District Court, Travis County, Texas; and • Cynthia Hopkins & Geoffiy Hopkins v. City of College Station, Cause No. 23-002880-CV-85 in the 85th District Court, Brazos County Texas. • Texas A&M University System v. BVGCD, et al, Cause No. 24-002626-CV-472, in the 472na District Court, Brazos County. • Legal advice related to College Station's water permits issued or pending from the Brazos Valley Groundwater Conservation District and any production or transport permits pending or issued from the Brazos Valley Groundwater Conservation District. 4.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. • Approximately 1.5 acres of land located 301 Patricia Street and review of the sealed bids submitted under bid number 24-073. • Approximately 8 acres of land located at 1508 Harvey Road. • Approximately 300 acres generally located at Corporate Parkway and Midtown Drive in the Midtown Business Park. 4.3. Deliberation on the appointment, emvlovment, evaluation, reassignment, duties, discipline, or dismissal of a public officer, to wit: • City Manager • Council Self -Evaluation 5. 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 6:20 p.m. No action was taken. 6. Pledge of Allegiance, Invocation, consider absence request. 7. Hear Visitors Comments. Mayor Nichols and City Manager Woods presented Councilmember Cunha with a street sign bearing her name and place number. Elizabeth Cunha, Shenandoah neighborhood in College Station, came before Council to congratulate the candidates who were in the last election on a well -run campaign. For the elected, she encouraged them to be who they would want to see in office, work though mistakes and hard times, and hoped CCM 111424 Minutes Page 3 Page 14 of 267 that they would leave the office they hold enlightened and hopeful. She also thanked staff, past and present, who do the work everyday that makes a difference in the community. 8. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. Item 8.2, 8.3, and 8.4 was pulled from Consent for clarification. (8.2) Jennifer Cain, Director of Capital Projects, explained how the budget and estimated costs of a project are communicated to council. She also spoke to the invitation to bid process and how contracts are awarded. (8.3) Jennifer Cain, Director of Capital Projects, gave a brief overview of the contract review process. (8.4) Jennifer Cain, Director of Capital Projects, gave a brief overview of the construction sealed proposal process and other methods of securing services and contracts. 8.1. Presentation, discussion, and possible action of minutes for: • October 24, 2024 Council Meeting 8.2. Presentation, discussion, and possible action on approval of a construction contract with Sadie Burche, LLC. in the amount of $271,463 for the remodel of a portion of the Carter Creek Wastewater Treatment Plant Office, plus the Citv's contingencv in the amount of $27,146 for a total appropriation of $298,609. Approval of this item grants authoritv for the Citv Manager to authorize expenditures up to the Citv's contingencv amount. 8.3. Presentation, discussion, and possible action on a construction contract with G.A.M. Construction, Inc. in the amount of $113,900 for the VPAC Cabinets & Counters Proiect. 8.4. Presentation, discussion, and possible action on a construction contract with Musco Sports Lighting, LLC for the Pickleball and Futsal Courts at Anderson Park in the amount of $313,068 and for Bee Creek and Central Park Tennis Courts Rehabilitation proiect in the amount of $334,506 for a total combined amount of $647,574. 8.5. Presentation, discussion, and possible action on the Office of the Governor's Victim Services Grant Resolution No. 11-14-24-8.5. 8.6. Presentation, discussion, and possible action on Resolution No. 11-14-24-8.6 and letter agreement that concurs with the Texas Department of Transportation's (TxDOT) de minimis impact determination for the Smith Tract Park property regarding the State Highwav 6 Central BCS lane expansion proiect and future Highwav 30 roundabout. 8.7. Presentation, discussion, and possible action on a construction contract with Becker Arena Svstems for the dasher board systems and goals for the Futsal (Multi -use) Courts at Anderson Park for $229,440. CCM 111424 Minutes Page 4 Page 15 of 267 MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember McIlhaney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda. The motion carried unanimously. 9. WORKSHOP ITEMS 9.1. Presentation, discussion, and possible action retarding a presentation and update on the Mabel Clare Thomas Park Redevelopment Proiect. Kelsey Heiden, Parks and Recreation Director, stated that this project is part of the 2022 voter - approved bond initiatives and aims to enhance one of the community's most cherished parks, while preserving its historic character and charm. The presentation provided City Council with an overview of the proposed Mabel Clare Thomas Park master plan for consideration. Background and Timeline ■ 2022 Bond Passed ■ 2023 Concept Development ■ Park Vision Plan (2021) ■ Texas A&M Student Work (2020) ■ The Eastgate Neighborhood Plan (2011) ■ 2024 Public Engagement Touchpoints ■ Public Meeting ■ Parks and Recreation Advisory Board ■ Online Survey Public E Proposed Master Plan Existing Amenities A. Multi -purpose Lawn B. Playground C. Fitness Station D. Basketball Court E. Tennis Court CCM 111424 Minutes Proposed Amenities 1. Gilchrist Arrival 9. Picnic Space 2. Pavilion 10. Multi -purpose Lawn 3. Restrooms 11. Overlook 4. Play Village 12. Naturalized Drainage 5. Play Lawn 13. Improved Fitness Trail 6. Active Play 14. Arrival Plaza 7. Swings 15. Fitness Station 8. Exploration Play 16. Additional Trees Page 5 Page 16 of 267 Diane Davis, College Station, came before Council to state that she generally believes this is a wonderful concept plan but would like to see more details about the lighting on the basketball court and seating. MOTION: Upon a motion made by Councilmember McIlhaney and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to direct staff to move forward with a design contract based on the presented plan. The motion carried unanimously. 9.2. Presentation, discussion, and possible action regarding the economic impact of large summer events and the upcoming 2024 Christmas in College Station campaign. Jeremiah Cook, Tourism Assistant Director, provided an overview of the 2024 summer season which brought many large events to College Station helping to drive economic impact through tourism during typically slower months. Aside from multiple annual youth sporting events and conventions, the George Strait concert and MEXTOUR Soccer match in June, and the USATF Junior Olympic National Championships in July brought an increase of 30.6% in June and 58.6% in July year over year in hotel occupancy taxes. The events also helped contribute to an increase of 7.3% in June and 8.3% in July in sales tax year over year. Mr. Cook went on to stated that the annual Christmas in College Station campaign including the brand refresh, a renewed partnership with Santa's Wonderland along with more visibility in Santa's Wonderland, new sponsor Texas Music Scene with 21 million viewers and multiple December airings for their Christmas special featuring adds for Christmas in College Station, new Aggieland Express Pass for local partners, and key annual events as cornerstones of the 2024 season. 9.3. Presentation, discussion, and possible action regarding the FY2024 Comprehensive Plan and Unified Development Ordinance (UDO) Annual Review. Christine Leal, Planning and Development, provided a brief update on the FY2024 Comprehensive Plan & Unified Development Ordinance (UDO) Annual Review that highlights the major Comprehensive Plan initiatives that occurred during FY2024. It covered the Comprehensive Plan and all associated master plans, programs, and small area plans. The review also included amendments that were made to the UDO, which helps implement the Comprehensive Plan's vision. This Annual Review is organized into the following categories and each item is labeled with its associated plan(s), as applicable: • Associated Plans and Small Area Plans; • Infrastructure projects that were completed, under construction, or under design; CCM 111424 Minutes Page 6 Page 17 of 267 • Programs that were hosted by City departments; • UDO Amendments; and • Implementation Progress Report (98 Action Items) o Achieved — 5% o On Track — 83% o Off Track — 0% o At Risk — 1 % o Not Started — I I % Ms. Leal explained that in FY2025, the city will initiate a process to evaluate and update the Comprehensive Plan. The Comprehensive Plan calls for an Evaluation and Appraisal Report to be prepared every five years by City staff with input from the community, various City departments, the Planning and Zoning Commission, and other appropriate boards and commissions. The purpose of the evaluation is to identify the successes and shortcomings of the Plan, consider changing conditions, and recommend appropriate updates. Ultimately, the Report will provide a review of the basic conditions and assumptions related to College Station's growth, an evaluation of the 5-year implementation progress, and may recommend updates to the existing Comprehensive Plan. 12. REGULAR ITEMS 10.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024-4560 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 SC Suburban Commercial to O Office for approximately 2.08 acres at 4205-4211 Rock Prairie Road, being Lots 1-4. Block 1 of the Waterford Heights Phase 1 Subdivision, eenerally located east of the intersection of Rock Prairie Road and Bird Pond Road. Jeff Howell, Planning and Development, stated this request is to rezone approximately 2.08 acres of land being four platted lots generally located at 4205 thru 4211 Rock Prairie Road from SC Suburban Commercial to O Office. The subject properties were originally platted in 2019 as part of a larger subdivision which also included residential properties as well. The applicant intends to rezone the four lots adjacent to Rock Prairie Road to allow for office use. While office uses are permitted within the existing zoning district, the applicant indicates that the commercial uses currently allowed may not be as suitable to the adjacent neighborhood. This item was heard at the October 17th, 2024 Planning and Zoning Commission meeting where the Commission voted 4-0 to recommend approval. At approximately 8:00 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:00 p.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024-4560, 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 SC Suburban Commercial to O Office for approximately 2.08 acres at 4205-4211 Rock Prairie Road, being Lots 1-4, Block 1 of the Waterford Heights Phase 1 CCM 111424 Minutes Page 7 Page 18 of 267 Subdivision, generally located east of the intersection of Rock Prairie Road and Bird Pond Road. The motion carried unanimously. 10.2. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2024-4561 vacating and abandoning a 0.139-acre portion of a 10-foot-wide utilitv easement located along Lots 1-7, Block 1 of the Needham Estates Subdivision, College Station, Brazos Countv, Texas, according to the final plat recorded in Volume 276, Page 301 of the Deed Records of Brazos County, Texas. Lucas Harper, Planning and Development, stated this the utility easement abandonment is being requested by the applicant as a result of a desire to revise the lot layout and construct a common area and storm -water detention facility. The proposed layout necessitates relocating the utility easement at the front of both rows of lots in the future subdivision. The originally dedicated easement was not utilized by utilities, a future public utility easement will be dedicated along the frontage of the new lots and the existing 60-foot right-of-way of Jamey Lane will remain in place to provide access and utilities to the lots. The utility easement is located approximately 139 feet southwest and parallel to Jamey Lane, extending down the rear lot lines of Lots 1-7, Block 1 of the Needham Estates Subdivision, also currently known as 2522 Barron Road. At approximately 8:06 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:06 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember McIlhaney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024- 4561, vacating and abandoning a 0.139 acre portion of a 10-foot-wide utility easement located along Lots 1-7, Block 1 of the Needham Estates Subdivision, College Station, Brazos County, Texas, according to the final plat recorded in Volume 276, Page 301 of the Deed Records of Brazos County, Texas. The motion carried unanimously. 10.3. Public Hearing, presentation, discussion, and possible action regarding Resolution No. 11- 14-24-10.3 authorizing a grant application to the Texas Water Development Board for the installation of a phase of the Flood Early Warning Svstem. Carol Cotter, Planning and Development, stated this in April 2024, the City submitted an Abridged Funding Application for projects that would be eligible as part of the Intended Use Plan developed by the Texas Water Development Board for the Flood Infrastructure Fund. The application submitted included a request for approximately $90,000 to fund a phase of a Flood Early Warning System (FEWS) that would install three stormwater gauges with associated flood warning flashers and alert system to notify drivers, residents and emergency responders of the potentially hazardous conditions of roadway flooding with significant rainfall events that could threaten life, safety and property. In addition, the FEWS system will collect critical rainfall and stream data which can be used for future drainage projects and studies. The Abridged Application was approved by the Texas Water Development Board to allow for the submission of the full application for funding. The City of College Station is eligible for an amount being 40% of the project in grant funds, not to exceed $50,000. The Drainage Fund will cover the remainder of the installation and continued operation and maintenance. The proposed resolution will allow staff to submit the full application for funding and authorize the City Manager to sign all CCM 111424 Minutes Page 8 Page 19 of 267 documents related to the grant. A public hearing is included with this item as required. The application is due November 19, 2024. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 11-14-24-9.3, authorizing a grant application to the Texas Water Development Board for the installation of a phase of the Flood Early Warning System. The motion carried unanimously. 10.4. Presentation, discussion, and possible action on an interlocal agreement with the Citv of Brvan for approval and access to Citv of Brvan properties and right-of-wav for the Northeast Trunkline Phase 4 Sewer Proiect. Bryan Woods, City Manager, stated this this proposed Interlocal Agreement (ILA) between the City of College Station and the City of Bryan establishes a collaborative framework for the Northeast Trunkline Phase 4 sewer project. The project is designed to expand sewer capacity in College Station's northern service areas, including the Northgate District, and includes upgrades to the Hensel Park Lift Station, its force main, and the installation of a large -diameter trunkline. Some sections of the sewer lines are proposed to be located within City of Bryan rights -of -way and properties, and this agreement ensures College Station has the necessary approval to proceed with the infrastructure in those areas. The ILA also outlines both cities' willingness to decommission College Station's Valley Park Lift Station, located near FM 2818 and FM 60. Under the agreement, the City of Bryan will contribute up to $200,000 toward a future project to redirect sanitary sewer flow and transfer the affected service area to the City of Bryan. Additionally, the agreement includes provisions for the City of Bryan to potentially provide some level of sewer service to areas north of Highway 30, between Elmo Weedon Road and Cole Lane, upon completion of the City of Bryan's proposed east side wastewater treatment plant. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember White, the City Council voted seven (7) for and none (0) opposed, to approve an interlocal agreement with the City of Bryan for approval and access to City of Bryan properties and right-of-way for the Northeast Trunkline Phase 4 Sewer Project. The motion carried unanimously. 10.5. Presentation, discussion, and possible action on Change Order No. 2 for the Northeast Sewer Trunk Line Ph IV Proiect design contract with Kimlev-Horn and Associates, Inc., not to exceed $1.030.400. Jennifer Cain, Capital Projects Director, stated this the City of College Station approved a contract in 2022 with Kimley-Horn and Associates, Inc. for the design of the Northeast Sewer Trunk Line Phase IV. The design will include installation of a sewer trunk line which will serve areas of the community including the University Corridor and Northgate. This project will allow for continued development in this area which could soon be limited by existing sewer capacity. The contract amendment allows for the design of the lift station in order to reroute the sewer trunk line to Cooner Street/Chimney Hill instead of through the Beverley Estates neighborhood in Bryan. A budget of $26,200,000 is included in the Wastewater Capital Improvement Projects Fund for this project. A total of $1,587,941 has been spent or committed to date, leaving a balance of $24,612,059 for this change order and future costs. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve Change Order No. 2 for the CCM 111424 Minutes Page 9 Page 20 of 267 Northeast Sewer Trunk Line Ph IV Project design contract with Kimley-Horn and Associates, Inc., not to exceed $1,030,400. The motion carried unanimously. 11. Items of Communitv Interest and Council Calendar: The Council may discuss upcoming events and receive reports from a Council Member or Citv Staff about items of communitv interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information revardine holidav schedules; honorary or salutary recovnitions of a public official, public emplovee, or other citizen, reminders of upcoming events organized or sponsored by the Citv of Colleee Station; information about a social, ceremonial or communitv event organized or sponsored by an entitv other than the Citv of Colleee Station that is scheduled to be attended by a Council Member, another citv official or staff of the Citv of Colleee Station; and announcements involving an imminent threat to the public health and safetv of people in the Citv of Colleee Station that has arisen after the postinv of the aeenda. Nothing to report at this time. 12. Council Reports on Committees, Boards, and Commission: A Council Member may make a report reeardine meetings of Citv Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Nothing to report at this time. 13. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to 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 standine list of council venerated future aeenda 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 existinv volicv in response to the request or inquirv. Anv deliberation of or decision about the subiect of a request will be limited to a proposal to place the subiect on the aeenda for a subsequent meetinv. Councilmember Yancy requested an item for an in-house Northgate small area plan to include stakeholder input and community outreach. 14. Adiournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 8:43 p.m. on Thursday, November 14, 2024. John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary CCM 111424 Minutes Page 10 Page 21 of 267 November 25, 2024 Item No. 7.5. Amend Sec. 38-104 Sponsor: Debbie Eller, Director of Community Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, "Traffic and Vehicles," Article II, "Stopping, Standing, and Parking," Division 3 "Northgate Area" Section 38-104, of the Code of Ordinances of the City of College Station, Texas, by amending certain sections relating to exemptions. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The Stopping, Standing, and Parking Article for the Northgate Area includes exemptions for payment of parking fees for religious activities within the district. The Islamic Community of Bryan/College Station recently requested an extension of hours on Friday as they have experienced an increase in the growth of their membership and have increased the number of services on Friday. The current exemption period is Friday, from 12:30 p.m. to 2:30 p.m. This ordinance will extend the hours for the exemption from paying parking fees in the 300 and 400 blocks of Stasney Street and Tauber Street on Friday to the hours of 12:30 p.m. and 3:30 p.m. Budget & Financial Summary: N/A Attachments: 1. Ordinance Page 22 of 267 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38, "TRAFFIC AND VEHICLES," ARTICLE II, "STOPPING, STANDING AND PARKING," DIVISION 3 "NORTHGATE AREA," SECTION 38-104, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO EXEMPTIONS; 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 II, "Stopping, Standing and Parking," Division 3 "Northgate Area," Section 38-104 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 23 of 267 ORDINANCE NO. Page 2 of 3 PASSED, ADOPTED and APPROVED this day of , 20_ ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Ordinance Form 8-14-17 Page 24 of 267 ORDINANCE NO. Page 3 of 3 EXHIBIT A That Chapter 38, "Traffic and Vehicles," Article II, "Stopping, Standing and Parking," Division 3 "Northgate Area," Section 38-104 (c) of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: (c) Friday 12:30 p.m. and 3:30 p.m. parking. A person may park a motor vehicle at the on - street parking meters on the 300 and 400 blocks of Stasney Street and Tauber Street on Friday between the hours of 12:30 p.m. and 3:30 p.m. and is exempt from the above fees. Ordinance Form 8-14-17 Page 25 of 267 November 25, 2024 Item No. 7.3. Water Well #3 Rehabilitation Project Sponsor: Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a construction contract with Weisinger, Inc. for the Water Well No. 3 Rehabilitation project in the amount of $863,025 along with a contingency amount of $86,975 resulting in a total appropriation of $950,000. Approval of this item will authorize the City Manager to approve expenditures up to the contingency amount. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The City of College Station's water supply is sourced from ten groundwater wells owned and operated by the City. As part of the Water Services Department's asset management program, City -owned wells undergo regular rehabilitation to enhance production, reliability, and efficiency. The rehabilitation process typically involves cleaning well screens, replacing or lowering pumping equipment, and implementing other necessary improvements. This contract pertains to the rehabilitation of City -owned Water Well #3 and includes additional alternative bid items 8-A, 9-A, 11-A, 13-A, 14-A, 15-A, 16-A, and 17-A, alongside the base bid. Budget & Financial Summary: Water capital funds are budgeted and available for this contract. Attachments: 1. Bid Tabulation #25-003 2. Contract #25300096 Page 26 of 267 Oty & Cortege Statmn - Old Pone 25-003 ReM1 Wht.bon of W.-Well Na 3 B,d Opening Tuesday, 0-8, 2024 Please [vpe or write legibly in blue or black ink A unit price is required for all bid items If there are tliszrepanciez between ..it prizes and totals, the ..It prize will prevail ALSAY, INC. Please initial all zonections antl tlo not round totals C&C WATER SERVICES HYDRO RESOURCES MDC. WEISINGER A IAGfNEML-WATER WELL NO 3 Wrter Well Na 3-Con[ra<tar mob,lrsa[,an antl demob,lrsa[,an antl delrveryaf serv,ce rig antl all equipment, materials antl p.'wnnel to $ 31,50000 $ 31,50000 $ 20,00000 20000 $ 250,871 DO $ 250,87100 $ 1],50000 $ 1],500 antl tram Cortractar office/ yard, subcontractors and lob sde, inzlud.9 bonds, insurance, etc Complete as spenfied Al 1 LS Provide performance and payment bondsfor Water Well N. $ 16,00000 $ 1800000 $ 65,0000065000 $ 15,24500 $ 15,24500 $ 13,48000 $ 13,48000 Rework A2 1 LS SOBTOTAL A GENE- $ IB WATER WELL NO3 49,50000 $ 85,00000 $ 266,11600 $ 30,98000 Conduct and submit a written test report and data for a -11 and well pumping equipment perormance cest at3 pumping rotes and $ s d,scnar to doc- the basehne field performance poor 2,]OOOD $ 2,70000 $ 2,00000 $ 2,00000 $ 2,36800 $ 2,36600 $ 1,00000 $ 1,00000 ro beginning work B-1 LS Remove antl inspect exptmg well mata', well d,scharge h-, pump column assembly and pump bowl, antl provide written,nspecbon $ 62 1 LS '.part; Compl.teasspenFi.d 21,64500 $ 21,14111 $ 18,00000 $ 18,00000 $ 13,1221 $ 13,12211 $ 46,20000 $ 4"21111 Bail o,l tram the well antl dispose of properly Pertarmawell v,deo urv.yof.nbre well depth,rterval and prov,de acceptable electronic $ 3,26500 $ %79500 $ 5,50000 $ 16,50000 $ 1,]8300 $ 5,34900 $ 3,10000 $ 9,30000 selectetl v,tlea images and written report of each video survey, Complete as spenfied &3 3 EA Furnish, ,nrtall and reort,N sized -1 tank(,) and d,vcharged„charge poof p ping ro convey water to atatne wellzue during pumping, letting or testing operanonz plus 5 9,00000 $ 9,00000 $ lD50000 $ 10,500 Do $ 31,97$OD $ 31,97500 $ 1,95000 $ l,5)5000 and,urtac and gra nod or better common that -d prior to work, Complece as spenfied 14 1 U Peftmmethan,cal deamng(wne brushing)af the 9-5/8-mcM1 well $ 54000 $ 21,60000 $ 70000 $ 28,00000 $ 1,03800 $ 41,52000 $ 34000 $ 13,60000 BS 40 HR en,2,430 to 2,920fert, 462 feet of ttreen, Complete .,spenfied e6 30 AR =-tha,ndremave the Fill material and sediment tram the bottom of $ tie well, Complete as spenfied 41500 $ 12,45000 $ ]5OW $ 22,50000 $ ]89 DO $ 23,670 DO $ 34000 $ 10,20000 Perform chlorine treatment of 9-5/8 inch well screens lb ­ ,el, and agd.t, chlorine,nta 9-5/8mcM1 screen, 2,430 to 2,920 f.rt, 462 feet $ ofscreen,andIrtoutandneutralizechla"nated waterfromth well prior to dh-h.'ge, Complete as spenfied 6] 1 m 17,14()00 $ 17,640 DO $ 37,00000 $ 3],00000 $ 40,34300 $ 40,343 DO $ 20,84000 $ 20,84000 Perform and treatment of 9-5/8-h well screens using,nlemon antl with a noble disk su ge block ag,taro with 15%Hytlrocnlon c o-hl5%OC-21, Mapco 224 or Nu well-3101igmd en --or tlz of Rotl,ne 103 ac,tl corms,on,nM1,bdor or $ ved equal per, 1,000 gallons of ecitl (all - x,c for potable 52,4]000 $ 52p]000 $ 69,00000 $ 69,00000 $ 110,]3$ 4.00 110,73400 $ 3],61$ 3],61500 500 11111,1111 1--,rich 11,11" 1-1-1 2,431to 2,920 feet, 462 feet of gallons of HCL ac,tl at m,n,mum 5 0 gallons perfoot 5/8.2,300 inchscreen,Complete p-D.d &8 1 LS Perform -Idt pumping,.Dtahan wdh double d,sk surge block agdata', antl neuttah t-of chem,cals following them,cal treatment, $ Complete as spenfied 45OW $ 13,50000 $ ]5000 $ 22,500 DO $ ]I]00 $ 21,51000 $ 340. $ 10,20000 &9 30 HR Pertgrmsanor(.t,ngaf9-5/8,tichzcreen,nterva12,430to2,920feet, $ 610 m Complete .,spenfied 1 54,00000 $ 54,00000 $ 17,50000 $ 1],50000 $ 15,481 DO $ 15,48100 $ 6,30000 $ 6,30000 Furnish tie cal turb,ne, I,ne shalt, per nip bowlwM des,gn cond,nons of -p l -1 at 595 feel of total i ng-c head ITDHI steel bowl shaft and bowl coupling wan ss 1111rtmnlez, pump wonew : n 12pamp,amm�ro, pe Oengtn ,stasteel cone stra,ner, Complete az $ of 10 feet an or tl inless new5 72,99000 $ 72,99000 $ ]],OD000 $ ]],00000 $ 72,526.00 $ ]2,52600 $ 67,09000 $ 67,09000 enfietl P zubm,ttalto,nclude3 pump options for the owner's nz,der.h. antl approval P p,for,ubmittalsnouldbesel-d1 basetl on the each pump's future Head-capanry performance and elfinency az ztabc head increases over time 611 1 m Page 27 of 267 Oty M College Stahan - B,d Fortis 25-003 R.h.bilRation of W.- Well Na 3 Bid Opening TOezday, 1118, 2024 FOrmfi 20.foot section of new 12-mcM1 diameter 0 3]5-inch wall thnkness)tM1readed column pipe, 2-3/16-,h di ameter I. shaft, 3- $ 4p1000 5 145,53000 $ 6,05000 5 199,65000 $ b,fi]800 $ 154,3J400 $ 5,80000 $ 20--t 1/2-mcM1 diameter oil tubing, bearings and couplings, Complete az S-M s f.d 2 33 -h Furnish 10.foot section of new 12-inch diameer �0 3J5-inch wall thnkness) threaded column pipe,]-3/16-mch diameter hne shaft, 3- $ 10.Foot 1/2-mch diameter oil Nb,ng, bearings and couplings, Complete as 2,2.00 $ 2,24000 $ 3,95000 $ 3,95000 $ 2,42600 $ 2,42600 $ 3,040 DO $ Section sp,,fied e-13 1 Each Furnish 16foot section If- 12-m11, diameter 10 375-m11, wall thickness)Npspenal threaded column pipe. 2-3/1Eynch dmmMM line $ 4,20000 $ 4,20000 $ 4,30000 $ 4,30000 $ L,221 DO $ 1,22000 $ 1,-DO $ shaft, 3-1/2 -ammeter oil Nbing, bearings and couplings, Complete 10.Foot petaled 114 1 Section Furnish antl inrtallanew 2-3/16+nchn3-1/2-inch tendon bearing, nut $ 1,1000O $ 1,-DO $ 5,5000O $ 5,50000 $ 32300 $ 32300 $ 2,60000 $ -I LS and plate assembly, ComplMe as spenfied 1 Furnish new rubber tube rtabihzer for L2-mch diameter 1-pine $ 2600 $ 88400 $ 3000 $ 1,02000 $ 8.88 $ 30192 $ 35. $ 116 34 EA antl 3-1/2-inch tliamMer ail tubing, Complete az spMified Furmfi 1/Hoch Mainlezz steel PVC -wrapped airline and od-filletl Pressure gauge, 11tM1 all strapping material and fitting; Complete as $ sPMified 310 $ 2,65200 $ 1. $ 4,08000 $ 5. $ 3,40000 $ 450 $ B-1J fi80 pf Furnish 1-1/4-mcM1 PVC wafer -level measuring pipe, CamplMe as $ &18 680 spMified 190 $ 1,29200 $ 700 $ 4,76000 $ 2. $ 1,36000 $ 350 $ Sandblast, steam clean, prime and Pang(approved -II lhe "Irting $ 7,00000 $ 7,00000 $ 2,50000 $ 2,50000 $ 3,22600 $ 3,22600 $ 1,]0000 $ IS cl well discharge head, Complete as spenfied B-19 1 fabriated see Furmfi and install new 600 Hp, WP-1, 1,]]0 rpm, 460 volt, 3-ph- premium effiaent.1- well motor -1, new carob-t motor $ 113,50000 $ 153,50000 $ 160,00000 $ 160,00000 $ 131,422 DO $ 131,42200 $ 163,45000 $ drive shaft and new M1ead shaft not antl gib keys, and any necessary B-20 1 IS electric al wising and <onnechonz, Complete az spenfied stall permanent pump bawl at 680 feet, pump column assembly, online,water-level pine, welltlpcM1arge head and eleRrn matar antl $ make all pump and motor epwpmen[ OperaDpnal, ComplMe as 21,64500 $ 21,64500 $ 22,00000 $ 22,00000 $ 5,6]500 $ 5,67500 $ 43,80000 $ B-21 1 IS yteofied -gallon capaatyreservon, anewlpm-t, immersiandmstall 1 an M1ea[er antl thermostat, solenoid and flow -regulating valve, $ B-22 1 IS Complete az spenfied 5,]6000 $ 5,76000 $ 3,20000 $ 3,20000 $ 80]00 $ 80J 00 $ 4,60000 $ Chlorinate antl disinfect the well pump antl well and perform bactenolognal sampling and anaIV s(re9mre3riegatwe $ bactenolognal samples, Complete as spenfietl 2,00000 $ 2,00000 $ 3,0000O $ 3,00000 $ 1,8630O $ 1,86300 $ 1,-DO $ 623 mdeapend painwell, pump aria, 1-and e-z4 1 s -11 C..pedormance IS petnfietl wb e tet prowdewntten report, Complete as $ 1200 00 $ 1,20000 $ 2,00000 $ 2,00000 $ 8J500 $ 87500 $ 1,25000 $ Well sne restoration to rertore land surface and grassN az good or $ 2,50000 $ 2,50000 $ 2,100 DO $ 2,50000 $ 15,32300 $ 15,32300 $ 2,50000 $ e-25 1 better condinon than eristea pnorNwrirk, comPlete as spenfied Provide a submittal rtating [M1e antiripa-pumping rate pf Well Na 3 hazed onthe Well 3fieltl Performance [eshng by the Contractor (1[em $ &1) antl the pump Performance information prowtletl in App.nd,. D- 1,-DO $ 1,00000 $ 6,0000O $ 6,00000 $ 3,853 DO $ 3,8530o $ 50000 $ FactprVTest M DtV of College Station's Spare Pump 116 1 1 SOBTOTAL B WATER WELL NO 3 $ 640,29300 $ 744,96000 $ 705,84692 $ TOTAL'sob'..N $ 689,793 DO $ 829,96000 $ 971,96292 $ AOOB' IAOOI VEALTE.N-EBID ITEMS WATER WELL NO 3 ALTERNATES tit perso riel ra e, ComplMe, for time Con ddby for admnal work approved byth, Ownerfor this prolett 1A 30 HR $ 40000 $ 4,00000 $ 10100 $ 6,00000 $ 1,4411 $ 84,43000 $ 1111 $ Hydrochloric Acid and spenfiedaddRwes for dad volume more or I less than spea8ed in Item No 68, Complete as spenfied 2-1 50 GAIS 1 61500 $ 33.75000 $ 11000 $ 5,50000 $ 50000 $ 5,00000 $ 5000 $ Sound the depth of the gravel pack outside the top of the eniznng 9- imh or 10.im1, d,-blank hoer, Complete as spenfied 3A 1 LS $ If the top [M1e 11WW $ 151111 $ 25111 $ 251111 1 10620W 1 1162111 1 1311 1 needed and appr.-, add gravel pack outz,c. of misting 9-mcM1 ar 10-mcM1 diameter blank hoer, CamplMe as zpeafied 11 15 FT $ 20000 1 311111 1 3511 1 525111 1 221 1 33111 1 1211 1 Perform spenfied, well,p,c, lc capaary check test of well with the spenfied mahnals and epwpment and provide written tefing records 5-1 4 HR and data, ComplMe az zpeafietl $ 1550W $ 620000 $ 40000 $ 160000 $ 49100 $ 196400 $ 25000 $ Page 28 of 267 C ty M Canege Staban - B&d Fobn 2s-003 R-INh .bon of W.- Well Na 3 E,d Opening Tuesday, OMober 8, 2024 F-th, install antl remove CantraMor'z minimum 1,000 gpm emporary tert pump bawl, well pumping equipment and materials, 6A 1 LS Complete as speofied 5 Perform speofied, well pumping test wdh th. temporary test pump 2124000 S 21240 ED $ bawl, equipment one materials and prawde written t-,,g I-& antl )A 9 HR Bata, CamplMe as zpenfietl 5 Farnish one install new cast non pump bowl stage to meet final pump sbo OD 5 400000 5 des ,,-dihonz that are ddferenttM1anzpenfiedni Bidltem No B-11, Complete as speofied &A 1 Eq $ F.h-h antl install new d-. non pump bowl sage to meet final 6,27000 $ 6.1)000 $ pump d-EII condibonz that are tli--t tM1an zpenfietl in Bid Item No &11, CamplMe as zpenfietl 9-A 1 Eq $ 6,270. $ 6.27000 $ Mach -hales m th. ew,bng well di„M1arge head far the mrkne, water - level measuring pipe one any Mh., accessories, Complete as speofied 10A 1 LS 5 Is0000 $ 150000 $ Famish and insall new etlfobnotedd N,W.1IN.eHead vn[h4 ariacorrect wen s for Well No Sand -hlags PVC p P. d eW Holes far online PVC pipe antlp nY inner amessones. Alas a snore section of newm,rnarge pining,,ppaE'I,-ana/ortlangegl t ne new neaa aria exi gpp g,Wneeaea, complete as pecWlea 11-A 1 IS $ Recontlibon the dusting 400 Hp eleRri<well motor, including electric inspecI— steam clean, dIp and bake the stator, -hd th. ar Ofla-t antl apprnvetll.IMM1e checkmotor, replace 13,72000 $ 13,72000 $ the bearinigs, balance the motor, replace the sight glass, on and heaters, assemble and test [M1e motor at full valtage, include any and all ned macM1ine work, install a new <ambinahOn erwe zM1aR and gib keys, steam clean or sand blast, prime and paint the motor wdh a paint and paint color acceptable to the OWNER, and -I th. motor and make t ap.,ahchal, CamplMe as spenfietl l2A 1 LS 5 If dbectetl by th. Owner, furnish, install antl remove Cant,-'z _hh..2,600 gpm temporary pump bawl, temporary pumping equipment and - hale wdh Caniractor'z minimum 500 Hp 6900000 $ 69000 ED $ emporary elect,,, well motor and any eleRnral wiring antl ns, disinfect [M1e well, antl make th. well antl [emporary well pumping equipment operabonal for well pumping operabonz, Complete az speofied 13-A 1 IS $ Rental Mth. CantraMor'z temporary pump bawl and temporary well 21,47600 $ 21,47600 $ pumping equipment antl eleRri<.11 mntnrm 8,d hem Na 13-A, Complete as,peofied 141 8 WK $ s00000 $ 4000000 $ Ifd, tetlbytht Ownerbazed an th. mfo-taIII B&d Items B-1 and &26, furnish and install the Chy's spare pump and N,-h, -I antl ove [M1e Contractor's temporary 600IN eleRri<well matar and any necessary electrical wising one <annecbonz, Complete as speofied is -A 1 LS 5 11088000 $ 11088000 $ Rental Mth. Cant-,'z temporary electric well motor in Bid Item Na 15-A, CamplMe as zpenfietl 16-A B WK $ 4,20000 $ 33.60000 $ "If tlneRed by -h., hItall new owner pmwtled 600 Hp, WP-1, 1,))0 m, 460 volt, 3-phase premmm a R-0 electric well motor-1, ar P-'d new,ombmabon motor dhve -ft antl new head ,hat nut and gib keys, and any necessary electrical wising and conneMians, CamplMe as zpenfietl" 1)-A 1 IS $ 24s000 $ 245000 5 ADDITIVE ALTERNATEBID ITEMS 5 37885600 $ Total Baze BiIt Alternate Ed S Total Number of Completion Dav, Bid Bond and addendum Natez 120 days Y 1068649 DO $ 4500000 $ 4500000 $ 385300 $ 385300 5 2995OW $ 2995000 45000 $ 360000 $ 241W $ 192800 5 41000 $ 328000 6,730 CO $ 5,)3000 $ 2.50000 $ 2,50000 $ 5,60500 $ 5.60500 8,00000 $ 8100000 $ 3,00000 $ 3.00000 $ 5,60500 $ 5,60500 300000 $ 300000 5 I50000 $ 150000 $ 880. $ 88000 40,25000 S 40,25000 $ 15,19200 $ 15,19200 $ 18,)0000 $ 4456000 $ 4456000 5 25-W $ 25 000 00 S 2180000 $ 2180000 55,00000 $ 55,00000 $ 204,5... $ 204,501100 $ 34,48000 $ 34480 2000000 $ 16000000 $ 3)500 $ 300000 5 200000 $ 16000 00 692000 $ 692000 5 27-EO $ 2760000 4)100 $ 3,76800 $ 7,56000 $ 60,48000 2000000 $ 2000000 $ 95400 $ 95400 5 800000 $ 800000 406 990 00 5 374 467 00 5 243 915 00 120 tlays y is -A and 16-A No bid due tO 600hp electric motor 1236 950 00 $ is not evadable 120 tlays Y WghlighiNd is[M1ecorrectamounttlaetocalculab- 1,346,- 92 5 13047000 120 tlays Y 3 Page 29 of 267 V/"" CONTRACT & AGREEMENT ROUTING FORM Crrr 0r• LULJ:Ch 3rjn ccs� /joive fle_A"b. h_jv' CONTRACT#: 25300096 PROJECT #: WA2503 BID/RFP/RFQ#: 25-003 Project Name / Contract Description: Well 3 Rehab/ Construction Contract Name of Contractor: Weisinger Inc. CONTRACT TOTAL VALUE: $ 863,025.000 Debarment Check ❑ Yes ❑ No 0 N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑ 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 ❑ 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) A budget of $2,200,000 is included for this protect in the Water Capital Improvement Protects Fund. Nothing has been expended or committed to date, leaving a balance of $2,200,000 for this contract and future expenses. (If required) * CRC Approval Date*: N/A Council Approval Date*: 11 /25/24 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: BW Payment Bond: BW Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL _'!" "VV`q.� DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO add LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (if applicable) N/A CITY SECRETARY (if applicable) 11/20/2024 DATE DATE 11/20/2024 DATE DATE DATE DATE 9.12.23 UPDATED Page 30 of 267 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 Weisinger Inc. (the "Contractor") for the construction and/or installation of the following: As described in ITB 25-003 Rehabilitation of Water Well No. 3 Base bid plus 8A,9A,I IA 13 to 17A items 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted. 1.02 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: Eighty Six Thousand Nine Hundred Seventy -Five and NO /100 Dollars ($ 86,975.00 ). 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: Eight Hundred Sixty -Three Thousand Twenty -Five and NO /100 Dollars ($ 863,025.00 ). 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 Provosal. 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page I 1 Page 31 of 267 1.10 Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.11 Final Completion. The term "Final Completion" shall mean that all the Work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. 1.12 Hazardous Substance. The term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which is defined as a hazardous substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean- up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). 1.13 Environmental Laws. The term `Environmental laws" shall mean collectively, any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws. 1.14 Interpretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.15 Nonconforming work. The term "nonconforming work" shall mean Work or any part thereof that is rejected by City's Representative as not conforming with the Contract Documents. 1.16 Parties. The "parties" are the City and the Contractor. 1.17 Proiect. The term "Project" shall mean the construction of an improvement to real property where the Work comprises either whole or a part of such construction and which may include construction by the City or separate contractors. 1.18 Proiect Manager. The term "Project Manager" shall mean the Contractor's Project Manager. The Project Manager shall assist the City in performing various administrative and oversight duties relating to the Work, subject to limitations in authority that must be verified by Contractor. Contract No. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 12 Page 32 of 267 1.19 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contract with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.20 Substantially Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including retainage, however, shall be withheld until Final Completion and acceptance of the Work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.21 Work. The term "Work" as used in this Agreement shall mean the construction and services required by the Contract Documents and Exhibits, including any duly authorized change orders, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill its obligations. The Work may constitute the whole or a part of the Project. The Work includes but is not limited to all labor, parts, supplies, skill, supervision, transportation, services, and other facilities and all other items needed to produce, construct, and fully complete the Project. 1.22 Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2. CONTRACT DOCUMENTS 2.01 The Contract Documents and their priority shall be as follows: (a) This signed Agreement. (b) Addendum to this Agreement. (c) General Conditions, as may be applicable. (d) Special Conditions, as may be applicable. (e) Specifications, including the technical specifications set out at BCS Unified Design Guidelines ("Specifications"). (f) Plans. (g) Instructions to Bidders and any other notices to Bidders or Contractor. (h) Performance bond, Payment bonds, Bid bonds and Special bonds. (i) Contractor's Proposal. 2.02 Where applicable, the Contractor will be furnished three (3) sets of plans, specifications, and related Contract Documents for its use during construction. Plans and Specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03 The Contractor shall distribute copies of the Plans and Specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the Plans and Specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the Work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04 All drawings, specifications, and copies thereof furnished by the City shall not be re -used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the Plans and Specifications and "as built" drawings, are to be returned to the City on request at the completion of the Work. All Contract Documents, models, mockups, or other representations are the property of the City. Contract No. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 13 Page 33 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 14 Page 34 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 35 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 16 Page 36 of 267 (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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Pagel? Page 37 of 267 (1) 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 18 Page 38 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 39 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 110 Page 40 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page lll Page 41 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page ll2 Page 42 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 113 Page 43 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 114 Page 44 of 267 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. M 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 115 Page 45 of 267 (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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 116 Page 46 of 267 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-fivepercent (25%). If a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than $1 million increases the Contract Amount to $1 million or more, subsequent change orders may not increase the revised Contract Amount by more than twenty-five percent (25%). Written change orders may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be Contract No. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page ll7 Page 47 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page ll8 Page 48 of 267 (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 iced 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page ll9 Page 49 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 120 Page 50 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 121 Page 51 of 267 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 and NO /100 DOLLARS ($1,000.00 ) 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page l22 Page 52 of 267 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 promptly, 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 123 Page 53 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 124 Page 54 of 267 (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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 125 Page 55 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page l26 Page 56 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page l27 Page 57 of 267 extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers' Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate Contract No. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 128 Page 58 of 267 of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whom it contracts to perform as required by Sections (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this Agreement, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the Agreement void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity. " 27.09 Certificates of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance -approved form, and shall contain the following provisions and warranties: (a) The company is authorized to do business in the State of Texas. (b) The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Department of Insurance or ISO. (c) Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 28. BOND PROVISIONS 28.01 Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City's discretion, such bonds shall be executed in accordance with all requirements of Chapter 3503 of the Texas Insurance Code, all other applicable law, and the following: Contract No. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page l29 Page 59 of 267 (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 perforMce 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page I30 Page 60 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 131 Page 61 of 267 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, generaT(YP&s eW%r 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 132 Page 62 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page l33 Page 63 of 267 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 (4) 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page l34 Page 64 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page l35 Page 65 of 267 (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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page l36 Page 66 of 267 (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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 137 Page 67 of 267 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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page 138 Page 68 of 267 46.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. Type text here 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 Ener2v 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 VendorInvoiceEntrv(&cstx.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. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page l39 Page 69 of 267 List of Exhibits A. Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule F. Schedule of Values WEISINGER, INC. CITY OF COLLEGE STATION By: At jtL,,Mj, jt.iSiW By: Michael weisinger City Manager Printed Name: Date: Title: vice President Date: 11/20/2024 APPROVED: glA, 4 � aiS( j City Attorney Date: 11/2072024 Assistant City Manager/CFO Date: Contract No. 25300096 Construction Agreement Over $50,000 Form 4-20-23 Page I40 Page 70 of 267 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 25300096 Construction Agreement Over $50,000 Form 04-20-2023 Page 71 of 267 General Decision Number: TX20240007 01/05/2024 Superseded General Decision Number: TX20230007 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)(1). lIf the contract is entered linto on or after January 30, 12022, or the contract is renewed or extended (e.g., an loption is exercised) on or lafter January 30, 2022: lIf the contract was awarded on for between January 1, 2015 and January 29, 2022, and the contract is not renewed or lextended on or after January 130, 2022: Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $12.90 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) ......................$ 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 80 tons or less ................$ 15.87 ** Crane, Lattice Boom over 80 tons .....................$ 19.38 Crawler Tractor .............$ 15.67 ** Directional Drilling Locator .....................$ 11.67 ** Directional Drilling Operator ....................$ 17.24 Excavator 50,000 lbs or Less ........................$ 12.88 ** Page 72 of 267 Excavator over 50,000 lbs... $ 17.71 Foundation Drill, Truck Mounted .....................$ 16.93 ** Front End Loader, 3 CY or Less ........................$ 13.04 ** Front End Loader, Over 3 CY.$ 13.21 ** Loader/Backhoe..............$ 14.12 ** Mechanic ....................$ 17.10 ** Milling Machine .............$ 14.18 ** Motor Grader, Fine Grade .... $ 18.51 Motor Grader, Rough ......... $ 14.63 ** Pavement Marking Machine .... $ 19.17 Reclaimer/Pulverizer........ $ 12.88 ** Roller, Asphalt .............$ 12.78 ** Roller, Other ...............$ 10.50 ** Scraper .....................$ 12.27 ** Spreader Box ................$ 14.04 ** Trenching Machine, Heavy .... $ 18.48 Servicer .........................$ 14.51 ** Steel Worker Reinforcing .................$ 14.00 ** Structural ..................$ 19.29 TRAFFIC SIGNALIZATION: Traffic Signal Installation Traffic Signal/Light Pole Worker ......................$ 16.00 ** TRUCK DRIVER Lowboy -Float ................$ 15.66 ** Off Road Hauler .............$ 11.88 ** Single Axle .................$ 11.79 ** Single or Tandem Axle Dump Truck .......................$ 11.68 ** Tandem Axle Tractor w/Semi Trailer .....................$ 12.81 ** WELDER ...........................$ 15.97 ** ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (ED) 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 ED, 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 ED is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the 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). 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: PLUM0198-005 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 Page 73 of 267 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: * 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 National Office because National Office has responsibility for the Davis -Bacon survey program. 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 74 of 267 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. 25300096 Construction Agreement Over $50,000 Form 04-20-2023 Page 75 of 267 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 25300096 Construction Agreement Over $50,000 Form 04-20-2023 Page 76 of 267 PERFORMANCE BOND Bond No. SO4-83-01 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, WeisinRer Incorporated , as Principal, hereinafter called "Contractor" and the other subscriber hereto Employers Mutual Casualty Company; Union Insurance Company of Providence , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Eiaht Hundred Sixtv-Three Thousand Twentv-Five and NO /100 Dollars ($ 863,025.00 ) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for ITB 25-003 REHABILITATION OF WATER WELL NO.3 all of such Work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having fully considered its Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty (30) days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be Contract No. 25300096 Construction Agreement Over $50,000 Form 04-20-2023 Page 77 of 267 done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond and it does hereby waive notice of any such change in Contract Time or Contract Sum. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the Work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees incurred by the city in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. Contract No. 25300096 Construction Agreement Over $50,000 Form 04-20-2023 Page 78 of 267 Bond No. SO4-93-01 FOR THE CONTRACTOR: ++++n++nrr,rrJ k% ' �� ATTEST & SEAL: (if a corporation) (SEAL.,) WITNESS; WEISINGER INC. i� .c, r .•!�'�,_{y = J (i#' not a corporation} (Name of Contractor) y"�By: f By:. r}%�t0Name: � LV, Name4C'a� Title: "Sa-al Iy .L'1 r l� 'Title: �i&'FIC40zk Date: NOVEMBER 24, 2024 Ilate: NOVEMBER 24, 2024 FOR THE SURETY: ATTEST/WITNESS (SEAL) By: Name: Michael P. Berm Title• Date: NOVEMBER 24, 2024 FOR THE CITY: REVIEWI,,II; City Attorney Employers Mutual Casualty Company; Union Insurance Company of Providence (Full Name of Surety) PO Box 1739 Wichita KS 67201-1739 (Address of Su ety for Notice) By: _ 4 - Name: John A. Prince, Title: Attornev-in-Fact Date: November 24. 2024 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager NOM Dateofbonds must be on or after the date ofexecutrarr btu 0tu. Contract No. 25300096 Construction Agreement Over $50,000 Farm 04-20-2023 Page 79 of 267 P.O. Box 712 • Des Moines, Iowa 50306-0712 *emc INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation S. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: JOHN A PRINCE its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s): Surety Bond Principal: Number Weisinger Incorporated SO48301 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED; The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such anomey-in-fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto. bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be sign(zd for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of September 2022 1 Seals J!r oft R. Jean, P e /dent &CEO Todd Strother, Executive Vice President of Company 1; irman, President Chief Legal Officer& Secretary of `a "? & CEO of Cam nies 2 3 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 SEAL �v x 1863 ` 1953� IOWA Q; ,1Cti\IUFQNCF, ; `��NSlIRQNC 0 R. 00p,�- -C.V�wP+nn,.j�����- �ti:^,4aFPONgr,�+CpT�' w =SEAL z= o SEAL - s SEAL a M'fhWA * •��HYyf rhAKO �•, ' �'fOryFS.`` , KATHY L OVERIDGiE *4Wu"T"WM trur W760769 0=f0, t On this 22nd day of September , 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025. CERTIFICATE 1���JLLl� Notary Pubii in and for the State of owa I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies; and this Power of Attorney issued pursuant thereto on 22nd day of September , 2022 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 24th day of November 2024 Vice President 7851 (9-22) S048301-NA 17386 931 AC 005893 "For verification of the authenticity of the Power of Attorney you may calRMgp34kg48a67 TEXAS STATUTORY PAYMENT BOND Bond No. SO4-83-01 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, WPiciri8er In',nTnrat-" , as Principal, hereinafter called "Principal" and the other subscriber hereto Employers Mutual Casualty Company; Union Insurance Company of Providence , a corporation organized and existing under the laws of the State of Iowa , 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 Eight Hundred Sixty -Three Thousand Twentv-Five and NO /100 Dollars ($ 863,025.00 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the 24th day of November , 20 24 , for ITB 25-003 REHABILITATION OF WATER WELL NO.3 referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the Work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that any change in Contract Time or Contract Sum shall not in anywise affect its obligation on this bond, and it does hereby waive notice of any such change in Contract Time or Contract Sum. A copy of surety agent's "Power of Attorney" must be attached hereto. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Contract No. 25300096 Construction Agreement Over $50,000 Form 04-20-2023 Page 81 of 267 Bond No FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) WITNESS: (if not a corporation) By: Name: Title: Date: NOVEMBER 24, 2 24 FOR THE SURETY: ATTESTIWITNESS (SEAL) By:� Name: Michael P. Berry '1'itic: Witne45 Date: NOVEMBER 24, 2024 FOR THE CITY: REVIEWED: City Attorney SO4-83-01 (SEAL) ..........•. WEI INGER, INC. ~� 7 0 (Nance of Contractor) m � � 0 ? r;' f J+R'Y+ff11f1�11iN►}�Ir`� ` Name: V ~ • ,Y � L�rt^/yam{{G.� .:� Title: N41(.e'C1rr_S ] Date: NOVEM8ER 24, 2024 Employers Mutual Casualty Company; _Union Insurance Company -of Providence (Full Name of Surety) PO Box 1739 Wichita, KS 67201-1739 (Address of Surety for Notice) / I By: Name: John A. Prince, Title: Attorney -in -Fact Date: Novel bei- 24_2024 THE FOREGOING BONA IS ACCEPTED ON. BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager NOTE., Date of bonds must be on at, after the date of execution by City. Contract No. 25300096 Construction Agreement Over $50,00{7 Form 04-20-2023 Page 82 of 267 *emc. P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MIEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: JOHN A PRINCE its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s): Surety Bond Principal: Number Weisinger Incorporated SO48301 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such aftomey-in-fact at anytime and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be sign d for each by their officers as shown, and the Corporate seals to b hereto affixed this 22nd day of September , 2022 _ Seals. '0'�SU C.u"'^'I ' . ,, ,' S Y eottRanP e ident & CEO ?�E ,,�, % ; �� ,,,,Todd Strother,Executive Vice President °"y 1; irman, President Chief Legal Officer & Secretary of `& CEO of Com nies 2 3 4 5 & 6 Companies 1 2; 3 4 5 & 6 O' z; SEAL L 1863 ^u`1953 =<_ p IOWA ,054RAN�F'',.''Z0TUA' , ` arn;;� ,w- SEAL'?- o. SEAL` SEAL =` iiKAYHY LOVIMIDG6 o me "mmta7aor69 • MY��2 On this 22nd day of September , 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025, CERTIFICATE JV Notary Pubii in and for the State of owa I, Ryan J, Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of September , 2022 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my narne and affixed the facsimile seal of each Company this 24th day of November 2024 Vice President 7851 (9-22) SO48301-NA 17386 931 AC 005893 "For verification of the authenticity of the Power of Attorney you may call (P55Mqj45_4,Q867 AVEMC 1 N$ UAAMCE iMPORTANT NOTICE To obtain information or to make a complaint: You may call EMC Insurance Companies' toil free telephone number for information or to make a complaint at: 1-800-223-0562 You may also write to EMC Insurance Companies at: P.O. Box 1739 Wichita, KS 67201-1739 You may contact the Texas Department of insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of insurance: P.O. Box 149104 Austin, Texas 78714-9104 FAX: (512) 490-1007 Web: www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. IL,B044(6-15) AVISO IMPORTANTE Para obtener informacion o para presenter una queja: Usted puede iiamar al numeeo de tel6fono gratuito de EMC Insurance Companies' pare obtener informacion o pare presenter una queja al: 1-800-223-0562 Usted tambl6n puede escribir a EMC Insurance Companies: P.O. Sox 1739 Wichita, KS 67201-1739 Usted puede comunicarse con el Departamento de Seguros de Texas pare obtener informaci6n sobre companias, cobertums, derechos, o quejas at: 1-800-252-3439 Usted puede escribir a! Departamento de Seguros de Texas a: P.O. Box 149104 Austin, Texas 78714-9104 FAX: (512) 490-1007 Sitio web: www.tdi.texas.gov E-Mail: ConsumerProtection@tdi,texas.gov DISPUTAS POR PRiMAS DE SEGUROS O RECLAMACiONES: Si Ilene una dispute relacionada con su prima de sequro o con una reclamsei6n, debe communicarse con et agente primero. St la dispute no as resuelta, usted puede communicarse con el Departemento de Seguros de Texas. ADJUNTE ESTE AVISO A SU PbLiZA: Este aviso as solamente pare prop6sitos informativos y no se convierte en parte o en condici6n del documento adjunto. Page 1 of 1 Page 84 of 267 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 25300096 Construction Agreement Over $50,000 Form 04-20-2023 Page 85 of 267 Ac R ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) ( 10/22/2024 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: Jennifer Green Adams Risk Management Services, LLC PHONE FAx Adams Insurance Service, Inc. I E MAILo Exf1: 713-869-8346 (A/C. No): 713-869-9144 1111 North Loop W, Suite 600 I ADDRESS: Igreen@adamsins.com Houston TX 77008 ( INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Underwriters at Lloyd's, London 85202 INSURED wElslNc-01 Weisinger, Inc. INSURER B: The Continental Insurance Company 35289 PO Box 909 I INSURERC: Travelers Lloyds Insurance Company 41262 Willis TX 77378 I INSURER D: Valley Forge Insurance Company 20508 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:766394678 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 LTR INSD WVC• POI I/_:Y_ _NUMBER IMM/DD/YYYYI IMMIDD/YYYY1 LIMITS D X COMMERCIAL GENERAL LIABILITY Y Y 7092228275- 6/30/2024 6/30/2025 1 EACH OCCURRENCE $1000000 CLAIMS -MADE lxl OCCUR X 25,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I PE� LOC OTHER: B AUTOMOBILE LIABILITY Y Y 7092228289 X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB I X OCCUR Y EXCESS LIAB I�--j CLAIMS -MADE DED I X I RETENTION $ in nnn D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE a N / A OFFICER/MEMBER EXCLUE (Mandatory in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below C Builders Risk A Pollution/Professional A Y 7092228292 Y 7092228261 QT-660-8J926414-TLC-24 B0621PWEIS000324 B0621PWEIS002424 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERALAGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ 6/30/2024 6/30/2025 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) $ 6/30/2024 6/30/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ 6/30/2024 6/30/2025 X I PER I I OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 6/30/2024 6/30/2025 Jobsite' 5,000,000 6/30/2024 6/30/2025 Each Claim/Aggregate 5,000,000 6/30/2024 6/30/2025 Each Claim/Deductible 20,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) 'BUILDERS RISK POLICY CONTINUED: DEDUCTIBLE (UNLESS NOTED BELOW): $5,000 EARTH MOVEMENT SUBLIMIT: $2,500,000 EARTH MOVEMENT DEDUCTIBLE: $25,000 FLOOD SUBLIMIT: $2,500,000 (EXCEPT 100-YEAR & 500-YEAR FLOOD PLAINS) FLOOD SUBLIMIT: $1,000,000 (500-YEAR FLOOD PLAIN) FLOOD DEDUCTIBLE: $25,000 (EXCEPT IN 500-YEAR FLOOD PLAIN) FLOOD DEDUCTIBLE: $100,000 (500-YEAR FLOOD PLAIN) See Attached... 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 AUTH RIZED REPRESENTATIVE COLLEGE STATION TX 77840 ,% i ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 86 of 267 AGENCY CUSTOMER ID: WEISINC-01 _ LOC #: A� ® ADDITIONAL REMARKS SCHEDULE AGENCY NAMEDINSURED Adams Risk Management Services, LLC Weisinger, Inc. PO Box 909 POLICY NUMBER Willis TX 77378 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE WINDSTORM/HAIL DEDUCTIBLE: $50,000 INSTALLATION FLOATER Policy Number: 7092242645 The Continental Insurance Company - Policy Dates: 06/30/2024 to 06/30/2025 Policy Limits: $2,500,000 Per Jobsite Page 1 of 1 THE GENERAL LIABILITY & AUTOMOBILE LIABILITY POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT & THE GENERAL LIABILITY, AUTOMOBILE LIABILITY & WORKERS COMPENSATION POLICIES INCLUDE A BLANKET WAIVER OF SUBROGATION ENDORSEMENT THAT PROVIDES ADDITIONAL INSURED STATUS & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER ONLY WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS AS PER THE ATTACHED. THE GENERAL LIABILITY POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1) CNA75014XX-NOTICE OF CANCELLATION-30 DAY BLANKET AS REQUIRED BY WRITTEN CONTRACT. 2) CNA74705XX-BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT. 3) CNA75079XX & CNA74705XX-WHO IS AN INSURED IS AMENDED TO INCLUDE AS ADDITIONAL INSURED ANY PERSON OR ORGANIZATION WHEN YOU HAVE AGREED IN A WRITTEN CONTRACT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY. PRIMARY & NON-CONTRIBUTORY BASIS IF THE ADDITIONAL INSURED SPECIFICALLY AGREED IN A WRITTEN CONTRACT THAT THE INSURANCE BE PRIMARY & WHEN COVERAGE IS PROVIDED ON A PRIMARY BASIS WE WILL NOT SEEK CONTRIBUTION FROM ANY OTHER INSURANCE AVAILABLE TO THE ADDITIONAL INSURED IF A WRITTEN CONTRACT REQUIRES THAT THIS INSURANCE BE NON-CONTRIBUTORY. THE AUTOMOBILE POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1) CNA63359XX-BLANKET ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO THE BODILY INJURY OR PROPERTY DAMAGE. 2) CNA63359XX-BLANKET WAIVER OF SUBROGATION AS REQUIRED BY WRITTEN CONTRACT. 3) CNA63359XX-DESIGNATED INSURED PRIMARY NON-CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT. 4) CNA68021XX-NOTICE OF CANCELLATION-30 DAYS BLANKET AS REQUIRED BY WRITTEN CONTRACT. THE WORKERS COMPENSATION POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1) WC 42 03 04B-WAIVER OF SUBROGATION -BLANKET WAIVER FOR ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. 2) WC 42 06 01-NOTICE OF CANCELLATION-30 DAYS BLANKET AS REQUIRED BY WRITTEN CONTRACT. THE UMBRELLA/EXCESS LIABILITY POLICY APPLIES IN EXCESS OF THE UNDERLYING GENERAL LIABILITY, AUTOMOBILE LIABILITY AND EMPLOYERS LIABILITY POLICIES ABOVE INCLUDING FOLLOWING THE TERMS OF ANY ADDITIONAL INSURED ENDORSEMENTS. THE POLICY FOLLOWS THE TERMS AND CONDITIONS OF SUCH UNDERLYING POLICIES UNLESS THEY ARE INCONSISTENT WITH THE TERMS OF THE POLICY. POLLUTION POLICY INCLUDES TRANSPORTATION POLLUTION COVERAGE. RE: WELL 3 REHABILITATION CERTIFICATE HOLDER INCLUDES: CITY OF COLLEGE STATION, ITS AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 87 of 267 CNA Paramount CNA Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury - Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability -Railroads 8. Electronic Data Liability 8. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint VentureslPartnership/Limited Liability Companies 15. Legal Liability - Damage To Premises / Alienated Promises / Property In The Named Insureds Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury- Discrimination or Humiliatlon 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation — Blanket 26. Wrap -Up Extension. OCIP CLIP, or Consolidated (Wrap -Up) Insurance Programs CNA74705XX (1-15) Page 1 of 16 Policy No. 7092228275 Valley Forge Insurance Co. Insured Name. Weisinger Inc. Effective Date: 6/30/2024 - 6/30/2025 Copyright CNA All Rights Reserved. Includes copyrighted maiorial of Insuranco Services Office, Inc.. with its permisslon. Page 88 of 267 CNACNA Paramount Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law, A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of. 1. such person or organization's financial control of a Named Insured, or 2. premises such person or organization owns, maintains or controls whlle a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily Injury, property damage or personal and advertising injury as co-owner of such premises, C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out CNA74705XX (1A5) Page 2 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Effective Date: 6/30/2024 -- 6/30/2026 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with Its permission. Page 89 of 267 CNA Paramount CNA Contractors' General Liability Extension Endorsement of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, an behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising Injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal hales, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators, or c, the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations perforated by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a, Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising Injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the (Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2, ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section Is amended to add the following paragraph: CNA74705XX (1-15) Page 3 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Effective Date: W30I2024 — 613012025 Copyright CNA All Rlghls Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its germisslon. Page 90 of 267 CNA CNA Paramount Contractors' General Liability Extension Endorsement If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease, 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Linder CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily Injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5, BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means; A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. CNA74705XX (1-15) Page 4 of 16 Valley Forge Insurance Co. Insured Name: Weisinger Inc, Policy No: 7092228275 Effective pate: 6/30/2024 -- 6/30/2025 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 91 of 267 CNA Paramount CNA Contractors' General Liability Extension Endorsement 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3, above, this insurance does not apply to: a. bodily Injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORT( A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products -completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: CNA74705XX (1-15) Page 5 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name; Weisinger Inc. Effective Date: 6/30/2024 — 6/30/2025 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc-, with its permission_ Page 92 of 267 CNA Insured Contract means: CNA Paramount Contractors' General Liability Extension Endorsement a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property, However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily Injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. 13. The following paragraph is added to LIMITS OF INSURANCE: Subject to S. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: _ CNA74705XX (1-15) Page 6 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Effective Date; 6/30/2024 — 6/30/2026 copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 93 of 267 CNA Paramount OVA Contractors" General Liability Extension Endorsement Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Q. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured tinder this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, In the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. CNA74705XX (1-16) Page 7 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Effective Date: 6/30/2024 — 6/3012025 Copyright CNA All Rights Reserved Includes copyrighted material or Insurance Services Office, Inc., with its permission. Page 94 of 267 CNA Paramount CNA Contractors' General Liability Extension Endorsement B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown In the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project- D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 11.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily Injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability CNA74705XX (1-15) Page 8 of 15 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Effective Date: 6/30/2024 — 6/30/2026 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office, Inc., with Its pormission, Page 95 of 267 VIVA CNA Paramount W Contractors' General Liability Extension Endorsement the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. Ili. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care Incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licens®d as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; 9. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; J. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. III. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; CNA74705XX (1-15) Page 9 of 16 Policy No:7092228275 Valley Forge Insurance Co. Insured Name. Weisinger Inc.. Effective Date: 6/30/2024 — 6/30/2025 Copyright CNA All Rights Reserved. Includes copyriolad material of Insurance Services 4rflce. Inc., with Its permission. Page 96 of 267 CNA Paramount CNA Contractors' General Liability Extension Endorsement iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily Injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily Injury arises out of a health care Incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES 1 PARTNERSHIP 1 LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph C. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising Injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CLIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY -- DAMAGE TO PREMISES ! ALIENATED PREMISES ! PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL CNA74705XX (1-15) Page 10 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Weisinger Inc, Effective Date: 6/30/2024 — 6/30/2025 copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 97 of 267 CNA Paramount CNA Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard, Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) doss not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX (1 - 15) Page 11 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name; Welsinger Inc. Effective Date: 6/30/2024 — 6/3012025 Copyrighl CNA Ail Rights Reserved. Includes copyrighted material or Insurance Services Office, Inc., with Its permlgsion. Page 98 of 267 CNA CNA Paramount Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arlsing out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises, The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000, The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(II) of the Other Insurance Condition is deleted and replaced by the following: (III That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5, above (the Each Occurrence Limit), the Medical Expense Limit Is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $<Insert ($) amount>; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(1b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and CNA74705XX (1 - 15) Page 12 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name; Weisinger Inc. Effective Date: 6/30/2024 — 6/30/2025 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance $arvicos Office, Inc., with its permission. Page 99 of 267 DNA C111,A Paramount Contractors' General Liability Extension Endorsement 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising Injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising Injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indlrectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. CNA74705XX (1-15) Page 13 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Wessinger Inc. Effective Date: 6/30/2024 — 6/30/2025 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office, Inc., with its permission. Page 100 of 267 CNA Paramount CNA Contractors' General Liability Extension Endorsement Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability, B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: S❑ long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance Is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators, 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS -- COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a MOW limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. GNA74705XX (1 - 15) Page 14 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Effective Date: 6/30/2024 — 6/30/2025 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 101 of 267 CNA Paramount CNA Contractors' General Liability Extension Endorsement 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OGIP, CLIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractorlproject manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I,P.) or Contractor Controlled Insurance Program (C,C.I.P.), Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: CNA74705XX (1-15) Page 15 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Effective Date: 6130/2024 — 6/30/2025 Copyright CNA All Rights Reserved. lacludes copyrighted material of Insurance Services Office, Inc., with its permission. Page 102 of 267 CNA Paramount CNA Contractors' General Liability Extension Endorsement 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not Include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CLIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and Is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74705XX (1-16) Page 16 of 16 Policy No: 7092228275 - Valley Forge Insurance Co. Insured Name: Weisinger Inc. Effective Date: 6/30/2024 — 6/30/2025 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its parmission. Page 103 of 267 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows - I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily Injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A, In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage; and C. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 1. Coverage broader than what you are required to provide by the written contract; or 2. A higher limit of insurance than what you are required to provide by the written contract. Any coverage granted by this Paragraph 1. shall apply solely to the extent permissible by law. II. If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising Injury caused in whole or in park by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage part provides such coverage, Ill. But if the written contract requires: A. Additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CO2037; or B. Addilional insured coverage with "arising out of language; then paragraph L above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. ONA75079XX (3-22) Policy No: 70922282 75 Pagel of 3 Valley Forge Insurance Co. Effective Date: 6/3012024 — 6l3012025 Insured Name: Weisinger Inc. Copyright cNA Al Rights Reserved. Page 104 of 267 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement IV. But if the written contract requires additional insured coverage to the greatest extent permissible by law, then paragraph I. above is deleted in its entirety and replaced by the following; WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising Injury arising out of your work that is subject to such written contract. V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities; or B. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage Part: Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. Primary and non-contributing with other insurance available to the additional insured; or 2. Primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. Send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. Make available any other insurance, and endeavor to tender the defense and indemnify of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to other insurance under which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. CNA75079XX (3-22) Policy No: 7092228275 Page 2 of 3 Effective pate; 6/30/2024 — 6/30/2025 Valley Forge Insurance Co. Insured Name: weisinger Inc. Capyrighl CNA Al Rights Reserved, Page 105 of 267 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Vill. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: A. Was executed prior to: 1. The bodily injury or property damage; or 2. The offense that caused the personal and advertising injury; for which the additional insured seeks coverage; and B. Is still in effect at the time of the bodily injury or property damage occurrence or personal and advertising injury offense. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (3-22) Policy No: 7092228275 Page 3 of 3 Valley Forge Insurance Co. Effective Date: 6/30/2024 — 6/30/2025 Insured Name: weisinger Inc. Copyright CNA All Rights Reserved. Page 106 of 267 CNA CNA PARAMOUNT Policy Holder Notice - Countrywide It is understood and agreed that: If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75014XX (1-15) Pagel of 1 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Copyright CNA All Rights Reserved. Policy No: 7092228275 Effective Date: 6/30/2024 - 6/30/2025 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 107 of 267 Business Auto Policy CFNA Policy Endorsement Nit` &11 ���.�I�QjD�iEt�rf=�Ul�l1�� T f } f THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM E. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II. Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venturer and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION CI WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section IE, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and Form No: CNA63359XX (04-2012) The Continental Insurance Co. Insured Name: Weisinger Inc. Policy No: 7092228289 ❑ate: 6/3012024 — 6/30/2025 Policy Page: 1 of 4 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services office, Inc„ used with its permission. Page 108 of 267 VIVA 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.; With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section 111, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600, D. Hired "Autos" The following is added to Section III. Paragraph A.; 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you leaser hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000r whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage Form No: CNA63359XX (04-2012) The Continental Insurance Co. Insured Name. Weisinger Inc. Policy No: 7092228289 Date: 6/3012024 — 6/30/2025 Policy Page: 2 of 4 " Copyright CNA All Rights Reserved. Includes copyrighted material of tine Insurance Services Office, Inc., used with its permission. Page 109 of 267 CNA The following is added to Section III, Paragraph 8,3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and 13.4.d. are deleted and replaced by the following: c, Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $ 100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph 13.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct ❑f your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts, d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; ar b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability andlor Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto: and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss Form No: GNA63359XX (04-2012) Policy No: 7092228289 The Continental Insurance Co. Cate: 61=2024 — 6/3012025 Insured Name: Weisinger Inc. Policy Page: 3 of 4 " Copyright CNA All Rights Reserved. Includes copyrighted materlal of the Insurance Services Office, Inc., used with its permisslon. Page 110 of 267 CNA The following is added to Section IV. Paragraph A.2.a.: (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph 6.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis, This provision is applicable only when required by a written contract, That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.i51.(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following; Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these, Form No: ONA63359XX (04-2012) The Continental Insurance Co. Insured Name: Weisinger Inc. Policy No: 7092228289 Date: 6/30/2024 — 6/3012025 Policy Page' 4 of 4 91 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Page 111 of 267 Business Auto Policy Policy Endorsement • NCTIC I Of .GANCE.LA1 Ak It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations, will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date ithe Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No. CNA68021XX (02-2013) The Continental Insurance Co. Insured Name: Weisinger Inc. Policy Na: 70512228289 Date: 6/30/2024 — 6/30/2025 Policy Page 1 of 1 �' Copyright CNA All Rights Reserved. Page 112 of 267 CMA 1 Weisinger Inc. �7 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 Dame 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: Waiver of Subrogation Operations 3. Premium. The premium charge for this endorsement shall be Waiver of Subrogation Percent of Premium 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: Waiver of Subrogation Advance Premium Alt other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 4Z 03 04 B (06-2014) valley Forge Insurance co. Policy No: 7092228261 Policy Date: 6l3072024 - 6130/2025 1,1.1 L614-Mani,.,, L,.. -11 — IL ..,.-..-,-.-�.. I,— M-ft]61 ;, f—,—d. Page 113 of 267 CNA I It is understood and agreed that: Weisinger Inc. If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. Form No: CC68021 A (02.2013) Vallcy Forge Insurance Co. Policy No: 7092228261 Policy date. 660/2024 - 600/2025 4� CNA All Rights Reserved. Page 114 of 267 XVII. MERGERS AND ACQUISITIONS A. If during the Certificate Period, the Named Assured acquires another entity for whom more than fifty percent (50%) of the outstanding securities representing the present right to vote for the election of such entity's directors are owned by the Named Assured, there shall be no cover under this Certificate for any loss related to the acquired entity unless the Named Assured gives the Underwriters written notice within sixty (60) days after the effective date of the acquisition, obtains the written consent of the Underwriters to extend coverage to such additional entities and agrees to pay any additional premium required by the Underwriters. B. If during the Certificate Period the Named Assured consolidates or merges with another entity such that the Named Assured is not the surviving entity, is acquired by another entity, or sells substantially all of its assets to any other entity, then coverage under this Certificate shall not apply to acts, errors, omissions or other breach, Pollution Conditions or Microbial Conditions committed or arising subsequent to such consolidation, merger or acquisition. The Named Assured shall provide written notice of such consolidation, merger or acquisition to the Underwriters as soon as practicable, together with such information as the Underwriters may require. C. All notices and premium payments made under this section shall be directed to the Underwriters through the entity named in Item 9.(c) of the declarations. XVIII. ASSISTANCE AND COOPERATION OF THE ASSURED The Assured shall cooperate with the Underwriters in all investigations, including investigations regarding the Application for and coverage under this Cerlificale. The Assured shall execute or cause to be executed all papers and render all assistance as is requested by the Underwriters. The Assured agrees not to take any action which in any way increases the Underwriters exposure under the Certificate. Upon the Underwriters request, the Assured shall assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Assured because of acts, errors or omissions, Pollution Conditions or Microbial Conditions with respect to which insurance is afforded under this Certificate; and the Assured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Assured shall not admit liability, make any payment, assume any obligations, incur any expense (including, but not limited to, any Claims Expenses or Cleanup Costs), enter into any settlement, stipulate to any judgment or award or dispose of any Claim without the written consent of the Underwriters. Except as provided for in Clause 11.1., expenses incurred by the Assured in assisting and cooperating with the Underwriters, as described above, do not constitute Claims Expenses and are not reimbursable under the Certificate. XIX. ACTION AGAINST THE UNDERWRITERS No action shall lie against the Underwriters unless, as a condition precedent thereto, the Assured shall have fully complied with all of the terms of this Certificate, nor until the amount of the Assured's obligation to pay shall have been fully and finally determined either by judgment against there or by written agreement between them, the claimant and the Underwriters. Nothing contained herein shall give any person or organization any right to join the Underwriters as a party to any Claim against the Assured to determine their liability, nor shall the Underwriters be impleaded by the Assureds or their legal representative in any Claim. XX. SUBROGATION In the event of any payment under this Insurance, the Underwriters shall be subrogated to all the Assureds' rights of recovery therefore against any person or organization, and the Assured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. Any recoveries shall be applied first to subrogation expenses, second to Damages, Claims Expenses and Privacy Breach Response B0621 PWEIS000323 Page 29 of 35 Page 115 of 267 Services paid by the Underwriters, and third to the Each Claim Deductible or Each Incident Deductible (as applicable). Any additional amounts recovered shall be paid to the Named Assured. Notwithstanding the foregoing, the Assured shall do nothing to prejudice such rights. The Underwriters agree to waive its rights of recovery against any party for a Claim which is covered pursuant to Insuring Clause I.A.1., I.A.2, or I.A.4. of this Certificate to the extent the Named Assured had, prior to such Claim, a written agreement to waive such rights against that party. XXI. ENTIRE AGREEMENT By acceptance of this Certificate, all Assureds agree that this Certificate embodies all agreements existing between them and the Underwriters relating to this Insurance. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Certificate or estop the Underwriters from asserting any right under the terms of this Certificate; nor shall the terms of this Certificate be waived or changed, except by written endorsement issued to form a part of this Certificate, signed by the Underwriters. XXII. VALUATION AND CURRENCY All premiums, limits, deductibles, Damages and other amounts under this Certificate are expressed and payable in the currency of the United States. If judgment is rendered, settlement is denominated or another element of Damages under this Certificate is stated in a currency other than United States dollars or if Claims Expenses are paid in a currency other than United States dollars, payment under this Certificate shall be made in United States dollars at the rate of exchange published in the Wall Street Journal on the date the judgment becomes final or payment of the settlement or other element of Damages is due or the date such Claims Expenses are paid. XXIII. BANKRUPTCY Bankruptcy or insolvency of the Assured shall not relieve the Underwriters of their obligations nor deprive the Underwriters of its rights or defenses under this Certificate. XXIV. AUTHORIZATION By acceptance of this Certificate, the Assureds agree that the first Named Assured will act on their behalf with respect to the giving and receiving of any notice provided for in this Certificate, the payment of premiums and the receipt of any return premiums that may become due under this Certificate, and the agreement to and acceptance of endorsements. XXV. HEADINGS The descriptions in the headings and subheadings of this Certificate are solely for convenience, and form no part of the terms and conditions of coverage. XXVI. SANCTION LIMITATION AND EXCLUSION CLAUSE (LMA 3100) Underwriters shall not be deemed to provide cover and Underwriters shall not be liable to pay any Damages or Claims Expenses or provide any other benefit under this policy to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose Underwriters to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America. XXVII.SERVICE OF SUIT It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be due under this Insurance, Underwriters hereon, at the request of the Assured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to B0621 PWEIS000323 Page 30 of 35 Page 116 of 267 EXHIBIT D PLANS AND SPECIFICATIONS If the plans and specifications from the RFP/CSP are not physically inserted here, then they are fully incorporated into this contract by reference. ITB 25-003 ARE INCORPORATED BY REFERENCE INTO THIS CONTRACT. TECHINCAL SPECIFICATIONS AND DRAWINGS ARE LOADED AS SEPERATE DOCUMENTS. Contract No. 25300096 Construction Agreement Over $50,000 Form 04-20-2023 Page 117 of 267 c CITY OF COLLEGE STATION Home of Texas ArM University® 1101 Texas Ave * College Station, TX 77840 * (979) 764-3555 www.cstx.eov ADDENDUM # 1 ITB-# 25-003 Date: October 4, 2024 To: All Interested Parties From: Alan Degelman, Buyer II Re: Bid # 25-003 Well 3 Rehabilitation The following additions, deletions or clarifications to Bid # 25-003 are hereby made a part of the Bid Documents for the above referenced project as fully and as completely as though the same were included therein. Questions and Answers See Attached Q and A. A new updated bid form has also replaced the old. Please acknowledge receipt of this addendum with signature and date and return with completed bid. Failure to do so may cause your Bid to be considered non -responsive. Receipt of this Addendum N4,acknowledged n� 10/02/2024 Authorized Signature Date Weisinger Incorporated ' ! Company Name "4'�or .. Page 1 of 1 Page 118 of 267 GENERAL/SUB-CONTRACTOR'S EXPERIENCE AND DATA INFORMATION Name of Company: Weisinger Incorporated Company Years in Business: 49 years List Municipal Projects (Similar Projects in Size and Scope Completed in Last 10 Years) Project Municipality $ Amount Type See attached qualificat ons sheet Date Superintendent & Project Manager Information Include Superintendent proposed for the project, years of experience as superintendent, project manager proposed for the project, and years experience as project manager Superintendent Years Experience Projects See attached uualifications sll 3 Project Manager Years Experience Projects See attached qualifications s. eet 25-003 ITB Rehabilitation of Water Well No 3 Page 21 of 86 Page 119 of 267 References: Name projects of similar work, giving owner's name, representative's name, project engineers name, and telephone numbers for each See attached qualifications sheet 2. 93 4. 5. 25-003ITB Rehabilitation of Water Well No. 3 Page 22 of 86 Page 120 of 267 CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicate to any other bidder prior to the official opening of this bid. Additionally, the undersigned affi s that the firm is willing to sign the,onclosed Standard Form of Agreement without modific Ions. 0` .. `' President Signed By: Scott Weisinger Typed Name: _ - ,�� Cdii *arXap,4. z isinger Incorporated V Phone No.: 936-756-7721 (a�36-756-7723 i71 -111t 11"�, ; Email: sweisinger(ibweisingerinc.com Bid Address: PO Box 909 Willis Texas 77378 P.O. Box or Street City State Zip Order Address: PO Box 909 Willis Texas 77378 P.O. Box or Street City State Zip Remit Address: PO Box 909 Willis Texas 77378 P.O. Box or Street City State Zip Federal Tax ID No.: 74-1873938 DUNS No.: 02-082-1864 Date: 10/02/2024 END OF BID #25-003 25-003 ITB Rehabilitation of Water Well No 3 Page 27 of 86 Page 121 of 267 Franchise Search Results about:blank Franchise Tax Account Status As of: 10/08/2024 12:13:07 This summary page is designed to satisfy standard business needs. If you need to reinstate or terminate a business with the Texas Secretary of State, you must obtain a certificate specific to that purpose. WEISINGER INCORPORATED Texas Taxpayer Number 17418739383 Mailing Address PO BOX 909 WILLIS, TX 77378-0909 A Right to Transact Business in ACTIVE Texas State of Formation TX SOS Registration Status (SOS status updated each business ACTIVE day) Effective SOS Registration Date 06/28/1976 Texas SOS File Number 0038399100 Registered Agent Name MICHAEL S WEISINGER Registered Office Street Address 18150 INTERSTATE 45 N WILLIS, TX 77318 1 of 1 1age PY2162f YUM -W EISIINGER �i INCORPORATED PO Box 909 • Willis, TX 77378 936-756-7721 • 936-756-7723fax www.weisingerinc.com Serving Texas and beyond since 1975, Weisinger Incorporated operates from our corporate headquarters in Conroe and a branch office in Tyler and San Antonio area. In addition to our ability to dispatch from these locations, we have a large, dependable fleet of drilling rigs and technician trucks staged across the state. We can respond quickly to any need in the water industry. Weisinger Incorporated uses multiple well drilling techniques and advanced geophysical analysis to produce wells of excellent quality and volume. We construct large- and small -diameter water wells and we operate in the following sectors: WELL CONSTRUCTION ✓ Industrial ✓ Commercial ✓ Municipal ✓ Agricultural Our fleet of heavy-duty service rigs and large staff of licensed pump installers, pump technicians and supervisors are ready to quickly and accurately complete your next well or pump rehabilitation project. Services include: WELL SERVICING ✓ Well and pump performance testing ✓ Full service machine shop ✓ Full service pump shop ✓ Full line of electrical monitoring and diagnostics equipment ✓ Water level testing and indicators ✓ Vibration and thermal analysis ✓ Down -hole Television Analysis ✓ Geophysical logging ✓ Trouble shooting of Motors and Pumps ✓ Repairs and replacement of motors ✓ Repairs and replacement of submersible and line shaft turbine pumps ✓ Repair and replacement of right angle gear drives ✓ Cleaning of screen and casing, including: o Chemical and physical methods o SONAR -JET ® techniques ✓ Well redevelopment ✓ Casing repair, including patching and swaging operations ✓ Reline or replace screens ✓ Cathodic well protection ✓ Test pumping to all capacities ✓ Plugging and abandonment of wells to TCEQ specifications ✓ Professional engineers on staff Page 123 of 267 -r,,�C-WEISINGER "1 0 INCORPORATED PO Box 909 . Willis, TX 77378 936-756-7721 • 936-756-7723fax www.weisingerinc.com Weisinger Incorporated's experienced technicians provide in-depth analysis of well and pump problems. A solution will be presented in a timely and efficient manner. Our large staff of mechanics, field technicians and supervisors coupled with our fleet of heavy duty pump service rigs can provide the following services. PUMP AND MOTOR REPAIR/INSTALLATION ✓ Provide turn -key service ✓ Pull and service pumps and motors ✓ Receive and service pump and motor components ✓ Sell and install (if needed) new pumps and motors ✓ Rent complete line of pumps and motors (primarily for vertical pumps and water wells) ✓ Analyze Electrical monitoring and diagnostics equipment: o Vibration and thermal analysis o Troubleshooting motors and pumps o Professional engineers on staff ✓ Operate a full -service machine shop to repair the following pump and motor types for all water applications: O Deep well line shaft and submersible turbine pumps o Vertical booster pumps o High service mixed flow pumps O Split case pumps o Horizontal and end suction pumps o Motors (1,200, 1,800 and 3,600 RPM) ■ Vertical hollow shaft ■ Vertical solid shaft ■ Submersible o Right angle gear drives METHODS AND TECHNOLOGIES ✓ Field service and machining ✓ Custom machining and balancing ✓ Seal and bearing services ✓ Base plate fabrication ✓ Grout removal and replacement Page 124 of 267 f- NGER ��� INCORPORATED PO Box 909 • Willis, TX 77378 936-756-7721 • 281-353-8484 • 936-756-7723fax www.weisingerinc.com Well Workover & Rehabilitation Equipment Inventor The Weisinger team's sense of urgency to solve customer needs safely and sustainably is a major tenet of our customer service approach. One of many avenues that the Weisinger team utilizes is providing only the safest, updated, and professionally maintained equipment the industry has to offer. • Work -Over Rigs Weisinger Incorporated offers (27) workover rigs with capacities in excess of 200,000lbs. Each rig has access to over 60,000 feet of workover and drill pipe at a moment's notice. • Boom Crane Straight Trucks Weisinger Incorporated offers (5) straight truck tractors with 52,000lbs of carrying capacity along with 40,000lbs of lifting capacities. • Boom Crane 51h Wheel Trucks Weisinger Incorporated offers (4) 5th wheel truck tractors with 100,000lbs of carrying capacity along with 40,000lbs of lifting capacities. • Winch Trucks Weisinger Incorporated offers (5) Heavy Duty Tri-Axle/Four-Axle trucks with hauling capacities in excess of 200,000lbs. These are trucks are equipped with winch's that can pull up to 250,000lbs when double lined. • Support Equipment & Tools Weisinger Incorporated offers an extensive inventory of support tools which includes air compressors with capabilities up to 350PSI/1200CFM, Test pumping equipment with capabilities in excess of 5000GPM, as well as a multitude of handling tools, drilling tools, and other well servicing equipment. Page 125 of 267 NGER ecINCORPORATED PO Box 909 • Willis, TX 77378 936-756-7721 9 281-353-8484 • 936-756-7723fax www.weisingerinc.com Key Personnel Board of Directors M. Scott Weisinger. P.G. - Driller/Pump Installer License #1992 CKLMPTW Licensed Professional Geoscientist 42 years' experience President & CEO Michael S. Weisinger Jr. - Driller License #58019 W Bachelors' in Agr., Texas A&M University 14 years' experience Vice President Camille S. Weisinger Bachelors' of Arts, Texas A&M University 28 years' experience Treasurer & CFO Beth W. Taylor Masters' of Public Service Administration, Texas A&M University Bachelors' in Business Administration in Management, Texas A&M University 10 years' experience Corporate Secretary staff Charlie Liesberger 15 years experience in water well and pumps Rik Allbritton-Driller/Pump Installer License #4633 40+ years experience Operations Manager BJ Alldredge — Pump Installer License #54930 KPT 35 years experience Field Superintendent Larry Thrasher — Pump Installer License #54932 KPT 26 years experience Shop Foreman Eric McAlpine — Engineer License #98265 25+ years experience in hydrology and pump applications Exective Account Manager & Special Projects Steve Woolley, P.E. — Engineer License #110841 40+ years' experience Project Engineer John Taylor, PhD —Water Treatment License #WT0004514 15+years' experience Water Treatment Specialist James Forder— Pump Installer License #4439KPT 35+ years experience Sales and Field Superintendent Regulated by the Texas Dept of Licensing & Regulation P.0 Box 12157 Austin, TX 78711 (800)803-9202 or (512)463-7880 TDLR 1992 At Page 126 of 267 �ENoIN RP GER Ronnie Castaneda — Pump Installer License # 59330 10+ years experience Field Superintendent Jeff Boon —Tyler Office Branch Manager 20+years pump experience Project Manager Steve Bell — San Antonio Office Branch Manager 39+ years experience in water well and pumps Steve Martin —Account Manager; Driller/Pump Installer License #54201 AKPT 25+years experience John Mingle —Account Manager 40+years experience Francisco Ochoa — Project Manager Bachelors of Science in Geophysics, Texas A&M University 6 Years Experience Cameron Weisinger 13 years experience Field Superintendent Cristian Rivera 15 years experience in water well and pumps Garrett Hester — Pump Installers License #60456, KPT 9 years experience in water Well and pumps Rylan Allbritton — Driller License #59846 W 14 years experience Drilling supervisor Neil Rollie — Driller License #2048 AKPT 45+years experience Drilling supervisor / Consultant Seth Flynt — Drillers License # 61116 W 8 years experience Project manager Jackie Blood 30+years experience Safety manager Page 127 of 267 BEN ORPOR M PO 8=909 • WA,, TX 7737a 936- 756-7721 . 93675 5-7723 !a Job Experience Project Name Owner's Contact Columnl [ Design Engineer [ Column2 Name City of Sherman Name. Oscar Canales City of Sherman Address. PO Box 1106 Company: City of Sherman Shepherd 17 Sherman, TX 75091 Phone: 903-892-7321 Phone 903-892-7237 IN... Inframark Name Herbert Lyons City of Groveton Address P 0. Box 14307 Company. I nframark We112 Humble, Texas 77346 Phone: iherbert.lyons@Inframark com Phone JJ Name Name- Harris County WCID 89 Address- In care of engneer Matt Kelley Company: Water Well2 MK Engineering & Consulting Phone: e Phon 'Name I Name ; Nathan Stanfield Ft Bend Co MUD 182 Address In care of operating company Company 151 Environmental Well Phone 1832-490-1600 Phone 'Name. Name: Whhney Aelmore Memorial MUD Address: In care of operating company Company: Sl Environmental Well2 Phone: 932-490-1600 ,Phone. Crty of Waller Name: 1118 Farr St. Name N/A City of Waller Address: Waller, TX 77484 Company. N/A Well Markus Benoit/ Phone: N/A Phone mbenoit@wallertexas.com ' West Hardin Water Supply Name: Corporation Name, N/A West Hardin WSC Address: 16707 FM 770 Company: N/A We114 Saratoga, Texas 77585 Phone: N/A phone.arm_orbearerSW gmailxom Name: Steven Caudles _ of City 200 N Fifth Si Name. �N/A WCrockett ell1 �Address Crockett, TX 75835 Compa ny' N/A Phone, audles@crocketttexas.org Phone' N/A Name: Name Tyson Vyvlal Harris Co MUD 412 Address. Company: 51 Environmental Well 2 Phone 832-471-9479 Phone: In care of operating company [ Contract Date Type of Work [ Cost of Work Project Manager [ Superintendent Pumping 09/23 Equipment and $ 757,073.00 Randy Hagen i Ronnie C;15[aneda Well Rehab+ Repair Liner _ _ Pumping 09/23 Equipment and �$ 160,492.00 francisco 0choe Cameron Weisinger Well Rehab — — Pumping 09/23 Equipment and $ 105,140.00 Charlie Uesberger Cameron Weisinger Well Rehab Pumping 09/23 Equipment and $ 199,712.00 randy hagen Cameron Weisinger Well Rehab Pumping 09/23 Equipment and $ 346,601.00 Charlie Uesberger Camemn Weisinger Well Rehab Pumping 09/23 Equipment anc $ 118,173.00 Francisco Ochoa Cameron Weisinger Well Rehab 09/23 Equipment repairs $ 57,158.00 Francisco Ochoa Cameron Weisinger I Pumping 08/23 Equipment and $ 174,542.00 Francisco Ochoa Cameron Weisinger Well Rehab 08/23 Equipment repairs � $ 98,904.00 Charlie Uesberger Cameron Weisinger Page 128 of 267 Project Name r{ Owner's Contact Columnl Design Errgineer 1 [alumni (Name. (Regional Water Corporation Name: �N/A Regional Water Corp Address' PO Box 690406 Company. 1N/A Water well2 Phone Houston, T% 77219 sstevenspstoeckercorp coin Phone i_ N/A _ Name: f Brian Cobert I City of Navasota Address: PO Box 910 Name- N/A We114 Navasota, TX 77868 Company: 7N/A .Phone, bcolbert@navasotatx gov Phone N/A Name: Address, Name: Justin Wagner, PE Harris Co MUD 391 In care of Engineer Company Miller Engineering, Inc Well 1 Phone �RG 281-921-8750 Phone Name: Name: Kameron Pugh, PE Harris Co MUD 368 Address: In care of engineer Company: IDS Engineering Group We115 Phone- 713-462-3178 Phone Name: Crty of Bndge City Name: I [N/A City of Bridge City AddressLPD O%846 Well4 I e Crty, Texas 77611 Company IN/A Phone 853-2230 Phone fN/A iRod Name: US Water Service Corporation Hainey City of Meadows Place 'Address, One Troyan Drive Name: US Water Service Corp Well1 Meadows Place, Texas 77477 Company: pubhcworks@dtyofineadowsp Phone- Phone- _ a_ce.org Name: jlGreg Phipps East Montgomery Co MUD 3 Name: J.A. Constanza & Associates We113 �Aciclress' Company Engineering Phone: In care of Engineer Phone- ,gephipps@Jac-ce.com Name: Angelina WSC_ _._.__,�.._ Angelina WSC Address 5978 Fans -To -Market 841, Name: N/A Well Lufkin, TX 75901 Company: Phone: N/A N/A ,Phone. andysexton@angelmawateccom West Har�d,7nWater Supply Corporation Name. 1N/A d West Hardin WSC Address 167117 FM 7C Company: FN/A We l Saratoga,Texas 77585 Phone Phone• armorbearer50@gma'Lcom IN/A Name. City of Sherman City of Sherman Address. PO Box 1106 Name: Company: Oscar finales City of Sherman Tuck 1Trinity Sherman,TX75091 Phone, 903-892-7237 Phone: 903-892-7321 m �Nae _ _ infra Harris County MUD 132 Address PO Box 14307 Name: Company: N/A IN/A We112 Humble, TX 77346 Phone (Phone. Allen Jenkins 'N/A Name. City of Nacogdoches Crty of Nacogdoches Address: 202 East Filar Street Name: Ronnie Lyles Well 7 Motor Nacogdoches, TX 75961 Company. City of Nacogdoches Phone- Ilylesrw@nctx.us tkk Phone- Weisinger Incorporated Job Experience «%E.RRPPOER j Contract Date Type of Work I Cost of Work Project Mknager I SioeriMendent Pumping 08/23 Equipment and $ 183,134.00 francisco Ochoa Cameron Weisinger Well Rehab Pumping O8/23 Equipment and $ 159,528.00 Francisco Ochoa Cameron Welsinger Well Rehab Pumping 08/23 Equipment and $ 424,466.00 Charlie Liesberger Cameron Welsinger Well Rehab t Water Well & 07/23 Pump $ 371,935.DD Randy hagen Cameron Welsingeri Rehabilitation y ' 07/23 Minor repairs $ 24,426.00 Francisco Ochoa Cameron Welsinger Pumping 07/23 Equipment and $ 317,183.00 Charlie Uesberger Cameron Welsinger Well Rehab Pumping O6123 Equipment and $ 187,739.00 Randy Hagen Cameron Welsinger Well Rehab 06/23 Pumping 5 47,126.00 Francisco Ochoa Cameron Welsinger equipment Pumping O6/23 Equipment and $ 66,48500 Francisco Ochoa Cameron Weismger Well Rehab O6/23 Pumping `I $ 424,320.00 Randy Hagen Ronnie Gstaneda EgiupmeM 1 Pumping O6/23 Equipment and $ 297,224.00 Charlie Liesberger Cameron Welsinger Well Rehab O6123 Motor repairs $ 13,644.00 Francisco Ochoa Cameron WeisingerI Page 2 Page 129 of 267 •Project Name ' Owner's Contact I Columnl_ Design Engineer Column2 Name: IBrian Colbert Name N/A City of Navasota Address PO Box 910 Company IN, Well Navasota, TX 77868 Phone. EN/A Phone. bcolbert@navasotatx gov r Name: City of Tomball City of Tomball Address 501 James Street Name. John Escamilla We116 Tomball, TX 77375 Company. City of Tomball Phone: 281-290-1424 Phone: 281-290-1427 Fort Bend County W.C.I D No. Name. David Matherne Name• I N/A 2 Address 23315 Main Company 9N/A Brand Lane Well 1 Stafford, TX 77477 IPhone. Phone dma[hern_e@fbcwad2 com iN/A Name. Billy Smith rm Astong WSC Address. 100 East Travis Street Name. N/A Well Holland, Texas 76534 N/AA Phone: billysmhhaws_c@yahoo.cont Ph ^Peony. Name City of Huntsville �e _ City of Huntsville Address Avenue M Name' Company aloe Massey of Huntsville We1117 �1212 Huntsville, Texas 77340 laty Phone: 936.291-5970 Phone 1936-291-5970 Name. -- -- - Harris County WCID89 Address: Name: Matt Kelley Water Well 1 In care of engineer Company. MK Engineering & Consulting Phone: Phone. Na me (Name 1lohn Taylor Brookshire MUD Address In care of operating company Company I ;MOC Well3 Phone com Phone: ;Jtaylor@municipallops Name: City of WAIis Name: LightPoint Engineering City of Willis Address: 200 N Bell Company. Mike Mathena Water Well4 Willis, Texas 77378 Phone: 936-207-9984 Phone- In care of Engineer Name. lCity of Wdbs City of Willis Address: 200 N Bell Name Company. LLightPamt Engineering I Mathena Water Well5 Will s, Texas 77378 !Mike Phone pIn care of Engineer IPhone — f936-207-9984 — i Name: 'Cityof Conroe Name: N/A City of Conroe Address: P.O Box 3066 Company N/A Water Well Nos.7 & 14 Conrce, Texas 77305 Phone- N/A Phone. 936-522-3000 Name: E`Gry of Huntsville e IN/A City of Huntsville Address 11212 AvenueM Name: Water Well No. 17 lHunlsville, Tex as 77340 Company N/A Phone• 936-291-5970 Phone IN/A Name, Hudson Water Supply Corporation Name: N/A HonWSC Hudson uds WSell Address: 3032 Ted Trout Onve Company. N/A WP4Lufkin, Texas 75904 Phone• lil/A Phone• 936-875-2146 1 Weismger Incorporated Job Experience E�SIRNGERTED Contract Date ' Type of Work Cost of Work ] Project Manager I Superintendent Pumping OS/23 Equipment and $ 107,603.00 Francisco Ochoa Cameron Weisinger .I Well Rehab Pumping 05/23 Equipment and $ 169,255.00 Charlie Uesberger Cameron Weisinger Well Rehab 04/23 1 Motor repairs $ 22,334.00 I Charlie Liesberger Cameron Weisinger Pumping 04/23 Equipment and $ 109,674.00 Francisco Ochoa Cameron Weisinger Well Rehab Pumping 04/23 Equipment and $ 315,159.00 Charlie Liesberger Cameron Weisinger Well Rehab 03/23 Pumping $ 71,383.00 Charlie Uesberger Cameron Weisinger Equipment Pumpmg 04/23 Equipment and $ 200,738.00 Charlie Liesberger Cameron Weisinger Well Rehab Water Well & 02/23 Pump $ 66,060.00 Randy Hagen Cameron Welsinger l Rehabilitation Water Well & 02/23 Pump $ 227,895.00 Randy Hagen Cameron Weisinger Rehabilitation I Water Well & 02/23 Pump $ 346,287.00 Randy Hagen Cameron Welsinger I Rehabilitation Water Well & 02/23 Pump $ 302,114.00 Charlie Liesberger Cameron Weisinger Rehabilitation Water Well & 12/22 Pump $ 208,124.00 Francisco Ochoa Cameron Weisinger Rehabilitation Page 3 Page 130 of 267 Project Name Owner's Contact I Columnl I Design Engkreer I Column2 Contract Date Type of Work I Cost of Work I Project Manager I Superintendent Name: E7H0S ENERGV Name N/A Water Well & Ethos Energy Address end I Power, LLC c/o Colorado Bater Company. N/A 12/22 Pump $ 323,040.00 Charlie Liesberger Cameron Weisinger WWell No. 02 3863 South State Hwy 60 Phone WHARTON,TX 77488 %_-- — Phone. N/A Rehabilitation Name: City of Katy David Kasptt City of Katy Address- 5454 IF —Rd Name Company: Arkk Engineers 12(22 Water Well & Pump $ 213,691.00 Charlie Liesberger Cameron Weisinger Water Well No. 09 Katy, Texas 77493 Phone: david.kasper@arkkengineers.c RehabilitationPhone. . In care of Engineer I Name. WCID NO. 89 Well No. 1 Harris Cc WCID 89 Address �HC 14503 East Braden Dr raden Name Company MK Engineering Matt Kelley 12/22 Water Well & Pump $ 71,838.00 Charlie Liesberger Cameron Weisinger Water Well No. Ol Phone Houston, TX In Care of Engineer Phone: 1214-501-3354 i Rehabilitation Name, City of Euless City of Euless Address- 201 N. Ector Drive Name: N/A Far North and Fuller Company: N/A 12/22 Well Disinfection $ 225,109.00 Randy Hagen Cameron Weisinger Disinfection Euless, TX 76039 Phone- N/A Phone. 817-685-1694 Name. City o11,,e, Village I Crty of Jersey Village Address. Dr., 16327 LakSeattle o &Sparks, Inc �N,.mpe,.'eview Co liBrm Cartwrightoks 12122 Well Plugging $ 40,000.00 Francisco Ochoa Cameron Weisinger Well 1 Phone Jersey Village, Texas 77040 In Care of Engineer Phone I281-578-9595 Name: NRGW.A Parish Plant NRG Parish Address: 2500 Y U. Jones Rd. Name: N/A Water Well & Company: N/A 12/22 Pump $ 324,639.00 Charlie Uesberger Cameron Welsinger Water Well No. 06 Thompson,, TX 77481 Phone: N/A Rehabilitation .Phone. 713-299-2879 Name Apnl Sound Country Club I April Sound Address 1000 Apnl Sound Blvd Name• Water Well & Company. IN/A N/A 12122 Pump $ 67,041.00 Francisco Ochoa Cameron Weisinger Well2 Montgomery, TX 77356 Phone N/A Rehabilitation Phone 936-588-1101 r FORT BEND COUNTY MUD #131 Name: c/o SI ENVIRONMENTAL, LLC Name: N/A Water Well & Fort Bend Cc MUD 131 Address. 6420 READING ROAD Company: N/A 11/22 Pump $ 63,090.00 Charlie Liesberger Cameron Weisinger i ROSENBERG, TX 77471 Phone: N/A Rehabilitation Phone: 932-490-1600 Name: ICorix Utilities Texas, Inc i Name N/A Water Well & Corix Utilities Address. E9300 Mound HIII Rd Company: N/A 09/22 Pump $ 39,800.00 Randy Hagen Cameron Weisinger Gun and Rod Estates Well Pp Brenham, Tex as77833 N/A Rehabilitation Phone §877-718-4396 iPhone 'Name: Georgetown Utility Systems City of Georgetown iAddress: 300-1 Industrial Ave Name: Company: N/A N/A 11/22 Water Well& Pump $ 72,881.00 Randy Hagen Cameron Weisinger i Water Well No. 07 Georgetown, TX 78626 Phone. N/A Rehabilitation Phone: 512-869-3555 _ Name. Orange County WCID No 1 IN/A Water Well & Orange Co WCID 1 Address 460E Bolivar Company. N/A 11/22 Pump $ 105,298.00 Randy Hagen Cameron Weisinger Water Well No. 5 77662 Rehabilitation 409-4 9- 409-469--2fi69 iPhone. iN/A _Phone. Harris County MUD 46 ` — Name- c/o JEPA Services, Inc. Name: N/A Water Well& Harris County MUD 46 Address P O. Box 683129 Company: N/A 11/22 Pump $ 229,333.00 Francisco Ochoa Cameron Welsinger I I Water Well No. 01 Houston, Texas 77268 Phone N/A Rehabilitation Phone 281-377-9100 EISINGER Page4 Weisinger Incorporated Job Experience �. j RP0RNTED Page 131 of 267 laProject Name Owner's Contact Colu_m_n1 I Oesign Engineer I Column2 Name NRG W.A Parish Plant Name IN/A NRG Pansh Address 2500YU. Jones Rd. IThompsons, TX 77481 Company N/A Water Well No 04 p Phone: N/A Phone: 713-299-2679 Name. David tejune Orange County WCID 1 Address 460 E. Bolivar Name: N/A Wells Vrdor, TX 77662 Company: N/A Phone: dlejune@ocwcl.com Phone: N/A Name Name, N/A East Plantation UD gddress Franklm Gallegos Company N/A Well 2 447 Cumberland Trail Phone. N/A Phone. Conroe,TX 77302 Name: Name: Mark Swanson, PE Harris Co MUD 477 Address: In care of engineer Company UA Engineering, Inc Well 1 Phone: 713-953-5026 Phone: TE%aS7iCnV1UTIVerSny- Name 710 Agronomy Rd, Suite 3101 Name. N/A Texas A&M Golf Course Address: 6000 TAMU Company. N/A Irrigation Well iColle a Station, TX 77843-6000 g IIII PPhone: N/A Phone, E806-474-7848 Name- City of Georgetown i Name: N/A City of Georgetown Address: 300-1 Industrial Ave Company: N/A Water Well No. 10 Georgetown, TX 78626 Phone: N/A Phone ,Name �512-9930-3640 ,H� arris Co MUD 368 Name IDS Engineering Group Hares County MUD368 Address Parkway, Suite 109, Company. Xameron Pugh Water Well No 05 �24922T.nnball Tomball, Texas 77375 Phone: 713-462-3178 Phone Care of Engineer Name: City of Huntmlle Name N/A City of Huntville Address: 1212 Avenue M Company. N/A Well 21 Huntsville, Texas 77340 Phone: N/A Phone. 936-291-5970 Name City of College Station �N.nne David Hun, P E nFreese Cityof College Station Address. 1101 Texas Ave Company and Nichols Well 1 & 2 Rehabilitation College Station, l7(77840 phone: 346-320-1582 P97 hone 9,764-3500 l Name City of Conroe Name Daniel Roberts City of Conroe Address: P.O. Box 3066 Company: City of Conroe Well Conroe, Texas 77305 Phone: 936-522-3000 Phone. 936-522-3000 April Sound _ Name Address April Sound Country Club 1000 April Sound Blvd T _ Name N/A Well Mtgomery, TX 77356 on936-588-1101 Com an P y Phone: N A I / N/A Phone: , Weisinger Incorporated Job Experience &11 IN}GER Contract Date I Type of Work j Cost of Work I Project Manager I Superintendent TWater Well& 1 11/22 Pump $ 242,521.00 Charlie Uesberger Cameron Weisinger Rehabilitation Pumping 11/22 Equipment and $ 105,258.00 Francisco Ochoa Cameron Weisinger Well Rehab 1i122 Motor rFpai rs 5 19,719.00 Francisco Ochoa Cameron Weisinger 11/22 Well Rehab $ 103,138.00 Seth Flynt Cameron Wessinger Watt' wee & 70172 Pump $ 67,697.00 Francisco Ochoa Cameron Weisinger itehabilhatian Water Well & 70/27 Pump $ 119,827.00 Francisco Ochoa Cameron Weisinger Rehabilitation W" wen B 09/22 Pump $ 1u1.61-nl: Randy Hagen Cameron Weisinger RehabiRtarlon Water Well & 09/22 Pump $ 229,196.00 Francisco Ochoa Cameron Weisinger Rehabd'itatron Water Weil & OW7,2 Pump S 461i928.00 Randy Hagen Cameron Weisinger Rehabilitation W amr Watl & 07/2.2 Pump $ 7115,100-00 Randy Hagan C.r=erxr WeAMger 1 R�habifliaifnn Water Well & 07/22 Pump $ 65,984.00 Francisco Ochoa Cameron Weisinger Rehabilitation Page 5 Page 132 of 267 Project Name Owner's Contact Columnl Design Engineer Column2 ContractDate I Type of Work I Cost of Work I Project Manager I Superintendent Name. City Kaspery of Katy Name: water WrU & City of Katy Address: 5454 Franz Rd Arkk Engineers Company: 06/22 Pump $ 24D,399A0 Randy Hagen Camemn Wdnnger Water Well No. O6 david.kasper@arkkengineers.c Katy, Texas 77493 Phone. RehahllH.at;on Phone: In care of Engineer C" orsTrrentrma— om IName 26090 FM 2090 East Name +N/A Gty of Splandora Address, Spelndora, Texas 77372 Company I OS/22 Water Well No. 04 dannawelter@gmalI com Phone IN/A PLone IN/A Name: City of Rockdale Name: N/A City of Rockdale Address: PO Box 586 Company: N/A OS/22 New Texas Well 10 Rockdale, Texas 76567 Phone- N/A Phone. _ 512-446-5620 - I City of Bridge City Name, N/A City of Bndge City Address: IN PO BOX 846 Company. N/A 04/22 Water Well No Bridge City, Texas 77611 Phone. N/A (Phone 409-853-2230 Name: Lake Bonanza WSC Name: N/A Lake Bonanza WSC Address: 114 Danville St Company: N/A 04/22 Well 01 Willis, Texas 77378 Phone: N/A Phone. 936-SS64199 Name: imreen rratrslwoo 1300 Post Oak Boulevard, Suite Name: I! !Drew Afford Green Trails MUD MUD Address 1400 Company. Tones (Carter, Inc 04/22 Remote Well Rehabails in Houston, Texas 77056 Phone Phone In care of Eng I713-777-5337 Name. City ofVictorla Name: Darrell Seibert, P.E. City of Victoria Address. 702 N. Main Street Company: City of Victoria 03/22 Well Victoria, Texas 77901 Phone- 361-485-3340 Phone: 361-485-3340 Name- Johnathan Blakeley Name MSEC Enterprises Address- PO Box 970 Company IN/ N/A 02/22 WP No.3 Well 2 Navasota, TX 77868 Phone' N/A Phone. jblakley@midsouthsynergy,cam Name: Stefan Schuster Name: N/A EPCOR Address: 2599 FM 696 Company: N/A 02/22 Water Well No. 02 Caldwell, TX 77836 Phone: N/A Phone: Jlulewia@epc -.com Name. Gerald Hadley Name. I IN/A Albamade Corporation Address. 2500N South St Company N/A 02/22 Wall 1227 Pasadena, TX 77503 Phone iN{A _J Phone Gerald hadley@albemarle corn Weisinger omtedJobEx Experience �ISWGEED K P P 'INCOMGER Water well Pump S B=.:JsS 01) Randy Hagen Cameron Weisinger RchablPa*tim Water Well & Pump $ 54,196.00 Francisco Ochoa Cameron Welsinger Rehabilitation Water Well & Pump $ 95,172.00 Randy Hagen Cameron Weisinger Rehabilitation I Water Well & Pump $ 33,379.00 Francisco Ochoa Cameron Weisinger Rehabilitation Water Well & Pump $ 219,764.00 Randy Hagen Cameron Weisinger Rehabilitation Water Well and Pump $ 147,022.00 Francisco Ochoa & B1 Alldredge Rehabilitation Randy Hagen Motor repairs $ 59,081.00 Randy Hagen Cameron Weisinger Waterwellrework, $ 51,258.00 Randy Hagen Cameron Weisinger Well Rehabilitation $ 88,940.00 Randy Hagen Cameron Weisinger and Pump Repairs Page 6 Page 133 of 267 Project Name Owner's Contact Columnl Design Engineer Column2 ContractDate Type of Work Cost of Work Project Manager Superintendent Name Buddy Brand Name: N/A City of Katy Address: 5454 Franz Rd Company: N/A Osnl MpfLr repairs $ 22,535.90 Randy Hag"Caimaran WeNingar Water Well No. 05 Katy, Texas 77493 phone: N/A Phone: mbrand@cityofkaty.com N-0 Buddy Brand 15454 (Name IN/A Crty of Katy Address Franz Rd (Company JIN/A 01122 Moor rCpnim $ 13,032.00 Randy Hagen Cameron Wessinger Water Well No. 9A I Katy, Texas 77493 Phone �N/A Phone mbrand@cityofkaty com Name. Jeffrey Zgabay Name, N/A City of Caldwell Address 1103 Commerce St Company: N/A O1/22 Motor repairs $ 22,672.00 Francisco Ochoa Cameron Weisingerr Wells Cal dwell, TX 77836 Phone: N/A Phone. 979-567-3271 nsree / i.than Blak—y Name MSEC Enterprises Address: lFhone PO Box 970 Company' jN/A 12/21 Motor repairs $ 27,798.00 Francisco Ochoa Cameron Weisinger Woodforest Water Well Navasota, TX 77868 Phone, IN/A iN/A Jblakley@midsouthsynergy,com _ _ III Name: David Lqune _ Name N/A Pumping Orange Co WCID 1 Address: 460 E. Bolivar Company: N/A 12/21 Equipment and $ 141,55100 Randy Hagen BJ Alldredge Water Well No.7 Wdor, TX 77662 hone: N/A Well Rehab Phone: dlelune@ocwcl corn F-7117€: . • e Whrte City of Shepherd Address: 11020 TX 150 Name. Company. N/A N/A 12/21 Motor repairs $ 12,540.00 Randy Hagen Cameron Weisinger Water WeII No. 02 Shepherd, TX 77371 !phone: iN/A Phone Jamiewhrte716@yahoo com Name: Josh Arinheld Name, N/A Pumping Meeker MUD Address: 1443 Hwy 695outh ComPary: N/A 12/21 Equipment and $ 99,481.00 Randy Hagen BJ Alldredge Water Well No 1 Koutze, TX 77625 Phone: N/A Well Rehab Phone. utilitymnovations@gmad.com ae� Jonnathan Blakeley Name N/A MSEC Enterprises Address PO Box 970 Company- N/A 12/21 Pumping $ 44,603.00 Francisco Ochoa Cameron Weisinger Forest Lodge Well Navasota, TX 77868 phone. N/A Equipment repairs Phone Jblakley@midsouthsynergy,com Name" '•Ban Allen City of Nacogdoches Address: PO BOX 635030 Name. Company: N/A N/A 12/21 Pumping $ 260,421.00 franusco Ochoa Bl Alldredge Water Well 12 Nacogdoches, TX 75963 phone. N/A Equipment Re pairs Phone. afenb@a.nacog1oc1e,.tx,us rvalll! {.hase Ned i T — — ity of Lexington Address: PO Box 56 Name' Company N/A N/A 12/21 Water Well $ 59,980.00 Randy Hagen BJ Alldredge Water Well No 06 I Lexington, TX 78947 Phone. N/A Rehabilitation !Phone chase �� R, 'Name: Randy Baker Name: N/A Merry Water Supply Address: 51 Perry Lane Company. N/A ]llel Pumping $ 25,450.00 Francisco Ochoa BJ Alldredge Water Well Cleveland, TX 77328 Phone: N/A Equipment repairs Phone. 936-661-6331 Fort Bend County MUD 169 Addrcc dZre Name: Michael Haralson Pumping $ 182,259.00 Francisco CCR WP 3 Well In care of engineer Company Phone R&B Group Inc 713-502-3998 11/21 Equipment repairs Ochoa Bl Alldredge Phone SINGER Weisinger Incorporated Job Experience 1/N IRMRPage 7 Page 134 of 267 Project Name { Owner's Contact { Coiumnl I Design Engineer { Column2 Name: Randy Baker Mercy Water Supply Address 51 Perry lane Name N/A Water Weil 4 Cleveland, TX 77328 Company. N/A Phone. 936-661-6332 Phone, N/A �Name James hugnes Name N/A City of Weimar IlAddress PO Box 67 ,Company N/A Water Well No. 08 I Weimaq TX 78962 ,P hone N/A Phone 79 9-725-8554 i 'Name: Brian Breedmg Harris County FWSD 61 Address. 13205 Cypress N. Rd, Ste 104 Name. N/A Water Well No.2 Cypress, TX 77429 Company. Phone: N/A NIA Phone: bdbreeding@distnct61 org Name 0, nennau City of Sherman Address. PO Box 1106 Name Oscar Canales Plugging3 Wells �U,y Sherman, TX 75091 Company Crty of Sherman -hnne 903-892-7237 Phone 903-692-7321 Name: Steve Vaughn April Sound Country Club Address: 1000 April Sound Blvd Name: N/A Water Well No. 03 Montgomery, TX 77356 Company. Phone. N/A N/A Phone steve.vaughn@ciubcorp.com name. jphilhp Dautnch !Name. Hams County MUD 370 Address* �PO Box 2749 Company N/A N/A Water Well No.l ISpring, TX 77383 Phone N/A Phone: Name: Crty of Sherman Cityof Sherman Address: PO Box 1106 Name: Oscar Canales Luella 3 Trinity Well Sherman, TX 75091 Company: City of Sherman Phone: 903-892-7237 Phone: 903-892-7321 C Y Name: Brian Perkins Carnzo Groundwater Supply Name 933 Court Street Project Address Seguin, Texas 78155 Company. GBRA 830-560 3983 Phone 830-560-3983 Phone Name: Evan Kirk Name: N/A City of Wallis Address 6810 Guyler Bldgg B Water Well No.l Wallis, TX 77485 Company: N/A ,Phone. evankirk979@outlook.com -Phone: N/A Bob by lerrells I City of Willis Addre �200 N Bell St Name: N/A Water WeII No. 07 INames, I Willis, TX 77378 Company: N/A , Phone %rjarrells@ci wdbs ix us Phone- N/A Name Stacy Codey City of Nacogdoches Address: PO Box 635070 Name: N/A Water Well No. 9 Nacogdoches, TX 75963 Company: N/A 936-559-2528 Phone. N/A _Phone: Name nanny oaxer I Name. N/A One Five 0 WSC Address: 1110 FM 2693 W Company: iN/A Water Well 2 New Waverly, TX 77358 Phone !N/A Phone ,150wsc@eastex.net SINGER 0'ENI WeismgerIncorporated Job Experience ContractDate I Type of Work I Cost of Work { Project Manager I Superintendent 10/21 Pumping 5 42,346.00 Francisco Ochoa 81 Alldredge Equipment repairs 10/21 �Equlpment Pmping $ 31,508.00 Randy Hagen BJ Alldredge Repalrs 09/21 Motor repairs 5 53,520.00 Francisco Ochoa Bi Alldredge 09/21 Well Plugging $ 25,277.00 I Randy Hagen BJ Alldredge 09/23 Well Rehabilttation- $ 64,934.00 Randy Hagen III Alldredge and Pump Repairs Pumping 08/21 Equipment and S 229,915.00 Randy Hagen BJ Alldredge Well Rehab 08/21 Pping $ 272,660.00 Randy Hagen 11 Alldredge EqulpmeumntRepairs onsanng or well 08/21 site preparation, dnllmli, construction $ and testing, and pump 7762,100.00 Michael Wessinger Rik Allbrfton and mee—n tallrtian and testing 07/21 Motor repairs $ 14,811.00 Randy Hagen BJ Alldredge 07/21 Motor repairs $ 43,096,00 Francisco Ochoa BJ Alldredge 06/21 Motor repairs $ I 15,492.00 Randy Hagen RJ Alldredge Pumping 06/21 Equipment and $ 33,287.00 F.—sco Ochoa 9J Alldredge Well Rehab Page 8 Page 135 of 267 Project Name I Owner's Contact Celumnl Design Engineer Co4umn2 Name City of Sherman City of Sherman Address- PO Box 1106 Name: Oscar Cari Cherry Park 1 Trinity Sherman, TX 75091 Company: City of Sherman Phone: 903-892-7237 Phone* 903-892-7321 Name John Wright I City of Daisetta Address. 1410 Main Street Name IN/A well & 4 Plugging Came",, Texas 77-133 Company N/A Phone Icrtyofdais.ttajw@hmma,l_com Phone: �N/A Name lohnathanBlakeley MSEC Enterprises Address- PO Box 970 Name. N/A Montgomery Trace WP 2 Navasma, TX 77868 Company. N/A Phone: Jblakley@midsouthsynergy,mm Phone, N/A Name 1In Ft Bend Co MUD 37 Address: Name Jon Strange care of engineer Company JNS Engineers Water Well No OS I Phone 713-875-2711 Phone, Name. Jeffrey con on Name. N/Astrial Ciry of Georgetown Addre Address: 300-1 induAve Company N/A Water Well No. 11 Georgetown, TX 78626 Phone: N/A Phone: Jcffrey.deleon@geargetown.org Name IkTony Ledesma City of Elgin Address. `207 Pump Station Rd iN me BP No. 03 Elgin, Texas 78621 Company N/A Phone tledesma@o elgin.tx us phone {N/A Name: Johnathan Blakeley _ MSEC Enterprises Address- PO Box 970 Name: N/A Crown Ranch Water Well 1 Navasota, TX 77868 Company N/A Phone. j_blakley_@_mldsou_thsyn_ergy,c_om Phone: N/A IDawd Sutton Name. 113406 Sand Mountain Ln Name: N/A City of Devers Address Houston, TX 77044 Company N/A Water Well No 1 dsutton@innovativeutilityoperation Phone: N/A Phone scom Name Ray Francs Aqua Texas Address. 2211 Louetta Rd Name, N/A White Oak Ranch Water Well Spring, TX 77388 Company. N/A Phone. drfrancis@aquaamerica.com Phone. N/A Name Andy Blahs 1Name. N/A City of La Grange Address 210 Svoboda Lane Company N/A Station G Water Well La Grange, Texas 78945 Phone 979-966-2264 Phone N/A 'Name: City of Wharton City of Wharton Address. 120 E. Caney Street Name. N/A Cloud Street Motor Wharton, TX 77488 Company. N/A :Phone 979-532-2491 Phone. N/A Hector SalinasName IN/A City of Kenedy ess. 604 Cottonwood StWeII16 Rel, Atation I Kenedy, T%78119 jCompany. N/A e kenedyw[p@cityofkenedy org (Phone. N/A Wessinger Incorporated Job Experience ��(SINGER NCURPt]RATED Contract Date I Type of Work j Cost of work I Project Manager j Superintendent 06/21 Pumping $ 9,938.00 Randy Hagen BJ Alldredge Equipment Repairs 05/21 Well Plugging S 26,765.00 Francisco Ochoa BJ Alldredge 05/21 Pumping $ 55,254.00 Francisco Ochoa Cameron Wessinger Equipment repairs Pumping 05/21 I Egd $ 167,726.00 Francisco Ochoa BJ Alldredge Well Rehab 04/21 Pumping $ 86,549.00 Randy Hagen Bl Alldredge Equipment Repairs 03/21 Motorrepaus S 18,740.00 Francisco Ochoa BJ Alldredge 03/21 Pumping S 49,928.00 Francisco Ochoa BJ Alldredge Equipment repairs 02/21 Pumping $ 30,824.00 Randy Hagen BJ Alldredge Equipment Repairs 02/21 Pumping $ 47,781.00 Francisco Ochoa Bl Alldredge Equipment Repairs 02/21 Water Well $ 102,171.00 Randy Hagen Bl Alldredge Rehabilitation 01121 Motor repairs $ 14,700.00 Francisco Ochoa 83 Alldredge 01/21 Pumping $ 87,623.00 Randy Hagen BJ Alldredge Equipment Repairs Page 9 Page 136 of 267 Project Name Owner's Contact I Columnl Name- City of Sherman City of Sherman Address- PO Box 1106 Lou ella 2 Woodbine Sherman, TX 75091 ,Phone: 903-892-7237 NameCrty of Devers Crty of Devers PO Box 338 Water Well 1 ]Address Devers, Texas 77538 Phone i936-549-7474 Name' City of Nacogdoches City of Nacogdoches Address: 202E Filar Water Well No. 7 Nacogdoches, Texas 75961 Phone: 936-559-2583 e sCo MUD415 Harris CoMUD495Pumping ess 3200 Southwest Fwy Ste 2600 Equipment Upgrades Em �H,rn Houston, TX 77027 In care of Engineer Name: Galveston Cc WCID 12 Galveston Co. WCID 12 Address: 524 Cien Street Fire Station Water Well Kemah, Texas 77565 Phone: In care of engineer Name Georgia Pacific Georgia Pacific Camden Address. I20121 East FM 942 Water Well No 1 !Camden, Texas 75934 Phone- .936-398-7350 Name: City of Bertram City of Bertram Address: 110 East Vaughan Street Water Well No. 9 Bertram, Texas 78605 Phone: In care of Engineer Name: 6Entergy Entergy Lewis Creek Address 111191 Longstreet Road Water WeII No 3 Willis, Texas 77318 Phone 1936-856-0617 Name: Woodland Oaks Utility Woodland Oaks Address PO BOX 690406 Water Well No. 2 Houston, TX 77269 Phone. 281-897_9100 f Name. City of Bridge City City of Bridge City Address- PO BOX 846 Water Well No. 5 Bridge City, Texas 77611 Phone 409-853-2230 Name: _ Weston Lakes CC Weston Lakes Address 32611 FM 1093 Irrigation Well Fulshear, TX 77441 Phone. 281-346-1967 Name: City of Webster City of Webster Address 1855 Magnolia Street Water Well No 1 Webster, TX 77598 Phone. 281-316-3700 Weisinger Incorporated Job Experience Design Engineer Column2 Name Oscar Canales Company: City of Sherman Phone 903-892-7321 Name Company. Innovative Utility Operations Phone Name N/A Company: N/A Phone. N/A Name, Margaret Gillentine, P E Company: UA Engineering Phone, I713-953-5200 Name, Les Dodson Company: UA Engineering Phone. 713-953-5200 Name N/A Company N/A Phone N/A R.W. Harden & Associates Name: 9009 Mountain Ridge Dr. Company. Austin, Texas 78759 Phone. 512-345-2379 Name: N/A Company N/A Phone N/A Name: — N/A Company, N/A Phone N/A �C.: �N/A ompmeany `N/A (Phone. �N/A Name: N/A �N/A Company: Phone N/A Name: N/A Company. 1 N/A Phone iN/A ER I CCO'RRPPOMT D Contract Date Type of Work I Cost of Work ! Project Manager Superintendent 01/21 Well rehabilitation. $ 176,067.00 Randy Hagen Bl Alldredge 01/21 Water Well Rehabilitation $ 30,824.00 Steve McGinnis Bl Alldredge 01/21 Pumping $ 206,184.00 Randy Hagen Bl Alldredge Equipment Repairs i 01/19 Pumping $ 46,801.00 Randy Hagen BJ Alldredge Equipment Repairs Water Well and Francisco Doa ch& 12/20 Pump $ 456,390.00 B1 Alldredge Rehabilitation Randy Hagen 11/20 Water Well and Pump $ 307,240.00 Francisco Dchoa I BJ Alldredge Rehabilitation 11/20 Water Well and Francisco Dchoa& Pump $ 61,001.00 Randy Hagen Bi Alldredge Rehabilitation Water Well and 09/20 Pump $ 113,616.00 Randy Hagen BJ Alldredge Rehabilitation fill 08/20 Pumping $ 98,640.00 Randy Hagen BJ Alldredge Equipment Repairs Water Well and 08/20 Pump $ 38,160.00 Randy Hagen B1 Alldredge Rehabilitation 08/20 Motor repairs $ 25,690.00 Randy Hagen BI Alldredge 08/20 Motor Repairs $ 9,511.00 Randy Hagen BJ Alldredge Page 10 Page 137 of 267 Project Name Owner's Contact Columnl ' Design Engineer Column2 Contract Date I Type of Work ! Cost of Work Project Manager Superintendent Name. Fnto Lay - Irving Facility Name' r.: n Water Well and Pepsico -Fnto Lay Address: 701 N. Wddewood Company: rr,:1 08/20 Pump $ 180,005.00 Randy Hagen Bl Alldredge Irving Well Irving, Texas 7501 Phone: Ni,Rehabilitation Phone: 972-334-5717 Name. Andy Blaha Name 9N/A City of La Grange Address 210 Svoboda Lane Company: N/A 08/20 �equ,;`F,Uertrepairs� mping $ 55,843.OD Randy Hagen Bl Alldredge Station E Well La Grange, Texas 78945 Phone !N/A Phone: 979-966-2264 Name. David Coburn Name N/A City of Magnolia .Address 18111 Buddy Riley Blvd Company: N/A 08/20 Pumping $ 57,853.00 Randy Hagen BI Alldredge Water Well No. 2 Magnolia, TX 77354 phone: N/A Equipment Repairs ,Phone: 281-356-2266 Name. !City of Moulton �N/A City of Moulton Address: 102 S. Main St. ff Name Company. N/A 08/20 Pumping $ 38,791.00 Randy Hagen B1AIIdredge Water Well No. 1 �Moulton, Tx 77975 Phone N/A Equipment Repairs ,Phone 1361-596-4621 Name: Jereld Brunson Name N/A City of Rockdale Address: 505 West Cameron Avenue Company: N/A 07)20 Pumping $ 48,442.00 Randy Hagen Bl Alldredge Trary Well Rockdale, Texas 76567 phone: N/A equipment repairs Phone. 254-_231-253D Name- Carter Hmdes The Club at Falcon Point Address 24503 Falcon Point Dr Name N/A Repair Lmer, Well Water Well No.1 iKaty, Texas 77494 Company Phone N/A N/A 07/20 $ Rehabilitation 127,270.00 Francisco Ochoa 81 Alldredge phone E 979-575-9195 Name: Montgomery CO WCIDI Name: Michael A. Ku rry, P.E. Montgomery Co WCID 1 Address. 25611 Spreading Oaks Lane Company AEI Engineering as/m Well dlonfectlon $ 243.545.00 Randy Hagen Si Alldredge Water Well No. 4 Phone. 5pnng, Texas 77390 281-350-7027 Phone- 281-350-7027 Name andon Zerface The Woodlands Corporation IAddress 005terling Ridge Dr 11-704-5038 Name. Company N/A N/A 06/20 Water Well Repairs $ 113,746.00 Francisco Ochoa By All d redge Players Course Well ! Spring,00Stir 77382 Phone N/A Phone. Name: Chris Parks Name: N/A Lumberton MUD Address. P.O Box 8065 N/A 06/20 Water Well Repairs $ 53,750.00 Francisco Ochoa & 81 Alldredge Well No. 2 Pump Repairs Lumberton, Texas 77657 Phone- A 'N/A Randy Hagen Phone: 4-751-0315 09 Name Steve Smith City of Bunker Hill Address. 11977 Memorial Drive Name. Company: John K Davis Langford Engineering 06/20 Water Well Repairs $ 124,663.00 Randy Hagen Bl Alldredge Taylor Crest Well Phone: Houston, Texas 77024 713-365-3773 (Phone 1713-461-3530 Name. City of Elgin " city of Elgin Address: P.O. Box 591 Name Company: N/A N/A W20 Pumping pumping 5 110,181.00 Randy Hagan W Alldredge Water Well No. 15 Elgin, TX 78621 Phone N/A Equip Repairs Phone 512-281-0119 Name. IN I Clty of Sherman i City of Sherman Address. �PO Box 1106 Name Company Oscar Canales City of Sherman 05/20 Water Well Repairs $ 41,465.00 Randy Hagen BJ Alldredge Dorchester 9 Trinity Well Sherman, T% 75091 Phone :903-892-7237 Phone 903-892-7321 /EISIIVGEED Weamger Incorporated Job Experience L/4raCoNIGER Page 11 Page 138 of 267 f Project Name Owner's Contact I Columnl Design Engineer j Column2 Name. Charles Rzezak Name. N/A Gerdau Steel Midlothian Address. 300 Ward Rd. Company: N/A Water Well No 03 Midlothian, Texas 76065 Phone, N/A Phone: 972-779-3145 Name City of Huntsville City of Huntsville Address. 1212 Avenue M Name. Company Coe Massey City of Huntsville Well 19 Huntsville, Texas 77340 Phone: 936-291-5970 Phone 936-291-5970 _ _ _ Name: Montgomery Co WCID1 Name: Michael A. Kurry, P.E. Montgomery Co WCID1 Address: 25611Spreading Oaks Lane Company. AEI Engineering Well 4 Rehabilitation Spring, Texas 77380 Phone: 281-350-7027 Phone:_ In care of Engineer Name, Robert Smith Name. IN/A Entergy Sabine Address 1000 Powerhouse Road �409-734-3226 Company Water Well No 05 Orange, Texas 77630 Phone: jN/A N/A Phone l Name City of Livingston Name. Hey Lang City of Livingston Address: 200 West Church Street Company:City Livingston Walker St Well Plugging Livingston, Texas 77351 Phone: 936-3 36-327-8391 Phone 936-327-8391 City of Columbus Name City of Columbus Name Donald Warschak, P.E Tart and Pool Well Address 601 Spring Street Company of Columbus Rehabilitation I Columbus, Texas 78934 phone: 10ty Phone. i979-732-2366 1979-732-2366 _ Name Entergy Name Glin Edwards Entergy Lewis Creek Address, 11191 Longstreet Road Well No. 3 Willis, Texas 77318 Company: Phone: Entergy 936-207-7603 Phone: 936-856-0617 1N—, Name 1Harns Co MUD 102 115300 IM,chaelA Ku my, P.E. Hams Co MUD 302 Address: Falmouth Ave JJ Company. AEI Engmeenng WeII No 6 Rehabditauon Houston, Texas 77084 Phone: 1281-350-7027 Phone ( In care of Engineer Name. City of Highland Village Name Justin Praesel City of Highland Village Address: 1000 Highland Village Drive Company City of Highland Village 407 Well Highland Village, Texas 75077 Phone: 972-317-2989 Phone: 972-317-2989 _ Name Ectero Southwest �- Name IN/A Ectero SW Address Company IN/A Karnes Crty Well I- Phone: N/A Phone: 1210-854-9066 I Name. River Plantation MUD Name. Aaron Schmdewolf San Jacinto Rver Authority .Address: P.O. Box 747 Company San Jacinto River Authority Well 23 Inspection Conroe, Texas 77305 Phone: 281-367-9511 I Phone: 936-273-4641 We¢mger Incorporated Job Experience #%E RM�ETED R ContractDate Type of Work Cost of Work Project Manager Superintendent 05/20 Well Plugging and $ 232,034.00 Randy Hagen BJ Alldredge Rehabilitation 04/20 Water Well Repau $ 49,980.00 Randy Hagen BJ Alldredge 04/20 Water Well $ 243,545.00 Randy Hagen EL; Alldredge Rehabllrtation Water Well and 04/20 Pump $ 91,617.00 Randy Hagen BJ Alldredge Rehabilitation 03/20 Well Plugging $ 29,689.00 Francisco Ochoa & BJ Alldredge Randy Hagen Water Well and Francisco Ochoa & 03/20 Pump $ 85,925.00 Randy Hagen B1 Alldredge Rehabilitation 02/20 Water Well Repairs $ 113,616.00 Randy Hagen BJ Alldredge Water Well and Francisco Ochoa & 02/20 Pump $ 125,300.00 BJ Alldredge Rehabilitation Randy Hagen 02/20 Water Well Repairs. $ 112,128.00� Randy Hagen BJAIIdredge O1/20 Pump Equipment $ 83,570.001 1 Randy Hagen B1 Alldredge Well Equipment 01/20 Removal and $ 29,200.00 Francisco Ochoa BI Alldredge Inspection Page 12 Page 139 of 267 Project Name owner's Contact Columnl Design Enp nee, Column2 Name 14058th Street ! N/A City of Hempstead Address Hem pstead, Texas 77445 [Name Company Water Well No 6 Rooster Smith / Phone iN/A Phone rooster_smrth@yahoo com IN/A City of Victoria Name, Crty of Victoria Name: Darrell W. Seibert, P E Water Well No. 15 & 16 Address, 702 N. Main treet S Company: City of Victoria Rehabilitation Victoria, Texas 77901 Phone, 361485-3340 ,Phone: 361-485-3340 __ Name North Hardin Water Supply Corp North Hardin WC Address 15094 FM 92 Name Bobby Rogers Company. North WSC Well No 4 Rehabilitation Silsbee, TX 77656 Phone. 409-385-7355 5_735 _Phone 409-385-7355 Name: Cer 11exas Regional WrterSupply Bill Williams CTRWSC-Vista Ridge Carnzo Address: corporation Name: Central Texas Regional Water &Amsboro Welgield 11010Coachlightrt Company: Supply Corporation pPY orP Phone: San Antonio, Taxas M216 aoa-»lasoo Phone: 303-791-3600 Name. Harris County MUD495 Name IAshley Broughton Harris County MUD 495 Address: 3200 Southwest Fwy, Ste 2600 Company LIA Engineering Well IHouston,TX771127 Phone i Phone: 713-860�400 F13-953-5200 _ Name. Andy Blaha Name: N/A ra City of L. Grange Address: 210 Svoboda Lane Company. N/A Station C to Grange, Texas 78945 Phone: N/A Phone: 979-966-2264 Name Ft Bend County MUD 37 !Name. David Leyendecker, P E Fort Bend County MUD 37 Address. 10431 Westmoor �Company. Clay &Leyendecker, Inc Well 1 Richmond, Texas 77407 [Phone: 281-391-0173 Phone _ _ _ 832-886-0616 (Name. Name: River Plantation MUD N/A River Plantation MUD Address: P 0. Box 747 Company N/A Water Well 2 Conroe, Texas 77305 Phone: N/A Phone- 936-2734641 (Name. [Georgia Paafic Georgia Pacific Diboll Address: 1600 A Street IN/A Water Well No. 3 Diboll , Texas 75941 �Nzime Co Company phone: IN/A iN/A .Phone: 936-829-1700 Name: River Plantation MUD Name. Aaron Schindewolf San Jacinto River Authority Address: P.O. Box 747 .Company: San Jacinto River Authority Well 34 Rehabilitation Conroe, Texas 77305 Phone 281-367-9511 Phone: 936-2734641 1Name City of Cut and Shoot City of Cut and Shoot Address P.O. Box 7364 Company iN/A Water Well No 4 Cut and Shoot, Texas 77306 Phone IN/A Phone. _ 936-264-3100 Weismger Incorporated Job Experience CL%en CSpRMGEp ContractDate Type of Work, . Cost of Work Project M a rwall I Superintendent 01/20 Pump Equpment $ 43,584.00 Randy Hagen & BJ Alldredge Francisco Ochoa Water Well and 01/20 Pump $ 206,352.00 Francisco Ochoa & B1 Alldredge Rehabilitation Bandy Hagen 12/19 Well Repairs $ 140,713.00� Randy Hagan & BJ Alldredge Francisco Ochoa asweatycarruoanaa Slmsb..) prof- 12/19 oomMirgol $ 20,270,265.00 Michael Weisinger Rik Allbritton sire pr.P.I.n, wall , drRing,cerauuctbn 11/19 Pump Equipment $ 46,801.00 Randy Hagen BJ Alldredge Upgrades Water Well & 1 r.. 11/19 Pump $ 86,016.00. Randy Hagen Bl Alldredge Rehabilitation ' Water Well & 10/18 Pump $ 115,465.00 Randy Hagen BJ Alldredge Rehabilitation Water Well & I z 09/19 Pump $ 248,866.00 Randy Hagen Rl Alldredge Rehabilitation II Water Well & 08/19 Pump $ 187,026.00 Randy Hagen BJ Alldredge Rehabilitation Water Well & 08/19 Pump 5 179,350.00 Francisco Dchoa BJ Afkiredge Rehabilitation 08/19 Well Repairs $ 62,943.00 Randy Hagen BJ Alldredge 27,M91 Page 140 of 267 Project Name j Owner'sContact Columnl Design Engineer Column2 Name. City of Cut and Shoot Name: N/A City of Cut and Shoot Address: P.O. Box 7364 Company. N/A 1 Water Well No 3 Cut and Shoot, Texas 77306 Phone: N/A .Phone: 936-264-3100 Name. Crty of Kenedy (Name. N/A City of Kenedy Address: 303 West Main Street Company N/A We1115 Rehabilitation Kenedy, Texas 78119 Phone N/A Phone 830-583-2230 Name- Carlton Woods Name: N/A Carlton Woods Address: 27350 Kuykendahl Road Company: N/A Fazio Well Tomball, Texas 77375 Phone: N/A Phone: 281-863-5800 Name City of Grapeland Name Blake T. Powell City of Grapeland Address I126 W. Oak St Company: Schaumburg &Polk, Inc Water Well No. 1 Grapeland, Texas 75844 Phone: 972-563-0205 �Phone I lncare of Engmeer r Name: NRG Name: N/A NRG Address, 112T.ilysueet Company: N/A Cedar Bayou New Roads, 1A 70760 Phone: N/A Phone. Mike D.—Ily / mIchael donrellyonu— Name• I ]City of Kenedy of Kenedy Address- 1303 West Main Street IN..m;..Y: N{AWeII16 'City Rehabilitation Kenedy, Texas 78119 Co phone: N{A NIA Phone. J830-583-2230 City of Kingsville Name: Address: cav of Kinp, le Name- N/A Water Well No. 19 1300E carol King-11,TX 73363 Company: Phone: N/A N/A Phone: Jw Casebs/Jwsalasodtyofd""vllle min T J Name, New Braunfels Utilities Name i.gar Munoz NBU Address. 355 FM 306 Company Matin Hoover Engineering Copper Ridge Well 13 & 1S New Braunfels, Texas 78131 III 830-249-0600 Phone -8 830-623400 _ (IPhone. Name. Fort Bend County MUD 169 Name. Jason Svatek Ft Bend County MUD 169 Address- 1422 Eugine Heiman Circle Cross Creek Ranch Plugging Richmond, TX 77469 Company: BGE, Inc Phone: In Care of Engineer Phone: lsvatek @hgeincmm Name ofHumbleN/A City of Humble Address 14w Higgins St �c" Company N/A Water Well No 9 umble,Te-77338 Phone. N/A Phone. homas Hosier/Thosler@o4y fh-1,1. net Name Crty of Fredericksburg Name, N/A City of Fredericksburg Address 126 W Main Street Company N/A Huhn Water Well Fredericksburg, Texas 78624 Phone N/A I Phone: Jeff Rich / jrich@fbgtx org 1pl Weisinger Incorporated Job Experience (L1EjdgluYO�Rln7 D Contract Date j Type of Work I Cost of Work ' Project Manager 1 Superintendent Water Well and O8/19 Pump $ 203,289.00 Randy Hagen BJ Alldredge Rehabilitation 08/19 1 Well Repairs $ 111,664.00; Randy Hagen I BI Alldredge Francisco Ochoa O8/19 Well Repairs $ 116,777.00 & BJ Alldredge Randy Hagen Water Well and I Francisco Ochoa O8/19 Pump $ 63,300.00 & Bl Alldredge Rehabilrtation Randy Hagen 07/19 Well Repairs $ 28,283.00 Randy Hagen 61 Alldredge Water Well and 07/19 Pump $ 144,037.00� Randy Hagen 61Alldredge Rehabilitation 07/19 Well Repairs $ f19.54a,0D Steve Martm BJ Aildredge 07/19 1 Well Repairs 1 $ 73,099.001 Randy Hagen 61AIIdredge 06/19 Well Plugging $ 25,350.00 Randy Hagen BJ Alldredge Water Well and O6/19 Pump $ 120,988.00 Randy Hagen Bl Alldredge Rehabilitation 06/19 Well Repairs $ 53,689.00 Steve Martin 61 Alldredge Page 14 Page 141 of 267 ProJeci Name Owner's Contact Column! Design Engineer I Column2 Conate J �..., i D Type Work .. Cost of W_ ..of ork I Protect Manager I Superintendent Canyon Regional Water _ Name Canyon heglonaT Water-guiimmy_ jN/A Authority Address 850 lakeside Pass New Braunfels, TX 78130 Name N/A 05/19 Well repairs $ 65,16300 Randy Hagen BJ Alldredge Water Well No 9 83&609-0543 ICompany Phone iN/A Camp House Well Phone David Davenpart /crwa@crwa corn — — 'Name Crtyof5herman Name N/A Water Well and City of Sherman Address. PO Box 1106 (Company.— 04/19 Pump $ 21,880.00 Randy Hagen Bl Alldredge Dorchester 8T Sherman, TX 75091 Phone* �N/A N/A Rehabilitation Phone: _ 903-892-7237 — — _ _ — Name FortBend County WCCID No 2 ]Name Richard Jones Water Well and Ft Bend County WCID 2 Address 23315outh Main Company Jones Engineering Solutions 04/19 Pump $ 151,879 00 Randy Hagen BJ Alldredge Stafford Run Well Stafford, Texas 71471 ;phone �832-671-9785 Rehabilitation _ Phone. In care of Engineer Name. City of Rockdale Name- N/A Water Well and City of Rockdale Address: 505 W. Cameron Ave. Company N/A 04/19 Pump $ 34,200.00 Randy Hagen BI Alldredge Water Well No.7 Rockdale, Texas 76567 Phone: N/A Rehabilitation Phone: 512-446-2511 Name NRG Energy, Inc (Name N/A Water Well and NRG Address: 2500 Y.U. loner Road Company N/A 04/19 Pump $ 201,604.00 Randy Hagen BJ Alldredge Thompson Water Well 5 IThompsons, TX 77481 Phone N/A Rehabilitation !Phone [Harzik, Jody/Jody hanzik@nrg cam Name: City of Gilmer City of Gilmer Address, 110 Buffalo Street Name: Company �NIA IN/A O4/19 Water Well No.6 Gilmer, TX 75644 Phone. Phone, Hams/903-843-2552 IN/A Name. !Kenneth !NRG Energy, Inc NRG Address2500VU Jones Road Name 1Company N/A N/A 04J19 Parish Well No7 ,Phone: Thompson; TX 77481 Hannk, Jody /Jody hanzik@nrg cam — id Phone. N/A Name. Harris County WCID 133 Hams County WCID 133 Address. 173166peRmm Way Name. N/A Water Well No. 3 oak Rklse north, TX 77385 John Montaomery/ Company. Phone. N/A 03/19 Phone: _ _ •rYw ps.com ,lmomp, @munla to ,N/A San laanto River Authority Name San Jacinto River Authonty � iName I Aaron Schmdewolf Water Well 25 and 31 Address 2436 Sawdust Rd Company GSan Jacinto River Authority 03/19 Rehabil,tation The Woodlands, TX 77380 Phone I8281-367-9511 Phone 936-588-3111 I .Name I Name. City of Conroe NIA Crty of Conroe Address: 300 W. Davis St Company. N/A 03/19 Wedgewood Wells Conroe, Texas 77305 Phone. N/A .936-203-5231 7Phone: (Name. New Braunfels Utilities (Name Edgar Munoz, P.E. Copper Ridge Address 115 FM 306 Peony Matkin Hoover Engineering 03/19 Well 13 and 18 New Braunfels, Texas 78131 Pho and Surveying Phone 830-623-8400 830-249-0600 Weisrnger Incorporated Job Experience # EIRMI ER Well Repairs $ 49,763.00 Jeff Boon Ronnie Castaneda Water Well and Pump $ 155,547.00 1 Randy Hagen BJ Alldredge Rehabilitation — Well Repairs $ 188,680.00 Randy Hagen BJ Alldredge Water Well & Pump $ 436,127.00 Francisco Ochoa BJ Alldredge Rehabilitation Well Plugging S 19,498.00 Randy Hagen BI Alldredge Randy Hagen & BJ Well Repairs $ 73,099 00 Francisco Ochoa Alldredge Page 15 Page 142 of 267 Project Name Owner's Contact f Column! I Design Engineer Column2 Contract Date - Type of Work Cost of Work I Project Manager I Superintendent Name:. Chyof Panooma 98HI—n Name: N/A Water Well and City of Panorama Address: Conroe Tx 77a04 Company. N/A 03/19 Pump $ 28,150.00 Randy Hagen BJ Alldredge Water Well No.1 John Demel/ Phone. N/A Rehabilitation Phone: Ponoramah2c@suddenlinkmallmm Clean Energy Name Tony Bratton `' Name• N/A Cooling Tower Well Address. 12114 tongstreet ff `Company N/A 02�19 Warabeir Wa11 ,609 i 35.00 Randy Hag,,• B1 Alldredge RehabilitationPhone Willis, Texas 77318 II N/A Rel+litat,on Phone. 936-856_2813 Name, City of Wert Columbia Name. Mathew Fisher City of West Columbia Address: P.O. Box 487 Company: City of West Columbia 02J79 Water Well S 53.116.00 Randy Hagen. ¢J AIJdredge Well No.4 Rehabilitation Wert Columbia, Texas 77486 Phone 281-900-1590 Rehabilitation Phone: 281-900-1590 _ Name Crty of Magnolia (Name• N/A City of Magnolia Address 18111 Buddy Riley Blvd. I y N/A 01'19 Well P.eparn 5 6L51D0.0(: Randy Hagen/ BJ Alldredge Water WeII No 1 Magnolia, Texas 77354 Phone- `Phone• N/A Francisco Ochoa ,Phone 281-259-7611 Name: 16337 Park Row Name: Brian D Gerould, P E. Harris County MUD 152 Address Houston, Texas 77084 Company. IDS Engineering Group 01/29 Water Well $ 126,642.00 Francisco Ochoa BJ Alldredge Well No. 1 Rehabilitation In care of engineer Phone- 713-462-3178 Rehabiltation Phone. Name: Crty of Castrovdle I Crty of Castroville Address 703 Paris Street !Na me• Company i Roy Clayton Crty of Castrov lie Well Pktpg[f $ S1t1.60A00 Steve Martin Bl Alldredge We111 Plugging Castrovllle, Texas 78009 'Phone I830-931-4090 Phone 830-931-4090 Name: City of Kenedy Name Hector Salinas City of Kenedy Address, 303 West Main Street Company: City of Kenedy 12/19 Water Well 5 35,2I746 Randy Hagen 8t Alldredge Well 13 Rehabilitation Kenedy, Texas 78119 Phone 830-583-2230 Rehabilitation Phone. 830-583-2230 Cityof Victoria Name Darrell W Seibert, P.E Wa[er Well Name. City of Victoria Company City of Victoria 12(18 $ 197,850.00 Randy Hagen BJ Alldredge Well 20 and 26 Rehabiltation Address P O Box 1758 Phone 361-485-3340 Rehabilitation Victoria, Texas 77902 'Pfi—n 361-485-3385 City of Wharton Name: City of Wharton Name- Stephanie S. Kaspar, P E. Cloud Street Well Address: 120E Caney Street Carnpany: Jones Carter, Inc 12/18 Water Weil $ 81,564 00 Randy Hagen & BJ Alldredge Rehabilitation Wharton, TX 77488 Phone. 713-777-5337 Rehabilitation Francisco Ochoa Phone: 979-532-2491 Name (Huntsman Petrochemical Name. Ilenmiah Morgan Huntsman PE-77 Address* 5451 Jefferson Chemical Road Company Huntsman Petrochemical 12/18 Water Well $ 64,711.00 Randy Hagen & BJ Alldredge Well Rehabilitation Conroe, Texas 77301 Phone j 419-320-3,48 Rehabdrtauon Francisco Ochoa yPhone �419-320-3048 j City of Sugar land Name• .City of Sugar Land Name. Stephanie S. Kaspar, P.E. New Territory 2 Well and River Address• 2700Town Center Blvd N, Ste 112 Company: Jones I Carter, Inc 12/18 WaterWell $ 332,753.00 Randy Hagen & Bj Alldredge Park 2 Well Rehabiltation Phone. Sugar land, TX 77479 In ore ofengineer _Phone• 713-777-5337 Rehabilitation Francisco Ochoa �NGER IVIR'OMTEO Weisinger Incorporated Job Experience Page a g Page 143 of 267 ProJettName OwnerCo 's ntact Coiumnl OesignEngineer Column2 Name�� City of Conroe Name, Daniel Roberts City of Conroe Address P O. Box 3066 Company City of Conroe Well 22 Conroe, Texas 77305 Phone 936-522-3000 Phone 936-522-3000 Name, Harris County MUD 50 Name John Montgomery Harris County MUD 50 Address: 27316 Spectrum Way Company: Municipal Operations and Well Rehabilitation Oak Ridge, Texas 77385 Consulting, Inc ,Phone: 281-367-5511 Phone: 281-367-5511 Name iAddress- City of Liberty Name. (Mark Reed Crty of Liberty 18295am Houston �936 Company City of Liberty Manta Street Well Plugging Liberty, Texas 77575 Phone: 936-336-2910 Phone: -336-2910 Name Bill Riley City of Bryan Address: P.O. Box 1000 Name: Melissa Woo, P.E. ASR Pilot Well No. 10 Bryan, Texas 77805 Company: CDM Smith P Phone. 979-209-5500 Phone: 512-346-1300 Name Cnyof Nacogdoches I City of Nacogdoches 202E Friar Name Daniel Hays, P E. Water Well No.9 (Address Nacogdoches, Texas 75961 Company. KSA Engineers, Inc Phone 936-559-2583 Phone: 936-637-6061 Name: City of Rockdale City of Rockdale Address- P.O. Box 586 Name, City Rockdale I Runway Well Rehabilitation Rockdale, Texas 76567 Company: Jason ason Hubbell Phone. 512-446-2511 Phone: 512-446-2511 Name City of Rockdale Qty of Rockdale Address P O Box 586 Name Crty of Rockdale Auport Well7 Well 1 Rockdale, Texas 76567 Company Jason Hubbell Rehabilitation Phone 512-446-2512 Phone, 512-446-2512 Name. Dean Staley Keenan WSC Address. 21053 Chapel Road Name: N/A Company: N/A Well No. 3 Rehabilitation Montgomery, Texas 77316 Phone. N/A Phone 936-856-4199 Name South Free Stoneunty W 5 C Co South Freestone Co WSC Address I P O. Box 206 Name. Company John Blackwell South Freestone Co. WSC Gorman Well 2 Plugging Teague, Texas 75860 (Phone �903-389-5952 Phone, 903-389-5952 Name. City of Elgin City of Elgin Address. P.O. Box 591 Name: Doug Pnnz Water Well No. 14 Elgin, TX 78621 Company City of Elgin Phone. 512-281-0119 Phone: 512-281-0119 iName: (Bruce Suhk I !Name: r City of La Grange Address i2101-1,1, Lane Company N/A N/A Station G La Grange, Texas 78945 Phone N/A P� hone 979-966-2264 Georgia Pacific Name: Georgia Pacfc Camden Water Plant Address- 20125 East FM 942 game Joe Gonrales Water Well No.3 Camden, TX 75934 company. Georgia paid Camden Plant Rehabilitation Phone. 936-398-7387 Phone- 936-398-7387 Weismger Incorporated lob ExperienceE1�1MM Contract Date I Type Cost of Work Superintendent I _ _ 12/28 Water Well $ 135,852.00 Randy Hagen BJ Alldredge Rehabilitation 11/18 Water Well $ 45,980.00 Randy Hagen 81 Alldredge Rehabilitation 11/18 Well Plugging $ 24,985.00 Randy Hagen BJAlldredge 11/18 Water Well $ 912,650.00 Randy Hagen & Bl Alldredge Rehabilitation Francisco Ochoa Water Well —d! ;G119 Pump S 173,300.W Randy Hagen BJ Alldredge Rehahllifamn 10118 Water Well 5 7,500.00 Randy Hagen BJ Alldredge Rehabilitation ,,., 1. r �5,300.00 Randy Hagen Bl Alldredge 10/18 Water Well $ 52,42900 Randy Hagen BJ Alldredge Rehabdrtatlon l�rlo Well Plugging - 7,850.00 Randy Hagen BJ Alldredge 09/18 Motor rapans $ 29,795.00 Randy Hagen B1 Alldredge 09/16 Warm Well Rehabi latron $ 73.69300� Randy Hagen Bl Alldredge Water Well � - 09118 Pump $ 89,73SX0 0itdytlagen WAlldredge Rehabilitation Page 17 Page 144 of 267 Project Name _ Owner's l� Contact I, Colu_mnl Design Engineer Column2 City of Jacksonville Name Qtyof Jacksonville (Name i iN/A Water Well No 1 Address 1220 S. Bolton St �903-589-3510 (Company N/A Rehabilitation Jacksonville, TX 75766 N/A Phone. (Phone Name. City of Nacogdoches City of Nacogdoches Address 202 East Pilar Street Name. Danny Hays Water Well No 4 Nacogdoches, T%75961 Company: KSA Engineering Rehabilitation Phone .936-559-2500 Phone. 281-494-3252 �Name (Walker County SUD Walker County SUD Address I 14U1TX North lames Mornsmn Falba Community Well No 1 l75 Huntsvil e, 7X 77342 �Name: Company: Walker County SUD Rehabilitation Phone 936-295-4452 Phone- 936-295-4452 Name _ Canyon Regional Water Authority Canyon Regional Water Address: 8M Lakeside Pass Name. James Bent, P G Authority New Braunfels, TX 78130 Company. R.W. Hardin & Associates, Inc Dead man Well No.6 Phone: 830-609-0543 Phone: 512-345-2379 hl�m urrias lfMary's City of Falfurrias ,Address: Name N/A Water Well No 11 625 Nf St St Company N/A Rehabilitation Falfurnas, TX 78355 Phone: N/A phone: 361-325-2419 Name• Langham Creek Utility District Lanham Creek Utility District Address: 1300 Post Oak Blvd, Ste 1400 Name. Stephanie S Kaspar, P.E. Well No. 4 Rehabilitation Houston, TX 771)56 Company Jones lCarter, Inc Phone: In care of Engineer Phone: 713-777-5337 Name Crty of Nacogdoches I City of Nacogdoches Name Danny Hays Water Well No 8 Address East has Street Nacogdoches, TX 75961 Nacogdoches, Company KSA Engineering III4 Rehabibtation Phone 936-559-2501 Phone 281-494-3252 Name, _ — Hudson Water Supply Corp. Hudson WSC Address, 3032 Ted Trout Drive Name: Brad Naron Water Well No 6 Company Hudson WSC Rehabilitation Phone: Lufkin TX 75904 936-875-214_6 Phone- 936-875-2274 Name• Newport MUD Newport MUD Address' P 0, Box 1186 Name• Company David Kasper IARRK E.Iian- s, Inc. Plant 2 Well 1 Crosby, TX 77532 Phone 713-400-2755 Phone 281-324-9803 I _ Name: Hardin Co. WCID 1 Hardin Co WCID 1 Address: 9 P 0, Box 69 Name: Jeff Engineer P.E. Well 2 Rehabilitation Sour Lake, Texas 77659 Company lJA Engineering 409-7- 3755_7 Phone: 409-833-3363 Walker County SUD -Phone, Name- (Walker County SUD Name (lames Morcision Highway 75 Replacement Well 1401 TX 75 North II Company Walker County SUD Rehablldation �Adclress• ` Huntsville, TX 77342 Phone. f f936-295-4452 Phone 936-295-4452 I Name. Brazona County MUD No. 39 Brian Edwards, P E Brezoria County MUD 39 Address. 2929 Briar Park Dr. Ste. 600 Name: UA Engineering, Inc Water WeII No 1 Houston, TX 77578 Company 713-953-5026 Rehabilitation Phone, In care of Engineer Phone: SINGER Weism erIncorporated JobExperience &MICORK)MTED Contract Date Type of Work j Cost of Work Project Manager I Superintendent Water Well & 09/18 Pump 1 $ 83,332.00 Randy Hagen BJ Alldredge Rehabilitation Water Well & 09/18 Pump $ 195,500.00 Randy Hagen Rehabilitation Water Well& 09/18 1 Pump $ 57,690.00 Randy Hagen Rehabilitation Water Well & 08/18 Pump $ 176,940.00 Randy Hagen Rehabilitation Walcr Well R osila Pump S 104,696.0o Randy Hagen Rehablktat.on Water Well& Francisco Ochoa 08/18 Pump $ 140,146.00 & Rehabilitation Randy Hagen j I Water Well E. 08118 Pum0 $ : J R.31A, IM Randy Hagen RehabllltatLon I Water Well & 06/18 Pump $ 119,984.00 Randy Hagen Rehabilitation Water WHI & O6118 Pump S 119,25700� Randy Hagen Rehami(atmn Water Well 5 P611B Rehabilitation 3i, 140,1ku na»dy wgin W+1cr Wcll & 0611E Pump $ i36,857.00 Randy Hagen RMabillration Francisco Ochoa 05/18 Well Rehabilitation. $ 199,398.00 & Randy Hagen BJ Alldredge BJ Alldredge Bl Alldredge B1 Alldredge BJ Alldredge BJ Alldredge BJ Alldredge BJ Alldredge L1 BJ Alldredge BJ Alldredge EM-1 Page 145 of 267 I Project Name [ Owner's Contact 1 Columns Design Engineer Column2 Name _ 3City of Nassau Bay City of Nassau Bay I Name. Chris Defrancis Water Well No.2 Address• 1800 Space Park Dr, Ste 200 1 I¢Crty of Nassau Bay Rehabilitation I PhI one: ;Nassau Bay,T%77058 1281-333-4211 3Caty !company 'Phone: I E281-333-4211 ii Name: of College Station City of College Station Address. 2101 Texas Ave Name: Jared Lapaglia Water Well No.7 College Station, TX 77840 Company City of College Station Phone: 979-764-3500 Phone: 979-764-3665 Harris County MUD No. 33 Name 1Harns County MUD33 (Name- James Cartwright, P E Address: ,Suite 12929 Allen Pkwy, Suite 3450 Water Well No 1 Houston, T% 77019 Company Langford Engineering, Inc Rehabilitation Phone_ 1713-237-1221 Phone. — 1713-461-3530 III Heatherloch MUD Name: Heatherloch MUD co oats Rose C ,Name Stephanie S Kaspar, P.E. Water Well No Address: 9 Greenway Plan, Ste 1100 Company Jones I Carter, Inc Rehabilitation Houston, TX 77046 713-777-5337 Phone. .Phone- Name. Memonal Village Water Authority Name. Mike Montgomery Memorial Village Pmey Point Well No.3 Address 8955 Gaylord Dr. Houston, Tx 77024 (Company MVWA Phone 71}465-8313 (Phone: 713-465-8387 Name: Cityof Tomball City of Tomball Address. 501 James Street Name, John Escamilla Pine Street Well Tomball, TX 77375 Company: City of Tomball Phone: 281-290-1424 Phone 281-290-1427 Name City of Victoria City of Victoria Address. 700 N Main St Ste 108 Name. Ted L Bel ser, P E ASR-19 Well I Victoria, T%77901 Company ASR Systems, LLC IPhone: 361-485-3400 Phone. 352-665-3653 Name: Ci cif Sherman City of Sherman Address: PO Box 1106 Name: Company. Oscar Canales City of Sherman Dorchester 10 Trinity Sherman, TX 75091 Phone* 903-892-7237 Phone. 903-892-7321 a• 5an Jacinto River Authority SJRA Wells 3 & 17 dress• 2436 Sawdust Rd 'EAaron Schindewolf Rehabilitation lAd" 'The Woodlands, TX 77380 �Name- Company €i€ Sari lacmto11 Authority Phone I936-588_3111 Phone _ 1281-367-9511 (III Name. Harris County MUD#200_ Name: Stephanie S. Kaspar, P.E. Harris County MUD 200, Well #1 Emergency Rework Address. 1300 Post Oak Bid, Ste 1400 Houston, TX 77056 Company. Jones Carter, Inc Phone. 713-623-4531 Phone: 713-777-5337 IE Canyon Reguonal Water Name. Canyon Regional water Authority Name: "David Davenport Canyon Regional Water Author thorny Address- 850 Lakeside Pass Company Wilcox Wells Phone New Bruanfels, Texa57813D 830-609-0543 Phone Authority 630-609-0543 NGER Wei in erIncorporated JobExperience OCISOIRPCR Contract Date 1 Type of Work j Cost of Work 1 Projeet Mmager [ Superhatendent I Water Well & 04/18 Pump $ 48,255.00 Randy Hagen Bl Alldredge IIIL Rehabilitation Water Well & 03/18 Pump $ 226,857.00 Randy Hagen Bl Alldredge Rehabilitation Water Well & 03/18 I Pump $ 253,920.00 Randy Hagen Alldredge tion Rehabilita Water Well & —' I —131 02/18 Pump $ 116,325.00 Randy Hagen BJ Alldredge Rehabilitaton 12/17 Water Well Rework $ 163,395.00 Randy Hagen BJ Alldredge Water Well and 10/17 Pump $ 68,52600 Randy Hagen BJ Alldredge Rehabilitation Water Well & 08/17 Pump $ 175,840.00 Randy Hagen BJ Alldredge Rehabilitation Water Well & O8/17 Pump $ 153,742.00 Randy Hagen Bl Alldredge Rehabilitation Water Well & 06/17 Pump $ 339,738.00 Randy Hagen Bl Alldredge Rehabilitation 04/17 `Emergency Rework, $ 130,174.00 Randy Hagen BJ Alldredge 1Well ProleR •. —__ — - consating of i[e Pn,Pa 1.n,well 03/17 drdlmg,cons $ 1,365,703.00 Michael Wessinger Rik Allbdton Pion andtesurg.and pump and motor mswllanon and toting Page 19 Page 146 of 267 Project Name owner's Contact Colum_n1 j Design Engineer , Column2 Contract Date j Typeof Work I Costof Work I Project Manager [ Superlmendent Name: land City of Sugar Land, Laura Address: 2700 Town City of Sugar LandCenteBlvd N., Ste 112 Name: Stephanie S. Kaspar, P.E Water Well & Morrison & Woodchester Well Company Jones I Carter, Inc 03/17 Pump $ 331,113.00 Randy Hagen BJ Alldredge t13 Rehabilitation Phone: Sugar Land, TX 77479 Phone- 713-7773337 Rehabilitation In care of engineer Name. Weston Road MUD Weston Road MUD Address: �PO Box 1827 Name N/A Well#4 Repairs � Cypress, TX 77410 Company N/A Phone• �281-290-6500 Phone. IN/A j Name Hudson Water Supply Corp. Hudson WSC Address: 3032 Ted Trout Drive Name. Brad Naron Company Hudson WSC Well No. 7 Rehabilitation Lufkin, TX 75904 Phone• 936-875-2274 Phone. 936-875-2146 Name Harris County WC & ID Harris County WC & ID Name Sandy Andrew 36 Hollywood Rd Well No. Address: 903 Hollywood Street Company Horns County WC & ID Rehabilitation Houston, TX 77015 Phone. 713-453-5493 Phone i713-453-5493 Name- Memorial Village Water Authority Name: Mike Montgomery Memorial Village Address: 8955 Gaylord Dr. Creek Side BP Repairs Houston,TX 77024 Company: MVWA Phone 713-465-8313 Phone: 713-465-8387 [Name. Harris Co. MUD No. 11 West Harris County MUD No Address: (West Old Louetta Name Daniel H Lozano, P E. 11 Well #2 Repairs 117717 Houston, TX 77070 Company Jacobs Engineering Group, Inc Phone_ In care of engineer YPhone: (Name: 281-461-2300 Name• Tyler County SUD Tyler County SLID Jerry Lovelady Hillister Spurger&Dam B Well dress: 12139 FM 92 Company Tyler County SLID Inspection and Rehabilitation Spurger, TX 77660 phone: 409-029-0379 Phone: 409-429-3994 Name Central WC & ID 1 Central WC & ID, Well No 5 Address 5307 Hwy Name ne Rine Water Well &Pump Company. �%'nyral WC & ID Rehabilitation 968 Pollock, TX 75968 k, I Phone: 936-853-2354 Phone 936-853-2354 i Name: City of Dayton Crty of Dayton Address: 117 Cook Street Name: Red McDamels Clayton Street Well Repair Dayton, TX 77535 Company City of Dayton Phoney 936-258-2642 Phone: 936-258-2642 Name, Crty of Henderson City of Henderson {{{{Address• 400 W. Main (Name 'p IN/A =N/A Well No 14 Rehabilitation Ii Henderson,TX75852 (Company. 1C � {N/A Phone i903-657-6551 (Name• Name: Hams County WC & ID Harris County WC & ID Tommy Hale 21 Cedar Lane Well Address Ave C Cpany. om Harris County WCID 21 Rehabilitation ann Channelview, TX 77530 Channelview, Phone. 713-688-3855 Phone, 713-686-3855 Name. Northgate Crossing MUDNo 2 Northgate Crossing MUD No 2Address 9 Greenway Plaza, Ste 1100 Name =Ru:ardo Rodriguez Well No 2 Rehabilitation iHouston, TX 7704fi Company RR Engineering, LLC Phone 713-653-5709 Phone 281-407-5018 Weismger Incorporated Job Experience EIiSIrNNGETED R 03/17 Water Well & $ 130,156.00 Randy Hagen BJ Alldredge Pump Repairs Water Well and 03/17 Pump $ 73,644.00 Randy Hagen Bl Alldredge Rehabilitation Water Well & 02/17 Pump $ 109,360.00 Randy Hagen BJ Alldredge Rehabilitation 02/17 I Water Well Repairs $ 48,190.00 Randy Hagen BJ Alldredge Water Well & O1/17 Pump $ 95,000.00 Randy Hagen BJ Alldredge Rehabilitation O1/17 Well inspection $ 160,000.00 Randy Hagen 1 BJ Alldredge and Rehabilitation Water Well & 01/17 Pump $ 48,270.00 Randy Hagen BJ Alldredge Rehabilitation Water Well & O1/17 Pump $ 135,660.00 Randy Hagen BJ Alldredge Rehabilitation j" Water Well & O1/17 Pump $ 212,925.00 Randy Hagen BJ Alldredge Rehabilitation I Water Well & 01/17 Pump $ 59,199.OD Randy Hagen Bl Alldredge Rehabilitation Water Well & O1/17 Pump $ 123,010.00 Randy Hagen BJ Alldredge Rehabilitation Page 20 Page 147 of 267 EXHIBIT E CONSTRUCTION SCHEDULE Total Number of days for completion is 120 days. Contract No. 25300096 Construction Agreement Over $50,000 Form 04-20-2023 Page 148 of 267 EXHIBIT F SCHEDULE OF VALUES Contract No. 25300096 Construction Agreement Over $50,000 Form 04-20-2023 Page 149 of 267 CONTRACTOR'S PROPOSAL AND ALTERNATES (if applicable) BID SUMMARY BID NO. 25-003 Date: 10/08/2024 PROPOSAL FROM: Weisinger Incorporated PROPOSAL TO: City Of College Station 1101 Texas Ave. College Station, TX 77842 The Undersigned proposes to furnish all labor, services, materials, tools and necessary equipment for the Rehabilitation of the Water Well 3 and to perform the work required for the Rehabilitation of said Water Wells 3 Project at the location set out by the Plans and Specifications, in strict accordance with the Contract Documents. Please type or write legibly in blue or black ink. A unit price is required for all bid items. If there are discrepancies between unit prices and totals, the unit price will prevail. Please initial all corrections and do not round totals. In submitting this Proposal, it is understood that this Proposal may not be altered or withdrawn for ninety (90) days, and that the Owner has reserved the right to reject any and all Proposals. The Undersigned certifies that this Proposal is made in good faith, without collusion or connection with any other person, persons, partnership, company, firm, association, or corporation offering Proposals on this work, for the following sum or prices to wit: BASE PROPOSAL: Stipulated Total Bid of: ($ 686,555.00 Base Bid + Alternate: ($ 930,470.00 CALENDAR DAYS: Total number of calendar days to substantial completion is 120 days. RECEIPT OF ADDENDA I hereby acknowledge receipt of the following Addenda: No. 01 CONTRACTOR NAME: Scott Weising CONTRACTOR SIGNATURE: 25-003 ITB Page 19 of 86 Rehabilitation of Water Well No 3 Page 150 of 267 City of College Station - Bid Form 25-003 Rehabilitation of Water Well No. 3 Bid Opening Tuesday, October 8, 2024 Please type or write legibly in blue or black ink. A unit price is required for all bid items. If there are discrepancies between unit prices and totals, the unit price will prevail. Please initial all corrections and do not round totals. A. GENERAL- WATER WELL NO.3 Water Well No. 3 - Contractor mobilization and demobilization and delivery of service rig and all equipment, materials and personnel to 17500 17500 and from Contractor office / yard, subcontractors and Job site, including bonds, insurance, etc. Complete as specified. A-1 1 LS Provide performance and payment bonds for Water Well No 3 13480 13480 Rework. A-2 1 LS SUBTOTAL: A.GENERAL 30980 B. WATER WELL NO. 3 Conduct and submit a written test report and data for a well and well pumping equipment performance test at 3 pumping rates and 1000 1000 discharge pressures to document the baseline field performance prior to beginning work. B-1 1 LS Remove and inspect existing well motor, well discharge head, pump column assembly and pump bowl, and provide written inspection 46200 46200 B-2 1 LS reports, Complete as specified. Bail oil from the well and dispose of properly Perform a well video survey of entire well depth interval and provide acceptable electronic 3100 9300 copies, selected video images and written report of each video survey, Complete as specified. B-3 3 EA Furnish, install and remove appropriately sized steel tank(s) and temporary leak -proof discharge piping to convey water to discharge point at the well site during pumping, Jetting or testing operations, 1950 1950 plus restore land surface and grass to as good or better condition that existed prior to work, Complete as specified. B-4 1 LS Perform mechanical cleaning (wire brushing) of the 9-5/8- inch well 340 13600 B-5 40 HR screens, 2,430 to 2,920 feet, 462 feet of screen, Complete as specified. Jet out and remove the fill material and sediment from the bottom of 340 10200 the well, Complete as specified. B-6 30 HR Perform chlorine treatment of 9-5/8 inch well screens by inserting and agitating chlorine into 9-5/8 inch screens, 2,430 to 2,920 feet, 462 feet 20840 20840 of screen, and Jet out and neutralize chlorinated water from the well prior to discharge, Complete as specified. B-7 1 LS Perform acid treatment of 9-5/8 inch well screens using injection and agitation with a double disk surge block agitator with 15% Hydrochloric Acid with 1.5% QC-21, Napco 224 or Nu Well-310 liquid enhancer or approved equal and 2 pounds of Rodine 103 acid 37615 37615 corrosion inhibitor or approved equal per 1,000 gallons of acid (all non- toxic for potable wells), 9-5/8 - inch screen interval 2,430 to 2,920 feet, 462 feet of screen, 2,300 gallons of HCL acid at minimum 5.0 gallons per foot of 9-5/8 - inch screen, Complete as specified. B-8 1 LS 10/10/2024 00410 - 1 / 4 Page 151 of 267 City of College Station - Bid Form 25-003 Rehabilitation of Water Well No. 3 Bid Opening Tuesday, October 8, 2024 Perform airlift pumping, agitation with double disk surge block agitator, and neutralization of chemicals following chemical treatment, 340 10200 Complete as specified. B-9 30 HR Perform sonarjetting of 9-5/8 inch screen interval 2,430 to 2,920 feet, 6300 Complete as specified. 6300 B-10 1 LS Furnish new vertical turbine, line shaft, permanent pump bowl with design conditions of 2,900 gpm at 595 feet of total dynamic head (TDH) with stainless steel pump bowl shaft and bowl coupling with stainless steel collets and wear rings with new 12-inch pump suction pipe (length of 10 feet or less) and new stainless steel cone strainer, 67090 67090 Complete as specified. Pump submittal to include 3 pump options for the owner's consideration and approval. Pumps for submittal should be selected based on the each pump's future head - capacity performance and efficiency as static head increases over time. B-11 1 LS Furnish 20-foot section of new 12-inch diameter ( 0.375-inch wall thickness) threaded column pipe, 2-3/16-inch diameter line shaft, 3- 5800 191400 20-Foot 1/2-inch diameter oil tubing, bearings and couplings, Complete as Section specified. B-12 33 Each Furnish 10-foot section of new 12-inch diameter (0.375-inch wall thickness) threaded column pipe, 2-3/16-inch diameter line shaft, 3- 10-Foot 3040 1/2-inch diameter oil tubing, bearings and couplings, Complete as 3040 Section specified. B-13 1 Each Furnish 10-foot section of new 12-inch diameter (0.375-inch wall thickness) top special threaded column pipe, 2-3/16-inch diameter line 3920 3920 shaft, 3-1/2-inch diameter oil tubing, bearings and couplings, 10-Foot Complete as specified. B-14 1 Section Furnish and install a new 2-3/16-inch x 3-1/2-inch tension bearing, nut 2600 2600 and plate assembly, Complete as specified. B-15 1 LS Furnish new rubber tube stabilizer for 12-inch diameter column pipe 35 1190 and 3-1/2-inch diameter oil tubing, Complete as specified. B-16 34 EA Furnish 1/4-inch stainless steel PVC -wrapped airline and oil -filled pressure gauge, with all strapping material and fittings, Complete as 4.5 3060 specified. B-17 680 FT Furnish 1-1/4-inch PVC water -level measuring pipe, Complete as 3.5 2380 B-18 680 FT specified. Sandblast, steam clean, prime and paint (approved color) the existing 1700 1700 fabricated steel well discharge head, Complete as specified. B-19 1 LS Furnish and install new 600 Hp, WP-1, 1,770 rpm, 460 volt, 3-phase premium efficient electric well motor with new combination motor 163450 163450 drive shaft and new head shaft nut and gib keys, and any necessary B-20 1 LS electrical wiring and connections, Complete as specified. Install permanent pump bowl at 680 feet, pump column assembly, airline, water -level pipe, well discharge head and electric motor and 43800 43800 make all pump and motor equipment operational, Complete as B-21 1 LS specified. Furnish and install a new lubricator with 3-gallon capacity reservoir, immersion heater and thermostat, solenoid and flow -regulating valve, 4600 4600 B-22 1 LS Complete as specified. Chlorinate and disinfect the well pump and well and perform bacteriological sampling and analyses (require 3 negative 5890 5890 bacteriological samples), Complete as specified. B-23 1 LS 10/10/2024 00410 - 2 / 4 Page 152 of 267 City of College Station - Bid Form 25-003 Rehabilitation of Water Well No. 3 Bid Opening Tuesday, October 8, 2024 Perform independent third party well, pump and motor performance test with vibration test and provide written report, Complete as 1250 1250 B-24 1 LS specified. Well site restoration to restore land surface and grass to as good or 2500 2500 B-25 1 LS better condition than existed prior to work, Complete as specified. Provide a submittal stating the anticipated pumping rate of Well No. 3 based on the Well 3 field performance testing by the Contractor (Item 500 500 B-1) and the pump performance information provided in Appendix D - Factory Test of City of College Station's Spare Pump. B-26 1 LS SUBTOTAL: B. WATER WELL NO. 3 655575 TOTAL BASE BID AMOt (Subtotals A. + ADDITIVE ALTERNATE BID ITEMS WATER WELL NO.3 ALTERNATES Contractor service rig, equipment & personnel rate, Complete, for time for additional work approved by the owner for this project 1-A 10 HR 680 15% Hydrochloric Acid and specified additives for acid volume more or less than specified in Item No. B-8, Complete as specified. 2-A 50 GALS 10 Sound the depth of the gravel pack outside the top of the existing 9- inch or 10-inch diameter blank liner, Complete as specified. 3-A 1 LS 1360 If needed and approved, add gravel pack outside the top of the existing 9-inch or 10-inch diameter blank liner, Complete as specified. 4-A 15 FT 125 Perform specified, well specific capacity check test of well with the specified materials and equipment and provide written testing records and data, Complete as specified. 5-A 4 HR 250 Furnish, install and remove Contractor's minimum 1,000 gpm temporary test pump bowl, well pumping equipment and materials, Complete as specified. 6-A 1 LS 29950 Perform specified, well pumping test with the temporary test pump bowl, equipment and materials and provide written testing records and data, Complete as specified. 7-A 8 HR 410 Furnish and install new cast iron pump bowl stage to meet final pump design conditions that are different than specified in Bid Item No. B- 11, Complete as specified 8-A 1 EA 5605 Furnish and install new ductile iron pump bowl stage to meet final pump design conditions that are different than specified in Bid Item No. B-11, Complete as specified. 9-A 1 EA 5605 Machine holes in the existing well discharge head for the airline, water - level measuring pipe and any other accessories, Complete as specified. 10-A 1 LS 880 6800 500 1360 1875 1000 29950 3280 5605 5606 880 10/10/2024 00410 - 3 / 4 Page 153 of 267 City of College Station - Bid Form 25-003 Rehabilitation of Water Well No. 3 Bid Opening Tuesday, October 8, 2024 Furnish and install new coated fabricated steel discharge head with 4 lifting lugs and correct well discharge sized for Well No. 3 and machined holes for airline, PVC pipe and any other accessories, plus a short section of new discharge piping, expansion joint and/or flange(s) to connect the new head and existing piping, if needed, Complete as specified. 11-A 1 LS 18700 18700 Recondition the existing 400 Hp electric well motor, including: electric motor inspection, steam clean, dip and bake the stator; rewind the motor stator (if needed and approved); lathe check the motor; replace the bearings, balance the motor, replace the sight glass, oil and heaters; assemble and test the motor at full voltage; include any and all required machine work, install a new combination drive shaft and gib keys; steam clean or sand blast, prime and paint the motor with a paint and paint color acceptable to the OWNER, and install the motor and make it operational, Complete as specified. 12-A 1 LS 21800 21800 If directed by the Owner, furnish, install and remove Contractor's minimum 2,600 gpm temporary pump bowl, temporary pumping equipment and materials with Contractor's minimum 500 Hp temporary electric well motor and any electrical wiring and connections, disinfect the well, and make the well and temporary well pumping equipment operational for well pumping operations, Complete as specified. 13-A 1 LS 34480 34480 Rental of the Contractor's temporary pump bowl and temporary well pumping equipment and electric well motor in Bid Item No. 13-A, Complete as specified. 14-A 8 WK 2000 16000 If directed by the Owner based on the information in Bid Items B-1 and B-26, furnish and install the City's spare pump and furnish, install and remove the Contractor's temporary 600 Hp electric well motor and any necessary electrical wiring and connections, Complete as specified. 15-A 1 LS 27600 27600 Rental of the Contractor's temporary electric well motor in Bid Item No. 15-A, Complete as specified. 16-A 8 WK 7560 60480 "If directed by owner, install new owner provided 600 Hp, WP-1, 1,770 rpm, 460 volt, 3-phase premium efficient electric well motor with contractor provided new combination motor drive shaft and new head shat nut and gib keys, and any necessary electrical wiring and connections, complete as specified". 17-A 1 LS 8000 8000 ADDITIVE ALTERNATE BID ITEMS 243915 Total Base Bid +Alternate Bid 930470 Total Number of Completion Days 120 days 10/10/2024 00410 - 4 / 4 Page 154 of 267 November 25, 2024 Item No. 7.4. SPPS Well Field Collection Line Rehab PH I Change Order #1 Sponsor: Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a change order with Elliott Construction, LLC for $125,800 for construction services related to the Sandy Point Pump Station Wellfield Collection Line Ph#1 Rehabilitation project. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The Sandy Point Pump Station Wellfield Collection Line Phase #1 project includes replacing an existing 30-inch wellfield collection line with a 48-inch water line near and within the Sandy Point Pump Station Water Treatment Plant. This project was approved for construction by the City Council on April 11, 2024. Proposed change order #1 addresses increased costs related to the replacement of an existing chlorine injection vault and necessary adjustments due to a conflicting utility. During construction, it was determined that an existing chlorine injection vault was in poor condition and requires replacement to meet regulatory standards. Additionally, an unforeseen conflict with an existing Wellborn SUD water line necessitates field adjustments to ensure the proper installation of the new 48-inch water line. Budget & Financial Summary: A total budget in the amount of $1,400,000 is included for this project in the Water Capital Improvement Projects Fund. A total of $953,028 has been expended and committed to date, leaving a balance of $446,972 for this change order and related costs. Attachments: Change Order #1 Page 155 of 267 CHANGE ORDER NO. 1 PO No. 24202713 DATE: 10-31-2024 Contract No. 24300351 PROJECT: Sandv Point Pump Station Wellfield Collection Line Rehab ITB 24-030 OWNER: CONTRACTOR: City of College Station Elliott Construction LLC P.O. Box 9960 PO Box 3788 Ph: (979) 690-7071 Collegqe Station, Texas 77842 Bryan, TX 77805 Fax: PURPOSE OF THIS CHANGE ORDER: Replacement of the existing chlorine injection vault, which was deemed inadequate for reuse, installation of valves for the relocation of a 10" water POUR 7'X7'X15' BLEACH INJECTION VAULT IN PLACE (REUSE EXISTING TOP WITH LID) AND CO 1.4 LS HAUL OFF THE EXISTING CUT IN 2-10" GATE VALVES TO ISOLATE LINE, REMOVE AND REPLACE 80' OF 10" C900, CO 1.1 LS RECONNECT EACH END 48" 22.5 BEND (SHOWN IN PLANS & MISSED IN CO1.2 EA ITEMS) 48" 45 BEND (SHOWN IN PLANS & MISSED IN CO1.3 EA ITEMS) CO 1.5 LF 48" DUCTILE IRON PIPING ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 CHANGE ORDER NO. 2 REVISED CONTRACT AMOUNT ORIGINAL CONTRACT TIME Time Extension No. 1 Revised Contract Time SUBSTANTIAL COMPLETION DATE REVISED SUBSTANTIAL COMPLETION DATE APPROVED fW611- 10/31/2024 CONSTRUCTION CONTRACTOR Date QLV& ' k 11/4/2024 PROJECT MANAGER Date $24,400.00 0 1 $24,400.00 $32,200.00 0 1 $32,200.00 $25,000.00 0 1 $25,000.00 $25,000.00 0 1 $25,000.00 $1,600.00 264 276 $19,200.00 $864,440.00 $125, 800.00 $990,240.00 Days Days 0 Days 14.55% % CHANGE 0.00% % CHANGE 14.55% % TOTAL CHANGE .iU" -WVAWe , DEPARTMENT DIRECTOR A ST CITY MGR - CFO 6 - Q. USIV CITY ATTORNEY CITY MANAGER 11/19/2024 Date 11/19/2024 Date 11/19/2024 Date Date Page 156 of 267 ELLIOTT CONSTRUCTION, LLC P.O. BOX 510 WELLBORN, TX. 77881 CITY OF COLLEGE STATION 1101 TEXAS AVE. COLLEGE STATION, TX. 77842 August 13, 2024 SANDY POINT PUMP STATION WELLFIELD COLLECTION LINE CHANGE ORDER # 1 NO. DESCRIPTION QTY UN UNIT PRICE AMOUNT 1 CUT IN 2-10" GATE VALVES TO 1 LS $32,200.00 $32,200.00 ISOLATE LINE, REMOVE AND REPLACE 80' OF 10" C900, RECONNECT EACH END 2 48" 22.5 BEND (SHOWN IN PLANS & 1 EA $25,000.00 $25,000.00 MISSED IN ITEMS) 3 48" 45 BEND (SHOWN IN PLANS & 1 EA $25,000.00 $25,000.00 MISSED IN ITEMS) TOTAL $82,200.00 Page 157 of 267 ELLIOTT CONSTRUCTION, LLC P.O. BOX 510 WELLBORN, TX. 77881 CITY OF COLLEGE STATION 1101 TEXAS AVE. COLLEGE STATION, TX. 77842 SANDY POINT PUMP STATION WELLFIELD COLLECTION LINE CHANGE ORDER # 2 NO. DESCRIPTION 1 POUR 7'X7'X15' BLEACH INJECTION VAULT IN PLACE (REUSE EXISTING TOP WITH LID) AND HAUL OFF THE EXISTING QTY UN 1 LS UNIT PRICE $24,400.00 TOTAL September 27, 2024 AMOUNT $24,400.00 $24,400.00 Page 158 of 267 From: Ben Elliott To: Ramiro Martinez Cc: Emily LODez Subject: RE: SPPS Wellfield collection Phase 1 - Pricing Date: Tuesday, October 29, 2024 9:54:32 AM * * * * * This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. * * * * * No problem, I was going to get with yall today on something else. We also ended up having to get another stick of 48" ductile to finish also. The line ended up being 12 feet longer than the bid item has. Is this something you want to add to this CO? So, with the bid price at 1600.00 a LF it would be a 19,200.00 add. Ben Elliott Elliott Construction LLC 0-(979)690-7071 C-(979)255-1064 From: Ramiro Martinez <rmartinez@cstx.gov> Sent: Tuesday, October 29, 2024 9:34 AM To: Ben Elliott <ben@elliottcon.net> Cc: Emily Lopez <elopez@cstx.gov> Subject: RE: SPPS Wellfield collection Phase 1- Pricing Hey Ben, Sorry its taken so long to get back to you on this, its been a rough couple of weeks. See attached change order form. I haven't include anything for the conduit and cable run for the ultrasonic sensor. If you are good with it we can do it as a separate change order, let me know and I'll go ahead and route this one. This one will need to go to council. Thanks, Ramiro Martinez From: Ben Elliott <ben(@elliottcon.net> Sent: Wednesday, October 9, 2024 11:44 AM To: Ramiro Martinez <rmartinez(@cstx.eov> Subject: RE: SPPS Wellfield collection Phase 1 - Pricing ***** This is an email from an EXTERNAL source. DO NOT click links or open Page 159 of 267 attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Not sure what went on there. It's the 24,400 Ben Elliott Elliott Construction LLC 0-(979)690-7071 C-(979)255-1064 From: Ramiro Martinez <rmartinez(@cstx.eov> Sent: Wednesday, October 9, 2024 10:14 AM To: Ben Elliott <ben(a elliottcon.net> Subject: RE: SPPS Wellfield collection Phase 1 - Pricing Is its $24,400 or $32,200 for the poured in place vault? Thanks, Ramiro From: Ben Elliott <benC@elliottcon.net> Sent: Friday, September 27, 2024 7:50 AM To: Ramiro Martinez <rmartinezCcDcstx.Qov> Subject: RE: SPPS Wellfield collection Phase 1 - Pricing ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Ramiro, after looking at these sections closer we think it would be best to pour a new vault. This is a price to pour a new one. Let me know your thoughts Ben Elliott Elliott Construction LLC 0-(979)690-7071 C-(979)255-1064 From: Ramiro Martinez <rmartinez(@cstx.Lyov> Sent: Tuesday, September 24, 2024 1:16 PM To: Ben Elliott <ben(@elliottcon.net> Subject: RE: SPPS Wellfield collection Phase 1 - Pricing I think the majority of the box is good, but the portion of the box that has the pipe notch cut Page 160 of 267 out, we probably need to replace that portion of the box (see picture attached). Its got a pretty good crack at the crest. Also the ladder also needs to be replaced. From: Ben Elliott <ben(@elliottcon.net> Sent: Tuesday, September 24, 2024 10:55 AM To: Ramiro Martinez <rmartinez(@cstx.2ov> Subject: RE: SPPS Wellfield collection Phase 1 - Pricing ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** So, we were able to pull the old one out in good enough shape to where we think we can reuse it. Does the city want to go take a look at it and determine if its something they would want to reuse? Ben Elliott Elliott Construction LLC 0-(979)690-7071 C-(979)255-1064 From: Ramiro Martinez <rmartinez(@cstx.gov> Sent: Tuesday, September 24, 2024 10:07 AM To: Ben Elliott <ben(@elliottcon.net> Subject: SPPS Wellfield collection Phase 1- Pricing Hey Ben, Do you have pricing for replacing the bleach injection vault? Thanks, Ramiro Page 161 of 267 CITY OF COLLEGE STATION Home of Texas Ad'M Univeniiy' MEMORANDUM DATE: November 7, 2024 TO: Impact Fee Advisory Committee FROM: Carol Cotter, P.E., City Engineer SUBJECT: Semi -Annual Report - System -Wide Impact Fees for Water, Wastewater, and Roadway The City of College Station adopted "System -Wide" Impact Fees for water, wastewater, and roadways in the latter part of 2016. In accordance with Texas Local Government Code, the 5-year update was completed on November 22, 2021. Revised land use assumptions and capital improvements plans were adopted including resultant maximum assessable rates and associated collection rates. In July of last year, residential impact fee collection rates were amended to provide for annual increases to water and roadway impact fees, beginning January 1, 2024 and again on January 15Y of 2025 and 2026. Texas Local Government Code requires Semi -Annual Reporting to monitor the progress of impact fees and to determine if an update to the fee study is necessary before the statutory five-year requirement. Other than the programmed increase to the collection rates, there have been no major changes in the water, wastewater, or roadway impact fee programs during this reporting period. This report documents the period of April 1, 2024 to September 30, 2024 and includes a summary of the utility and roadway impact fees collected, transferred, and available for capital improvement projects. It also lists ongoing capital improvement projects partially funded by impact fee revenues. Staff recommends that the Impact Fee Advisory Committee accept this report and forward to City Council for their update. Impact Fee Advisory Committee (IFAC) The City of College Station Code of Ordinances Chapter 107, Impact Fees, designates the Planning and Zoning Commission as the Impact Fee Advisory Committee (IFAC). Additional ad hoc members were appointed for the update process. The role of the IFAC is to: 1. Advise and assist the City in adopting Land Use Assumptions. 2. Review the Capital Improvements Plan and file written comments. 3. Monitor and evaluate implementation of the Capital Improvements Plan. 4. File semi-annual reports with respect to the progress of the Capital Improvements Plan. 5. Advise the City Council of the need to update or revise the Land Use Assumptions, Capital Improvements Plan, and Impact Fees. panning & Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 TEL. 979.764.3570 • FAX. 979.764.3496 atx.gov/devservices Page 162 of 267 (*Orq" CITY OF COLLEGE STATION Home of Texx AcW University' Svstem-Wide Impact Fees System -wide impact fees for water and wastewater were adopted September 22, 2016, with roadway impact fees following on November 10, 2016. Maximum assessable rates were adopted, and reduced collection rates implemented. Water and wastewater fees were phased in, starting at 50% of the collection rate the first year with full collection rates the following year. Roadway impact fees were phased in, beginning with zero fee collection in year one and 50% in year two. Full implementation of the initial collection rates occurred in December 2018. The statuary 5-year update of the water, wastewater and roadway impact fee programs was completed November 22, 2021. Amendments to the land use assumptions and capital improvements plans were adopted, including resultant maximum assessable rates and associated collection rates, and became effective on January 1, 2022. The collection rate for residential developments was increased by 10% from the previous rates and became effective March 1, 2022. The service area for roadway impact fees remained unchanged, bounded by the city limits. Service areas for system -wide water and wastewater impact fees were adjusted to respective services areas within the city limits, removing areas of the City's extra -territorial jurisdiction (ETJ). In July of last year, residential impact fee collection rates were amended to provide for annual increases to water and roadway impact fees beginning January 1, 2024 and again on January 15t of 2025 and 2026. The amendments have been incorporated in the semi-annual report. Status of the impact fee programs are presented in the following tables. Impact Fee Program Overview Adopted Collection Rate per Total Recoverable Impact Fee Max Service Unit* Estimated Costs at Max Rate Capital Costs Rate Res Non -Res (2021— 2031) Water $3,877 $1,950 $500 $67,722,554 $54,457,437 Wastewater $5,572 $3,300 $3,000 $189,748,166 $71,917,188 Roadway A $499 $499 $80 $13,915,012 $9,052,650 Roadway B $1,261 $897 $80 $48,390,353 $20,114,165 Roadway C $2,127 $897 $80 $78,250,564 $25,687,488 Roadway D $3,452 $897 $80 $74,492,580 $57,399,762 Roadway Totals $215,048,509 $112,254,065 * Refer to Collection Rate Adjustment Schedule table for programmed collection rates. ** Recoverable costs include programmed collection rate adjustments. Recoverable Cost at Collection Rate (2021-2031) ** $11.8M $24.2M $3.4M $5.9M $8.9M $5.7M $23.7M Planning e6, Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 TEL. 979 764.3570 • FAX 979.764.3496 cstx.gov/devservices Page 2 of 6 Page 163 of 267 (*Orq" CITY OF COLLEGE STATION Home of Texx AcW University' Collection Rate Adjustment Schedule Collection Rate Per Service Unit Impact Fee Residential Non -Residential 2025 2026 Water $2,150 $2,325 $500 Wastewater $3,300 $3,300 $3,000 Roadway A $499 $499 $80 Roadway B $1,163* $1,261* $80 Roadway C $1,163 $1,514 $80 Roadway D $1,163 $1,514 $80 * For properties platted priorto January 1, 2022, the collection rate is limited to the 2016 maximum assessable rate of $1,072. Impact fee revenues collected since the initial adoption of system -wide impact fees in 2016 are provided by fiscal year in the table below. Amounts collected for this six (6) month reporting period from April 1, 2024 through September 30, 2024 are also provided. Planning e6, Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 Page 3 of 6 TEL. 979 764.3570 • FAX 979.764.3496 cstx.gov/devserAces Page 164 of 267 (*Orq" OF COLLEGE STATION Home of Texas AdM University' Impact Fee Revenues FY24 Total 2"d 6 Month Impact Fee FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 Reporting Impact Fees Period Collected Water $45,075 $339,325 $335,400 $381,880 $420,200 $474,025 $328,370 $570,640 $425,240 $2,894,915 Wastewater $155,475 $1,606,025 $1,575,150 $1,666,800 $2,243,700 $2,333,880 $1,725,705 $1,704,720 $918,180 $13,011,455 Roadway A $0 $40,893 $81,193 $123,327 $117,261 $454,618 $142,401 $90,148 $26,075 $1,049,841 Roadway B $0 $32,671 $80,625 $427,118 $538,988 $494,585 $316,257 $974,038 $818,429 $2,864,282 Roadway C $0 $156,540 $391,243 $186,979 $194,634 $255,872 $205,679 $423,207 $239,740 $1,814,154 Roadway D $0 $33,000 $150,526 $79,161 $85,404 $288,661 $229,382 $47,212 $37,100 $913,346 Roadway Totals $0 $263,104 $703,587 $816,585 $936,287 $1,493,736 $893,719 $1,534,605 $1,121,344 $6,641,623 Planning eir Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 TEL. 979.764.3570 • FAX. 979.764.3496 cstx.gov/devservices Page 4 of 6 Page 165 of 267 CITY OF COLLEGE STATION Home ofTexasAdM University' Impact Fee Capital Improvement Plan Implementation as of September 30, 2024 Impact Fees Developer City Total Capital Impact Fee Allocated Constructed Funded Project (Estimated) Expenditures Water $2,696,085 $120,000 $31,764,042 $34,580,127 Wastewater $12,113,956 $690,000 $74,111,441 $86,915,397 Roadway A $767,500 $0 $445,858 $1,213,358 Roadway B $617,500 $0 $29,654,763 $30,272,263 Roadway C $1,193,333 $77,667 $41,695,859 $42,966,859 Roadway D $767,500 $777,500 $10,493,820 $12,038,820 Roadway $3,345,833 $855,167 $82,290,300 $86,491,300 Totals The impact fee revenues are being utilized to aid in funding a number of the impact fee capital improvement projects. Impact fees may only be spent on eligible projects identified in the respective impact fee capital improvement plans and are then further restricted to the specific zones for roadway impact fees. The projects that have received impact fee funding are listed as follows. Capital Proiects Receiving Impact Fee Allocation Water Impact Fee Projects: • Well #9 and Collection Line (Project F) • SH 6 Water Line Phases 1 and 2 (Project N) • SH 6 Water Line Phase 3 (Project O) • 2021 Impact Fee Study (Project R) Wastewater Impact Fee Projects: • Lick Creek Trunk Line (Project C) • Northeast Trunk Line Phases 1 and 2 (Project E) • Carters Creek Diversion Lift Station Phase 1 (Project M) • Lick Creek WWTP Phase 1 Expansion (Project N) • 2021 Impact Fee Update (Project O) Roadway Impact Fee Projects: • Zones A and D - Rock Prairie Road from SH 6 to Stonebrook Drive (Project A-5/D-1) • Zones A and D - Rock Prairie Road from Stonebrook Drive to Town Lake Drive (Project A-6/D-2) • Zones B and C - Rock Prairie Road W from 715' west of Towers Parkway to Wellborn Road (Project B-3/C-1) • Zone C - Capstone Drive from 1,265' west of Wellborn Road to Wellborn Road (Project C-4) • Zone C - Barron Road from Wellborn Road to WS Phillips Parkway (Project C-5) • Impact Fee Study (all Zones) Planning er Development Services Page 5 of 6 P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 TEL. 979.764.3570 • FAX. 979.764.3496 cstx.gov/devservices Page 166 of 267 (*Orq" CITY OF COLLEGE STATION Home of Texx AcW University' Recommendation: Staff recommends that the Impact Fee Advisory Committee accept this report and forward to City Council for their update. Attachments: 1. Future Land Use Map 2. Service Area Maps - Water, Wastewater, and Roadway 3. Status of the Impact Fee Capital Improvements Plans — Water, Wastewater, and Roadway Planning e6, Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 Page 6 of 6 TEL. 979 764.3570 • FAX 979.764.3496 cstx.gov/devserAces Page 167 of 267 If N ORTH and the GIS user community Page 171 of 267 Water Impact Fees Capital Improvement Plan Semi -Annual Impact Fee Report: April 2024 - September 2024 Project ID Description of Project(') Project Status as of Project Cost September as A I High Service Pumping Improvements IBioCorridor Water Line IArea 2 Water Line Extension (Cooling Tower Expansion (Well No. 10 Land Acquisition (Well No. 9 and Collection Line IMidtown Drive 12-inch Water Line IThe Crossing at Lick Creek Phase 1 - 3 Oversize Participation IEmbassy Suites Water Line Oversize Participation IBrazos Valley Auto Complex Oversize Participation ICastlegate II Oversize Participation (Greens Prairie Oversize Participation ISummit Crossing Phase 3A Oversize Participation ISH 6 Water Line Phase 1 and 2 ISH 6 Water Line Phase 3 13.0 MG Elevated Storage Tank and Pressure Reducing Valves ISH 40 Water Line Phase 1 and 2 12021 Impact Fee Study INew and Replacement 12-inch Rock Prairie Road Water Line INew 18-Inch Midtown Business Center Water Line IBioCorridor Water Line Improvements (Water Supply Well No. 10 I Harvey Mitchel Parkway Water Line Replacement projects include only the portion of costs paid for by the City $ 3,597,227 $ 998,884 $ 1,000,000 $ 3,795,667 $ 1,048,633 $ 7,623,202 $ 920,000 $ 45,233 $ 15,030 $ 84,791 $ 50,871 $ 96,498 $ 32,550 $ 1,036,568 $ 3,050,000 $ 8,690,000 $ 4,200,000 $ 150,000 $ 2,289,500 $ 2,796,400 $ 2,741,200 $ 19,223,900 $ 4,236,400 Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete In Design Complete Future Future Future In Design Future B C D E F G H I J K L M N O P Q R 1 2 3 4 5 'Oversize participation Page 172 of 267 Wastewater Impact Fees Capital Improvement Plan Semi -Annual Impact Fee Report: April 2024 - September 2024 Project ID Description of Project(') Project Cost Project Status as of September 2024 A Royder/Live Oak Sewer Service $ 1,691,256 Complete B Bee Creek Interceptor Phase 1 and 2 $ 8,472,421 Complete C Lick Creek Trunk Line $ 14,020,058 Complete D Medical District Trunk Line Phase 1 (Participation Agreement) $ 1,770,375 Complete E Northeast Trunk Line Phase 1 and 2 $ 6,558,738 Complete F Southwood Valley Trunk Line Phase 1 $ 1,518,488 Complete G 18-Inch Harvey Road Gravity Line $ 188,790 Complete H Creek Meadows Lift Station Upsizing and Force Main $ 212,587 Complete I Nagle Street Student Housing Oversize Participation $ 26,854 Complete J Bee Creek Interceptor Phase 3 $ 3,900,000 Under Construction K Medical District Trunk Line Phase 2 and 3 $ 3,250,000 Phase 2: In Design; Phase 3: In Design L Northeast Trunk Line Phase 3 and 4 $ 13,861,000 Phase 3: In Design; Phase 4: In Design M Carters Creek Diversion Lift Station Phase 1 $ 13,900,000 Under Construction N Lick Creek WWTP Phase 1 Expansion $ 39,014,049 Complete O 2021 Impact Fee Update $ 174,150 Complete 1 15/18/24/30/36-inch Southwood Valley Interceptor Phase 2 $ 7,314,800 Programmed 2 18/21/24-Inch Bee Creek Trunk Line Phase 4 $ 5,357,800 Future 3 18/21-Inch Alum Creek Sewer Trunk Line $ 11,136,600 In Design 4 8-Inch Creek Meadows Force Main Re -Routed to Alum Creek Trunk Line $ 2,517,900 Future 5 Lick Creek WWTP Phase 2 Expansion (to 8.0 MGD) $ 49,946,000 Future 6 21/24-Inch Harvey Road Replacement Gravity Line $ 4,916,300 Future (')Oversize participation projects include only the portion of costs paid for by the City. Page 174 of 267 Roadway Impact Fee Capital Improvement Plan Semi -Annual Impact Fee Report: April 2024 - September 2024 Service Area A Limits I Project Status as Project ID Functional Class Project Project Type Project Cost of September 2024 From To A-1 4 lane Minor Arterial George Bush Drive E Dominik Drive Harvey Road Widening $ 2,409,500 Future A-2 2 lane Major Collector Lassie Lane Sterling Street Manuel Drive Future $ 860,066 Future A-3 2 lane Major Collector Dartmouth Street 720' S of Harvey Mitchell Parkway S Texas Avenue S Future $ 2,423,520 Future A-4 4 lane Major Arterial - TxDOT Harvey Road SH 6 Northbound Frontage Road Boonville Road Widening $ 2,509,696 In Design A-5, D-1 4 lane Major Arterial Rock Prairie Road SH 6 Northbound Frontage Road Stonebrook Drive Partial Widening $ 2,164,000 Construction A-6, D-2 4 lane Major Arterial Rock Prairie Road Stonebrook Drive Town Lake Drive Widening $ 5,136,000 Construction A-7, D-8 4 lane Major Arterial Bird Pond Road Rock Prairie Road 1,055' E of Rock Prairie Road Future $ 1,758,000 Future Intersections 1 University Drive E and University Towne Center $ 400,000 Future 2 Harvey Mitchell Parkway S and Dartmouth Street $ 301,515 Complete 3 Texas Avenue S and Brothers Boulevard $ 397,476 Complete Page 176 of 267 Legend FUTURE THOROUGHFARE WIDENING CO '0A PARTIAL WIDENING �RFiFIo CONSTRUCTED - EXCESS CAPACITY �y 9� OTHER THOROUGHFARES INTERSECTION IMPROVEMENT - FUTURE 3 INTERSECTION IMPROVEMENT - CONSTRUCTED X tie i sy e �0o R GFeG sy F q� lq S TF�q S y q� J�0�0y� Pp�O Ty G yo z O � M Ar (* or"" 3 Q � CITY OF COLLEGE STATION Exhibit 2 CIP -Service Area A 0 0.5 1 Miles NORTH Kimley ))Horn November 2021 iA b P A-`'' D 1 I A-6, D-2 0+o Qo 067 Page 177 of 267 Roadway Impact Fee Capital Improvement Plan Semi -Annual Impact Fee Report: April 2024 - September 2024 Service Area B Project ID B-1 B-2 B-3, C-1 B-4, C-2 B-5 B-6 B-7 B-8 B-9 B-10 3 4 5 6 7 8 Limits Functional Class Project I From I To 4 lane Minor Arterial F & B Road 160' E of Turkey Creek Road Harvey Mitchell Parkway S 4 lane Minor Arterial (1/2) Luther Street W Harvey Mitchell Parkway Jones Butler Road 4 lane Minor Arterial Rock Prairie Road W 715' W of Towers Parkway Wellborn Road 6 lane Major Arterial Rock Prairie Road Normand Drive SH 6 2 lane Major Collector Turkey Creek Road 2,775' N of Raymond Stotzer Raymond Stotzer Parkway Westbound Parkway Westbound Frontage Road Frontage Road 6 lane Major Arterial - TxDOT Harvey Mitchell Parkway S Raymond Stotzer Parkway Wellborn Road 4 lane Minor Arterial Penberthy Road George Bush Drive Luther Street W 6 lane Major Arterial - TxDOT Wellborn Road George Bush Drive 940' N of Harvey Mitchell Parkway S 2 lane Major Collector Jones Butler Road Harvey Mitchell Parkway S Holleman Drive S 4 lane Minor Arterial Holleman Drive S N Dowling Road 290' S of Rock Prairie Road W Intersections Texas Avenue S and Brothers Boulevard Wellborn Road and George Bush Drive Welborn Road and Holleman Drive Wellborn Road and Deacon Drive Holleman Drive W and Jones Butler Road Longmire Drive and Ponderosa Drive Project Status as Project Type Project Cost of September 2024 Widening $ 4,106,520 Future Partial Widening $ 2,903,600 Future Widening $ 4,659,868 Complete Constructed $ 4,017,530 Complete Widening $ 3,278,140 Widening $ 1,407,527 Constructed $ 3,080,683 Partial Widening $ 1,486,464 Future $ 9,652,780 Constructed $ 10,631,067 $ 397,476 $ 7,690,299 $ 644,445 $ 4,532,013 $ 572,000 $ 350,000 Future Construction Complete Future In Design Complete Complete In Design Complete Complete In Design Future Page 178 of 267 Page 179 of 267 Roadway Impact Fee Capital Improvement Plan Semi -Annual Impact Fee Report: April 2024 - September 2024 Service Area C Project ID Functional Class Project I Limits Project Type Project Cost Project Status as of September 2024 From To B-3, C-1 4 lane Minor Arterial 6 lane Major Arterial 4 lane Minor Arterial 4 lane Minor Arterial 4 lane Minor Arterial 4 lane Minor Arterial 4 lane Minor Arterial 4 lane Major Arterial 4 lane Major Arterial - TxDOT 4 lane Minor Arterial (1/2) 4 lane Minor Arterial (50%) 4 lane Minor Arterial (50%) 4 lane Minor Arterial 2 lane Major Collector Rock Prairie Road W Rock Prairie Road Barron Road Capstone Drive Barron Road Greens Prairie Road Greens Prairie Road Towers Parkway Wellborn Road WS Phillips Parkway WS Phillips Parkway Royder Road Extension Royder Road Victoria Avenue 715' W of Towers Parkway Normand Drive WS Phillips Parkway 1265' W of Wellborn Road Wellborn Road 820' W OF WS Phillips Parkway Wellborn Road Rock Prairie Road W Capstone Drive Barron Road Greens Prairie Road I-GN Road Wellborn Road Southern Plantation Drive Wellborn Road SH 6 Decatur Drive Wellborn Road WS Phillips Parkway Arrington Road 1290' E of Creek Meadow Boulevard N Wellborn Road 540' S of Greens Prairie Road Greens Prairie Road Arrington Road Wellborn Road 885' S of Greens Prairie Road William D. Fitch Parkway Widening Constructed Constructed Future Widening Widening Constructed Future Widening Partial Widening Future Future Constructed Constructed $ $ $ $ $ $ $ $ $ $ $ $ $ $ 4,659,868 4,017,530 5,795,317 2,765,575 4,712,977 10,550,324 8,918,795 10,030,680 2,407,328 5,844,160 7,311,480 3,360,000 7,690,299 1,973,927 Complete Complete Complete In Design In Design Complete Complete Future In Design Future Future Future Complete Complete B-4, C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-12 C-13 C-14 Intersections 9 Graham Road and Victoria Avenue Barron Road and Alexandria Avenue Barron Road and Decatur Drive Barron Road and Longmire Drive Longimre Drive and Eagle Avenue William D. Fitch Parkway and Victoria Avenue $ $ $ $ $ $ 350,000 320,994 350,000 350,000 350,000 816,249 Future Complete In Design In Design In Design Complete 10 11 12 13 14 Page 180 of 267 / Legend ■ ■ ■ FUTURE THOROUGHFARE \ WIDENING 'J`\ PARTIALWIDENING / CONSTRUCTED - EXCESS CAPACITY OTHER THOROUGHFARES • INTERSECTION IMPROVEMENT FUTURE INTERSECTION IMPROVEMENT CONSTRUCTED U 0 TOY � ♦ ♦ JERS a �c2 CPPSTON� c-� (*- 00F� CITY OF C0IJ,F.CF STATION Exhibit 2 CIP -Service Area 0 0.5 1 Miles NORTH Kimlep))Horn November 2021 C_A2 0 lb Gh P WILLIAM D FITCH e z 0 z i Page 181 of 267 Roadway Impact Fee Capital Improvement Plan Semi -Annual Impact Fee Report: April 2024 - September 2024 Service Area D Project ID Functional Class Project I Limits Project Type Project Cost Project Status as of September 2024 From To A-5, D-1 4 lane Major Arterial (1/2) 4 lane Major Arterial 4 lane Major Arterial 4 lane Minor Arterial 4 lane Minor Arterial (1/2) 2 lane Major Collector 2 lane Major Collector 4 lane Major Arterial 4 lane Minor Arterial (50%) 2 lane Major Collector 2 lane Major Collector 4 lane Minor Arterial (1/2) 4 lane Minor Arterial (50%) 2 lane Major Collector 2 lane Major Collector 4 lane Minor Arterial (50%) 2 lane Major Collector 4 lane Minor Arterial (50%) Rock Prairie Road Rock Prairie Road Rock Prairie Road Midtown Drive Midtown Drive Midtown Drive Durham Drive Bird Pond Road Town Lake Drive Corporate Parkway Corporate Parkway Pebble Creek Parkway Pebble Creek Parkway Lakeway Drive Mather Parkway Nantucket Drive Nantucket Drive Southern Pointe Parkway SH 6 Northbound Frontage Road Stonebrook Drive Town Lake Drive Medical Avenue 990' E of Medical Avenue 800' S of Town Lake Drive Midtown Drive Rock Prairie Road SH 6 Northbound Frontage Road SH 6 Northbound Frontage Road Midtown Drive Royal Adelade Drive St Andrews Drive 1645' S of Gateway Boulevard Nantucket Drive SH 6 Northbound Frontage Road Pebble Creek Parkway 205' W of Pipeline Road Stonebrook Drive Town Lake Drive William D. Fitch Parkway 990' E of Medical Avenue 800' S of Town Lake Drive 2605' S of Corporate Parkway Rock Prairie Road 1055' E of Rock Prairie Road Midtown Drive Midtown Drive William D. Fitch Parkway St Andrews Drive 275' S of Lone Star Lane SH 6 Northbound Frontage Road 1920' S of Nantucket Drive Pebble Creek Parkway Southern Pointe Parkway 280' E of Nantucket Drive Partial Widening Widening Widening Constructed Partial Widening Constructed Future Future Future Constructed Future Partial Widening Future Future Future Future Future Future $ 2,164,000 $ 5,136,000 $ 17,245,000 $ 1,028,820 $ 4,535,000 $ 5,374,808 $ 981,960 $ 1,758,000 $ 1,753,000 $ 1,436,192 $ 9,894,000 $ 2,137,000 $ 7,690,299 $ 2,635,080 $ 882,000 $ 5,877,000 $ 3,083,220 $ 3,902,000 Construction Construction In Design Complete Future Complete Future Future Partial Complete Future Future Future Future Future Future Future Future A-6, D-2 D-3 D-4 D-5 D-6 D-7 A-7, D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 Page 182 of 267 Legend FUTURE THOROUGHFARE WIDENING PARTIAL WIDENING CONSTRUCTED - EXCESS CAPACITY OTHER THOROUGHFARES INTERSECTION IMPROVEMENT - FUTURE INTERSECTION IMPROVEMENT -CONSTRUCTED IN O� 0RA �2 i �RIdO� .T i D-11 ♦' O,6 ♦ CITY OF COLLEGE STATION Exhibit 2 CIP -Service Area 0 0.5 1 Miles NORTH Kimley»)Horn November 2021 \ _L_ u O �2 A� O' • ♦ N .Cx0 ♦ +♦ ♦ ♦ i A ■ ;0 ♦ 0 Pam♦ 8 Page 183 of 267 November 25, 2024 Item No. 8.1. Emergency Management Update Sponsor: Richard Mann, Chief of Fire and Emergency Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an update from College Station Emergency Management. Relationship to Strategic Goals: 1. Core Services & Infrastructure — The city will plan for, maintain, and invest in the infrastructure, facilities, services, personnel, and equipment for projected needs and opportunities. 2. Good Governance - Increase transparency and improve the public's ability to participate in government through efforts such as continuing to offer virtual options for public meetings, providing a centralized calendar for public meetings and events, and allowing citizens to book city facilities from the city's website. Recommendation(s): Staff recommends that Council receive an update regarding Emergency Management. This is an informational presentation only. Summary: Emergency Management Coordinator, Tradd Mills, will provide an update regarding the actions of emergency management for the City of College Station as well as collaboration with partnering agencies. Budget & Financial Summary: N/A Attachments: None Page 184 of 267 November 25, 2024 Item No. 9.1. 6106-6124 Darlington Ave Public Utility Easement Abandonment Sponsor: Lucas Harper Reviewed By CBC: City Council Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 0.077 acre portion of a 20-foot-wide public utility easement located along Lots 2-5, Block 25 of the Southern Pointe Subdivision, Section 200, Brazos County, Texas, according to the instrument recorded in Volume 14600, Page 73 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 as a result of a desire to construct residential homes on lots that are currently occupied by a shared drive and parking for model homes located in the subdivision. The originally dedicated easement was not utilized by utilities and a separate public utility easement (PUE) has been dedicated along the right- of-way frontage to serve existing and future utilities. The existing 50-foot-wide right-of-way of Darlington Avenue will also remain in place to provide access and utilities to the lots. The utility easement is located approximately 120 feet southeast of the intersection of Southern Pointe Parkway and Darlington Avenue, extending across Lots 2-5, Block 25 of the Southern Pointe Subdivision, Section 200, also currently known as 6106-6124 Darlington Avenue. Budget & Financial Summary: N/A Attachments: 1. Vicinity Map 2. Location Map 3. Application 4. Ordinance Southern Pointe 2 Page 185 of 267 / 0 0.01 0.01 0.03 Miles Phis product is for informational purposes and may not have been prepared for or be`suitable for legal, engineering, or surveying purposes It does not represent an on -the -ground survey and represents only the approximate relative locatlon o roperty boundaries Vo warranty is made by the Citv of College Station reoardino specific accuracv or completeness Page f86 ot�261 LOCATION MAP Lot. III PORTION OF 20' WIDE PUE TO BE ABANDONED 0.077 ACRES Lot. EKAMV/ 0 10 20 40 Feel of This product 'islorpformational purposes and may not have been pr7@ccuracYnef,0,'r o warranttAde by the Cityof College Station re ardor s eafic Lot Pil 1W Lot. — �` � Lot• r Lot. \4 4 1 purpos not represent an on -the -ground survey and represents onlY`1 ie approzi n of property boundaries Page 7 0 7 FOR OFFICE USE ONLY CASE NO.: DATE SUBMITTED: TIME: STAFF: ABANDONMENT OF PUBLIC RIG HT-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ❑X Abandonment of Public Right-of-Way/Easement Application Fee. (Referto 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. ❑ 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): 6106-6124 Darlington Avenue, College Station, TX 77845, Southern Pointe Subdivision Section 200, Block 25, Lot 2-5 APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Schultz Engineering LLC - Ricky Flores Street Address 911 Southwest Parkway City College Station Phone Number 979-764-3900 E-mail ricky@schultzeng.com State TX Zip Code 77840 Fax Number 979-764-3910 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name BV Southern Pointe Development INC E-mail wsphillips3@gmail.cam Street Address: 1140 Midtown Drive City College Station State Texas Zip Cade 77845 Phone Number (979) 255 - 4466 Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. 1F THIS APPLICATION 1S 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 most be accompanied by proof of authority for the company's representative to sign the application on its behalf. �- 1l Signature and title Date 3118 Page 1 of 8 Page 188 of 267 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 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: Name Street Address City State Reason consent was not obtained: If objecting, points of objection: E-mail E-mail E-mail Zip Code Zip Code Zip Code 3/18 Page 2 of 8 Page 189 of 267 7. That the abandonment will not result in property that does not have access to public roadways or utilities because: This property has easements along the adjacent roadway and the rear of the lot. That there is no current public need or use for the easement or right-of-way because: The easement was for a waterline that has since been removed and relocated. 9. That there is no anticipated future public need or use for the easement or right-of-way because. - This property has easements along the adjacent roadway and the rear of the lot. 10. That all public utilities have access to serve current and future customers because: risting public utilities are in place to serve these adjacent lots and no future utilities are needed. 11. Such public rig ht-of-wayleaseme nt has been and is being used as follows: IThe existing easement is vacant swear that all of the information contained in this application is true and correct to the best of my Knowledge and belief. SMignature and title STATE OF TEXAS ACKNOWLEDGEMENT GOUTY OF BRAZOS S b cribed and sworn to before me Notary Public, this �ph VICKI HILLER? ? r Notary In #11257187 My Commsssion Expires July 20, 2025 3118 / V/ C);z L� Date day of Cm he-e- IzaYby t Notary Public in and for the State of Texas Page 3 of 8 Page 190 of 267 Application for Abandonment of a Public Right-of-Way/Easement Location: 6106-6124 Darlington 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 191 of 267 a& �K E R R FIELD NOTES DESCRIPTION � `SURVEYING oFA PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT CROSSING LOTS 2-5, BLOCK 25, SOUTHERN POINTE SUBDIVISION SECTION 200 STERRETT D. SMITH LEAGUE SURVEY, ABSTRACT 210 BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF A PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT IN THE STERRETT D. SMITH LEAGUE SURVEY, ABSTRACT 210, IN BRAZOS COUNTY, TEXAS, SAID EASEMENT RECORDED IN VOLUME 14600, PAGE 73 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT), BEING OVER, ACROSS, AND UPON LOTS 2-5, BLOCK 25, SOUTHERN POINTE SUBDIVISION SECTION 200 FILED IN VOLUME 17135, PAGE 211 (OPRBCT); SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" on the southwest right-of-way of Darlington Avenue (50' wide right-of-way, 17135/2110PRBCT) marking the east corner of said Lot 1, Block 25 and the north corner of Lot 2, Block 25, from which the City of College Station monument CS94- 154 bears S 81' 34' 04" E a distance of 6,070.04 feet; THENCE, with said right-of-way and the northeast lines of said Lot 2, 5 360 44' S0" E a distance of 7.42 feet; THENCE, over, across, and upon said Lot 2, S 08° 12' 32" W a distance of 32.06 feet to an angle point; THENCE, over, across, and upon said Lots 2-4, 5 36' 44' S0" E a distance of 77.80 feet to an angle point; THENCE, over, across, and upon said Lot 4, S 810 44' 50" E a distance of 32.03 feet to a point on said southwest right-of-way and a north line of said 20' wide public utility easement; THENCE, with said right-of-way, 5 36' 44' S0" E passing at a distance of 19.45 feet a 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" and continuing for a total distance of 28.28 feet; THENCE, over, across, and upon said Lots 5 and 4, N 81° 44' S0" W a distance of 60.32 feet to an angle point; THENCE, over, across, and upon said Lots 4, 3, and 2, N 36' 44' S0" W a distance of 94.36 feet to an angle point; 21Pa9e 24-1006 MFBs PUE Lot2-5.d0cx (file name) _..- . _. ... .1i r� lka THENCE, over, across, and upon said Lot 2, N 080 12'32" E a distance of 30.84 feet to a point on the northwest line of said Lot 2 and the southeast line of said Lot 1; THENCE, with the common line of said Lots 1 and 2, N 53015' 10" E a distance of 2036 feet to the POINT OF BEGINNING hereof and containing 0.077 of an acre (3351 sq. ft.) more or less. Surveyed on the ground in 2021 and 2024 under my supervision. See exhibit prepared August 2024 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. Distances described herein are surface distances. To obtain grid distances (not grid areas) multiply by a combined scale factor of 0.9999059410912 (calculated using GE01131213). Reference drawing: 24-1006-5 Release 20' PUE Lot2-5.dwg ......................... MICHAEL KONETSKI ............ ...............: .. tA- 6531 �r i �z- 10/29/24 Michael Konetski Registered Professional Land Surveyor No. 6531 Revised 10-29-2014 to reference e35ement.-14600173 OPRBCT. KERB SURVEYING Kerr Surveying, LLC 11718 Briarcrest Dr. Bryan, TX 77802 Office: (979) 268-31951 Web: www.kerrlandsurveuinQ.com Surveus(@kerrsurveuinci.net I TBPELS Firm No.10018500 3 1 P a g e 24-1006 M&Bs PUE Lot2-5.docx (file name) Sege' {7►.i� Application for Abandonment of a Public Right-of-Way/Easement Location: 6106-6124 Darlington 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 194 of 267 A a I' ...i......................... MICHAEL KONETSKI A SCALE: 1" = 20' 0' 20, I \ \ 1 r \ ` \I LOT \ I \Sys o�C BLOCK 25 \ 20o_16 �l 1 I I I i �IZt j MICHAEL KONETSKI / REGISTERED PROFESSIONAL LAND SURVEYOR NO.6531 1 I \ POINT OF BEGINNING I 112 INCH IRON ROD FOUND (CM) r WITH RED PLASTIC CAP STAMPED "JONES AND CARTER" GENERAL NOTES `\ BEARING SYSTEM SHOWN HEREON IS BASED ON THE TEXAS STATE PLANE \ CENTRAL ZONE GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. 5 \\ DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE \ NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) MULTIPLY BY A COMBINED _ SCALE FACTOR OF 0.9999059410912(CALCULATED USING GEOIDI2B). (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. SURVEY EXHIBIT OF A PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT VOLUME 14600, PAGE 73, OPRBCT OVER, ACROSS, AND UPON LOTS 2-5, BLOCK 25 SOUTHERN POINTE SECTION 200 VOLUME 17135, PAGE 211, OPRBCT STERRETT D. SMITH LEAGUE SURVEY, ABSTRACT No. 210 BRAZOS COUNTY, TEXAS CITY OF COLLEGE STATION MONUMENT 1594-154 BEAR 561°34'04"E 6,C70.04' S 36044'50" E 7.42' SCALE:1 INCH = 20 FEET SURVEY DATE: 20216 2024 1 PLAT DATE: 08-30-2024 JOB #: 24-10061 CAD NAME: 24-1006-S Release 20' PUE Lot 2-5 E IN 6 POINT FILE: SOUTHERN POINTE SURFACE (cant); 21-655 (job) DRAWN BY: TJF CHECKED BY: MK C PREPARED BY:KERRSURVEYING,LLC "When one person stands P TBPELS FIRM#10018500 1718 BRIARCREST DRIVE, BRYAN, TEXAS 77802 to gain over another, the PHONE: (979) 268-3195 facts must he uncovered" SURVEYS@KERRSURVEYING.NETIKERRLANDSURVEYING.COM THIS SURVEY EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE 3 COMMITMENT. EASEMENTS AND OTHER MATTERS MAY APPLY. ,L, I N - THIS SURVEY REFLECTS THE EASEMENT PORTION ONLY. ADDITIONAL P ^o IMPROVEMENTS MAY EXIST AND WERE NOT LOCATED AT THE TIME OF THIS \ M SURVEY. Ln THIS PLAT WAS PREPARED IN CONJUNCTION WITH FIELD NOTES M o r \ \\ DESCRIPTIONS (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE Z \ INSTRUMENT TOGETHER. INTENDED TO BE ONE INSTRU \ RE!//SED 10-29-2024 TOADD NORTH \ \ ARROW, 5CALEBAR, AND PLAT 1:Al � \ 20' WIDE PUBLIC UTILITY EASEMENT �p O REFERENCES (14600/73 OPRBCT) LOT 2 BLOCK 25 as CP \ \ PORTION OF 20' WIDE \ LEGEND: y� _ \` oQo�� \ PUBLIC UTILITY EASEMENT \\ 6'° 0.077 ACRE (3351 SQ. FT) \ DRBCT = DEED RECORDS OF BRAZOS �jr, ` \ COUNTY, TEXAS `r0, \ \ \ ORBCT= OFFICIAL RECORDS OF y \ \ BRAZOS COUNTY, TEXAS � \ OPRBCT = OFFICIAL PUBLIC RECORDS LOT 3 -* \ OF BRAZOS COUNTY, TEXAS BLOCK 25 \ 32.03' z 123/456 = VOLUME AND PAGE FROM S 81044'S0" E PUBLIC COUNTY RECORDS 777 50UT11ERNP01N7E N/F=NOW OR FORMERLY �. SECT/ONZ00E- O = RECORD INFORMATION (171551211OPRBCTf g � ' ����� t ass �_. �_: � �, .� . ��o 112 INCH IRON ROD FOUND (CM) ��� EE = ELECTRICAL EASEMENT LOT 4 WITH RED PLASTIC CAP STAMPED ' JONES AND CARTER F PUE = PUBLIC UTILITY EASEMENT BLOCK 25 N 81°4430° #, \ W 60.32' 1 LOT 5 \\ \ BLOCK 25 1 P a P rage I yj of 167 Application for Abandonment of a Public Right-of-WaylEasement Location: 6106-6124 Darlington 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 r By: Title: �y�n e e 5 VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: 3118 Page 6 of 8 Page 196 of 267 Application for Abandonment of a Public Right-of-Way/Easement Location: 6106-6124 Darlington 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: By: Title: 0'5? � P/vt eel - SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: 3/18 Page 6 of 8 Page 197 of 267 Application for Abandonment of a Public Right-of-Way/Easement Location: 6966-6124 Darlington 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-wayfutility 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: VER€ZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS �a By: Title:�i���r.�.►� r.� - —L�7S - ��� Ie � 21 BRYAN TEXAS UTILITIES By: Title: 3/18 Page 6 of 8 Page 198 of 267 Application for Abandonment of a Public Right-of-Way/Easement Location: 6106-6124 Darlington 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: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: L�M.AWac-rV9=:- Title:-'�xc...rs�s: q.✓ 3118 Page 6 of 8 Page 199 of 267 Application for Abandonment of a Public Right-of-Way/Easement Location: 6106-6124 Darlington Ave. 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 from the standpoint of City of College Station ordinances and with respect to present 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 �C c�Dent „iojzoty C, of College Station l JI Public Works Director City of College Station 09/24/2024 Building Official City of College Station Fire Marshal City of College Station Water Services Department City of College Station Page 7of8 Page 200 of 267 Application for Abandonment of a Public Right-of-Way/Easement Location: 6106-6124 Darlington 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: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 3/18 1 Print Form I Page 8 of 8 Page 201 of 267 LINIVERSI'Ty TITLE COMPANY TITLE REPORT CF No.: 2404841CS Certification Date: September 8, 2024 Property Description: Tract One: A FIELD NOTES DESCRIPTION OF A PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT IN THE STERRETT D. SMITH LEAGUE SURVEY, ABSTRACT 210, IN BRAZOS COUNTY, TEXAS, OVER, ACROSS, AND UPON LOTS 2-5, BLOCK 25, SOUTHERN POINTE SUBDIVISION SECTION 200 FILED IN VOLUME 17135, PAGE 211 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 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" on the southwest right-of-way of Darlington Avenue (50' wide right-of-way, 17135/211 OPRBCT) marking the east corner of said Lot 1, Block 25 and the north corner of Lot 2, Block 25, from which the City of College Station monument CS94-154 bears S 81 ° 34' 04" E a distance of 6,070.04 feet; THENCE, with said right-of-way and the northeast lines of said Lot 2, S 360 44' 50" E a distance of 7.42 feet; THENCE, over, across, and upon said Lot 2, S 08' 12' 32" W a distance of 32.06 feet to an angle point; THENCE, over, across, and upon said Lots 2-4, S 360 44' 50" E a distance of 77.80 feet to an angle point; THENCE, over, across, and upon said Lot 4, S 81 ° 44' 50" E a distance of 32.03 feet to a point on said southwest right-of-way and a north line of said 20' wide public utility easement; THENCE, with said right-of-way, S 36' 44' 50" E passing at a distance of 19.45 feet a 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" and continuing for a total distance of 28.28 feet; THENCE, over, across, and upon said Lots 5 and 4, N 81 ° 44' 50" W a distance of 60.32 feet to an angle point; THENCE, over, across, and upon said Lots 4, 3, and 2, N 360 44' 50" W a distance of 94.36 feet to an angle point; THENCE, over, across, and upon said Lot 2, N 080 12' 32" E a distance of 30.84 feet to a point on the northwest line of said Lot 2 and the southeast line of said Lot 1; THENCE, with the common line of said Lots 1 and 2, N 530 15' 10" E a distance of 20.86 feet to the POINT OF BEGINNING hereof and containing 0.077 of an acre (3351 sq. ft.) more or less. Tract Two: A FIELD NOTES DESCRIPTION OF A PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT IN THE STERRETT D. SMITH LEAGUE SURVEY, ABSTRACT 210, IN BRAZOS COUNTY, TEXAS, OVER, ACROSS, AND UPON LOT 1, BLOCK 25, SOUTHERN POINTE SUBDIVISION SECTION 200 FILED IN VOLUME 17135, PAGE 211 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 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" on the southwest right-of-way of Darlington Avenue (50' wide right-of-way, 17135/211 Page 204 of 267 OPRBCT) marking the east corner of said Lot 1, Block 25 and the north corner of Lot 2, Block 25, from which another 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" bears S 36' 44' 50" E a distance of 50.00 feet; for reference the City of College Station monument CS94-154 bears S 81 ° 34' 04" E a distance of 6,070.04 feet; THENCE, with the common line of said Lots 1 and 2, Block 25, S 530 15' 10" W a distance of 20.86 feet; THENCE, over, across, and upon said Lot 1, with the west line of said 20' wide public utility easement, N 080 12' 32" E a distance of 29.52 feet to a point on said southwest right-of-way; THENCE, with said right-of-way and the northeast S 360 44' 50" E a distance of 20.89 feet to the POINT OF BEGINNING hereof and containing 0.005 of an acre (218 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: BV Southern Pointe Development, Inc., a Texas Corporation; Southern Pointe, LLC - as to Tract One Vesting Deed to owners shown herein was dated February 21, 2020 and recorded in Volume 15871, Page 20, Official Records, Brazos County, Texas. (Tract One) Brightland Homes, Ltd. - as to Tract Two Vesting Deed to owners shown herein was dated August 14, 2024 and recorded in Volume 19397, Page 1, Official Records, Brazos County, Texas. (Tract Two) Subject to: Deed of Trust to secure a Note: Grantor: Southern Pointe, LLC Trustee: Ivan M. Olson Beneficiary: First Financial Bank, N.A. Amount: $12,000,000.00 Dated: October 14, 2020 Recorded: Volume 16446, Page 22, and corrected in Correction Affidavit recorded July 14, 2021 in Volume 17179, Page 89, Official Records, Brazos County, Texas. (Tract One) Assignment of Rights under Construction Contract and Subdivision Agreement: By: First Financial Bank, N.A. Dated: October 14, 2020 Recorded: Volume 16446, Page 84, Official Records, Brazos County, Texas. Assignment of Rights under Construction Contract and Subdivision Agreement: By: First Financial Bank, N.A. Dated: October 14, 2020 Recorded: Volume 16446, Page 109, Official Records, Brazos County, Texas. Assignment (Brazos County Municipal Utility District No. 1): By: First Financial Bank, N.A. Dated: October 14, 2020 Recorded: Volume 16446, Page 134, Official Records, Brazos County, Texas. Deed of Trust to secure a Note: Grantor: BV Southern Pointe Development, Inc. Trustee: Mike Gentry Beneficiary: Southern Pointe, LLC Amount: $1,789,725.00 Dated: October 14, 2020 Recorded: Volume 16450, Page 264, Official Records, Brazos County, Texas. (Tract One) Subordination Agreement recorded October 14, 2020, in Volume 16450, Page 278, Official Records, Brazos County, Texas. The subject property appears to lie within the Brazos County Municipal Utility District No.1. 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. Page 205 of 267 We will require a Tax Certificate for Brazos County Municipal Utility District No.1 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.) Per Contract Amendment: 1. Seller to convey title to the surface of each subject lot; 2. Seller to reserve water rights; 3. Seller to receive rebates or licenses and Grantor's rights to receive all reimbursements from any applicable municipal utility district, drainage district or from any other governmental or reimbursing entity, including without limitation the Brazos County Municipal Utility District No. 1; 4. Right of Repurchase. Restrictions: Volume 17135, Page 211 (on plat); Volume 12656, Page 190; Volume 17931, Page 78; Volume 17979, Page 288; Volume 18255, Page 86; Volume 18256, Page 5; Volume 18257, Page 108; Volume 18267, Page 108; Volume 18332, Pages 181 and 207; Volume 18363; Page 194; Volume 18424, Page 21; Volume 18868, Page 272 and Volume 19246 Page 266 Official Records, Brazos County, Texas. Exceptions: Easements and Building Lines as set out on plat recorded in Volume 17135, Page 211, Official Records, Brazos County, Texas. Building Lines as set out in restrictions recorded in Volume 12656, Page 190, Official Records, Brazos County, Texas. Easements and Building Lines as set out in restrictions recorded in Volume 18256, Page 5, Official Records, Brazos County, Texas. Maintenance Charges and the Lien securing the payment of same, as set out in restrictions recorded in Volume 18256, Page 5 of the Official Records of Brazos County, Texas. Covenants, conditions and restrictions and other instruments recorded in Volume 18256, Page 5, 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. Easement: From: Phillips 3 Land Holdings, LLC To: Entergy Texas Inc. Dated: April 17, 2023 Recorded: Volume 18685, Page 29, Official Records, Brazos County, Texas. Rights of Ingress and Egress retained in Partial Release: Dated: September 23, 2016 Recorded: Volume 13644, Page 17, Official Records, Brazos County, Texas. Terms, conditions, stipulations and building line as set out in the Development Agreement by and between: Parties: McAlister Opportunity Fund 2012, L.P., a Delaware limited partnership, its successors and assigns and The City of College Station, Texas Dated: March 12, 2015 Recorded: Volume 12656, Page 190, Official Records, Brazos County, Texas. Terms, conditions and stipulations in the Order Granting the Petition for Creation of Brazos County Municipal Utility District No. 1 and appointing temporary directors: Parties: Texas Commission of Environmental Quality and The Public Dated: January 14, 2015 Recorded: Volume 12483, Page 207, Official Records, Brazos County, Texas. Information Form of Brazos County Municipal Utility District No. 1: To: The Public Dated: January 29, 2015 Recorded: Volume 12669, Page 37, Official Records, Brazos County, Texas; Amended: Dated: December 1, 2017 Recorded: Volume 14393, Page 265, Official Records, Brazos County, Texas; Amended: Dated: August 27, 2020 Recorded: Volume 16349, Page 133, Official Records, Brazos County, Texas; Amended: Dated: September 14, 2020 Recorded: Volume 16356, Page 137, Official Records, Brazos County, Texas; Page 206 of 267 Amended: Dated: February 8, 2023 Recorded: Volume 18462, Page 182, Official Records, Brazos County, Texas; Amended: Dated: August 11, 2023 Recorded: Volume 18788, Page 177, Official Records, Brazos County, Texas; Amended: Dated: January 22, 2024 Recorded: Volume 19019, Page 173, Official Records, Brazos County, Texas. Terms, conditions and stipulations in the Waiver of Special Appraisal for Benefit of Brazos County Municipal Utility District No. 1 Agreement by and between: Parties: Brazos County Municipal District No. 1 and McAlister Opportunity Fund 2012, L.P. Dated: November 18, 2016 Recorded: Volume 13744, Page 148, Official Records, Brazos County, Texas. Terms, conditions and stipulations in the Partial Assignment and Assumption of Development Agreement by and between: Parties: McAlister Opportunity Fund, 2012 and Greens Prairie Investors, LTD. Dated: November 28, 2016 Recorded: Volume 13809, Page 78, Official Records, Brazos County, Texas. Notice to Purchasers: By: McAlister Opportunity Fund 2012, LTD. To: Greens Prairie Investors, Ltd. Dated: November 29, 2016 Recorded: Volume 13737, Page 45, and corrected in Volume 13792, Page 202, Official Records, Brazos County, Texas. Notice to Purchasers: From: Southern Pointe Development, Inc. To: The Public Dated: July 9, 2021 Recorded: Volume 17353, Page 235, Official Records, Brazos County, Texas. Statutory Notice to Purchasers of Real Property: By: BV Southern Pointe Development, Inc. To: Brightland Homes, Ltd. Dated: August 2, 2024 Recorded: Volume 19370, Page 100, Official Records, Brazos County, Texas. (to be executed and recorded at closing) (Tract Two) Statutory Notice to Purchasers of Real Property: By: BV Southern Pointe Development, Inc. To: Brightland Homes, Ltd. Dated: August 14, 2024 Recorded: Volume 19397, Page 8, Official Records, Brazos County, Texas. (to be executed and recorded at closing) (Tract Two) Terms, conditions and stipulations in the License and Memorandum Agreement by and between: Parties: Homeowners' Association of Southern Pointe, Inc. and PM Fiber LLC Dated: July 2, 2019 Recorded: Volume 15434, Page 69, and refiled in Volume 15435, Page 250, Official Records, Brazos County, Texas. Terms, conditions and stipulations in the Southern Pointe Exclusive Easement and License Agreement by and between: Parties: PM Fiber, LLC, aka PM Utilities Company; BV Southern Pointe Development, Inc.; McAlister Opportunity Fund 2012, L.P.; and Southern Pointe, LLC Dated: December 1, 2018 Recorded: Volume 15555, Page 269, Official Records, Brazos County, Texas. Terms, conditions and stipulations in the Partial Assignment and Assumption of Development Agreement by and between: Parties: Greens Prairie Investors, Ltd. and Southern Pointe, LLC Dated: December 13, 2018 Recorded: Volume 15446, Page 46, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Partial Assignment and Assumption of Development Agreement by and between: Parties: Southern Pointe, LLC and BV Southern Pointe Development, Inc, Dated: October 14, 2020 Recorded: Volume 17854, Page 79, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Partial Assignment and Assumption of Development Agreement by and Page 207 of 267 between: Parties: Southern Pointe, LLC and Phillips 3 Land Holdings, LLC Dated: December 3, 2021 Recorded: Volume 17854, Page 89, Official Records, Brazos County, Texas. Southern Pointe Exclusive Easement and License Agreement: Parties: PM Fiber, LLC aka PM Utilities Company, BV Southern Pointe Development, Inc., McAlister Opportunity Fund 2012, L.P. and Southern Pointe, LLC Dated: December 1, 2018 Recorded: Volume 15555, Page 269, Official Records, Brazos County, Texas. Water Rights reserved in Deed: By: Southern Pointe, LLC To: BV Southern Pointe Development, Inc., a Texas corporation Dated: October 12, 2020 Recorded: Volume 16450, Page 256, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (to be included in vesting deed) Rights reserved in Deed: By: Southern Pointe, LLC To: BV Southern Pointe Development, Inc., a Texas corporation Dated: October 12, 2020 Recorded: Volume 16450, Page 256, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (to be included in vesting deed) 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 208 of 267 ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.077 ACRE PORTION OF THE 20-FOOT-WIDE PUBLIC UTILITY EASEMENT, SAID PORTION LYING OVER, ACROSS, AND UPON LOTS 2, 3, 4 & 5, BLOCK 25 OF THE SOUTHERN POINTE SUBDIVISION, SECTION 200, ACCORDING TO THE EASEMENT RECORDED IN VOLUME 14600, PAGE 73 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 0.077 acre portion of the 20-Foot-Wide Public Utility Easement, said portion lying over, across, and upon Lots 2, 3, 4, & 5, Block 25, of the Southern Pointe Subdivision, Section 200, according to the instrument recorded in Volume 14600, Page 73, of the Official Public 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. Page 209 of 267 ORDINANCE NO. Page 2 of 6 PASSED, ADOPTED and APPROVED this day of , 20_ ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Ordinance Form 8-14-17 Page 210 of 267 ORDINANCE NO. Page 3 of 6 Exhibit "A Ordinance Form 8-14-17 Page 211 of 267 i ..61...................... F... MICMEL KONETSKII 6531 SCALE.1" = 20" Q w + I � LOT I GLCICK 25 \ e 'rki \ Go cm 2z LOT 2 BLOCK 25 LEGEND; OROLT = EEM RECON05UERAZIM COUNTY, TBAS ORBIT= OFFICIAL RECORDS OF BRAAZOSCOUNTV, TW5 OPRBET = OFFICIIAL PUBLICREEDRB5 OFBwOSCOuNTY,Tms 123145E - WOLIJME AND PALE FRW PUBLICUWMTYRECB11B5 N1F = NMN OR FORM ERLY [ I = RECDRB INFOWAT40N El ■ ELECTAIfAI EASMENT PTIE = W B1X TRICKY EA�SFNIFM k p lAICHAEL I�ONETSdp �f� REGISTEREDPROFES5IOM e LOT] ElWCH 25 I i LANE 5URVEYO R NO.60 I POINT OF BEGINNING T V2 INCH IRON ROO FOUND1CMj WETR AEn PLASTIECAP STAMPED "JONE5 AND[ARTER' GENERAL NOTES BEARING 5Y5TEM SHOWN HEREON 15 BA5E0 ON THE TEXAS STATE PLANE CENTRAL ZONE GRID NORTH AS ESTABLISHED FROM GPS OBSHVAT)OH. 8FAR5 DISTANCES SHOWN HEREON ARE SURFACE OISTANKE5 UNLESS OTHERWISE NOITEIO. tD ODTAIN GRID DISTANL'ES [NOT ARPASI MULTIPLY BY A COMBINED SCALE FACTOR OF 0,9999059410912I{ALCULATED USING GEOIU1281i. (CM) INDICATES CONTROLLING MONUMEW FOUND AND U5ED TO ESTABLISH PROPERTY BOUNDARla SURVEY EXHIBIT OF A PORTMN OF A 20' WIDE P1IBLIC UTILITY EASEMENT VOLUME 1450U, PAGE 73. OPNEICT OVER, ACROSS, AND U PON LOTS 2-5, BLOCK 25 SOUTHERN POINTE 5EC711311200 VOLUME 17135, PAGE211, OPRBCT STERRETT D. SMITH LEAGUE SURVEY. A05TRALT No. 21U BRAZOS COUNTY, TEXAS ClTy�C 5ZATfom 1CJAfW L594-154 �Rfb34�-� 607p,�p - S 36m44'5IJ E 7.42' 5CALE: I INCH = 20 FEEF 5URVEK DATE! 2021 F 2K% I RAT CATE: 0MMK% JOB #:WNSIGI0NAM E:24-10%-5Feleaae20'PUELn12-5 *ut POINT FILE; SDUNE NNPOINTE5LIRMIT [iumlj;21.65 *bJ f uF1AN91NY:TIF OHE[XEOBY: MI[ FAEPANO BY-IIERp�UMINE.tLC "Wllenan2 ar�onstand� p T10PELSFHMS1uulA50 1h$ 91iIdRCRfSroRluE.BRr6N, rEI1A572662 to gaineyff wnthef.lhe PHONE: [91912158-3195 facKncrhelimumed" iUF EYS KEOR56F4ErilF6.NETIIORRL{uIBSI1OONGCBM THI5 SURVEY EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, EASEMBT5 AND OTHER MATTERS MAYAPPLY, + THIS SURVEY REFLU75 THE EASEMENT PURTION ONLY, ADDITIONAL ray IMPRI]UEMERS MAY EXI 57 AND WERE HOT LOkli TEO AT THE TIME Of THIS cc +ten SURVEY, TH15 PLAT WAS PREPARED IN WNIUN00N 1WCTH FIELD NOTES DESCRIPTIONS [METES AND 80005). THE PLAT ANO FIELD NUTE5 ARE INTENDED TO BE ONE INSTRUMENTTOGETHER, 20' WI DE PUBLIC UTILITY EASEMENT (1�f�pL11� QPROL7j '�� � `43 50rVeRN PffN?F SEC90MU (fJi 2A ~v 'D POR77ON OF KY WIDE PUBLIC UTILITY EMEM 9ff CI-IJT7 ACRE 93515Q- F1'-) F rWrFrH CH IF, J 4 ROU f r7I,hll (Y VI LOT # EID PtASTIt CAP STAMPEC - — 6LOLK2S 'JONE5 AND CARTER., T4 $1044'SQ vv 60.32, LOT S ' DLOCK6 11 P a g e , Page 212 of 267 K ERR FIELD NOTES DESCRIPTION 1 `-5URitE ING OF PORTION OF A 20' WIDE PUBLIC UTILITY EALSEMENT CROS51NG LOTS 2-5, SLOCK 25, SOUTHERN P01NTE 5UBDIVISION SECTION 200 STERRETT 0. SMITH LEAGUE SURVEY, ABSTRACT 210 BUZ05 COUNTY. TEXAS AFIELD NOTES DESCRIPTION OF A PORTION OF A 20' WIDEPUBLIC UTILITY EASEMENT IN THE STERRETf 0_ SMITH LEAGUE SURVEY, ABSTRACT 210, IN BRAZOS COUNTY, TEXAS, SAID EASEMENT RECORDED IN VOLUME 14600, PAGE 73 OF THE OFFICIAL PUBLIC !RECORDS OF BRAZOS COUNTY, TEXA5 (OP AR(T)t BEING OVER, ACROSS, AND UPON LOTS 2-5, BLOCK 25, SOUTHERN POINTE SUBDIVISION SECTION 2UD FILED IN VOLUME 17135, PAGE 211 (0PRO CTJ; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AN 0DUN DS AS F0LLOW5; REGINHING at a 112 inch iron rod found with red plastic cap stamped "!ONES AND CARTER" on the southwest right-of-way of Darlington AvE?nue (50' wide right-of-way,17135/211 OPRB(T) marking the east corner of said Lot 1, Block 25 and the north corner of Lot 2, Block 25. from which the f ity of College Station monument C534- 154 hears S 8V 34' 04" E a distance of 6,070.U4 feet; THENCE, with said righr•of-way and the northeast lines of said Lot 2, S36' 44' 50' E a distance of 7.42 feet; THENCE, over, across, and upon said Lot 2, 5 OB' 12' 32" W a distance of 32.06 fleet to an angle point; THENCE, aver, across, and upon said Lots 2-4. S 36" 44' 50" E a distance of 77_00 feet to an angle paint; THENCE, over, across, and upon said Lot 4, 5 B10 44' 50' E a distance of 32.03 feetto a point on said southwest right -of -wag and a north line of said 20' wide public utility easement; THENCE, with said right-of-way, 5 36' 44' 50" E passing at a distance of 19.45 feet a 112 inch iron rod found with red plastic tap stamped "JONES AND CARTER" and continuing for a total distance of 20,20 feet; THENCE., aver, across, and upon said Lots 5 and 4, N 81' 44' 50" W a distance of 60.32 feet to an angle point; THENCE, over, across, and upon said Lots 4, 3, and 2, N 360 44' SO" W a distance of 94.36 feet to an angle point; 2 1 P a I 24-1006 h+IE& PUE Lat2-5.d0cx (file name) rz3,.z�ro, LEI N THENCE, over, across, and upon said Lot 2, N 09' 12' 32" E a distance of 10,04 feet to a point on the northwest line of said Lot 2 and the southeast line of said Lot 1, THENCE, with the cflmmon line of said Lots 1 and 2. N 53' 15' 10" E a distance of 20.9h feet to the POINT OF BEGINNING hereof and containing 0,077 of an acre 13351 sq, ftj mare or less. Surveyed on the ground in 2021 and 2024 under my supervision. See exhibit prepared August 2024 for other information. The bearing basis for this survey is based on the Texas State Plane Coordinate System of 1933 (NA083), Central Zone, Grid hlarth as established from GPS observation. Distances described herein are surface distances. To obtain grid distances (not grid areas) multiply bg a combined scale factor of 0.9999059410912 (calculated using 6E010120)_ Reference drawing- 24-1006-5 Release 20° PUC Lot2-5_dwg • FYFFV!'� �tiJL1��ti7� Michael Konetski Registered Professional Land Surveyor No, 6531 Revised 10 29-2924 to reference eoserpenf.- /4 600 7J OPR9CT KERR SURVEYING Kerr Surveying, LLC 11718 Briarcrest ar. Bryan. TX 77802 Office: (979) 268-3195 i Web: www.kerrlandsurvewino-cc m 5urv_eys5kerrsurvey9g.net I TOPELS Firm No.10010500 3 1 P a I e 24-10Ub WiBS PUE Lot2-5.docx(file name) uy u, November 25, 2024 Item No. 9.2. 6100 Darlington Ave Public Utility Easement Abandonment Sponsor: Lucas Harper Reviewed By CBC: City Council Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 0.005-acre portion of a 20-foot-wide public utility easement located over, across, and upon Lot 1, Block 25 of the Southern Pointe Subdivision, Section 200, Brazos County, Texas, according to the Easement recorded in Volume 14600, Page 73 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 as a result of a desire to construct residential homes on lots that are currently occupied by a shared drive and parking for model homes located in the subdivision. The originally dedicated easement was not utilized by utilities and a separate public utility easement (PUE) has been dedicated along the right- of-way frontage to serve existing and future utilities. The existing 50-foot-wide right-of-way of Darlington Avenue will also remain in place to provide access and utilities to the lots. The utility easement is located approximately 120 feet southeast of the intersection of Southern Pointe Parkway and Darlington Avenue, extending across the east corner of Lot 1, Block 25 of the Southern Pointe Subdivision, Section 200, also currently known as 6100 Darlington Avenue. Budget & Financial Summary: N/A Attachments: 1. Vicinity Map 2. Location Map 3. Application 4. Ordinance - Southern Pointe Page 215 of 267 VICINITY MAP 6100 DARLINGTON AVE i 0/ 0.01 OA1 0.03 Miles his product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes It does not represent an on -the -ground survey and represents only the approximate relative Vo warranty is made by the Citv of Collage Station regardrno specific accuracv or completeness NA of propery hourdaries Page 216 of 16 0 LOCATION MAP QP� Qo�P�E 5 w PORTION OF A 20' WIDE PUE TO BE ABANDONED 0.005 ACRES k Lot 1 V \ 'his product is for informational pur and may not have been prepared for or be suitable for legal, Jo warranty is made by the Citv of Station regarding Specific accuracy or completeness Lot,1 It NORTH \1I FOR OFFICE USE ONLY CASE NO.: DATE SUBMITTED: TIME: STAFF: ABANDONMENT OF PUBLIC RIG HT-OF-WAYIEASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ❑X 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. ❑X All exhibits processed (except for Exhibit No. 4, which will be processed by staf). 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. X❑ 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): 6100 Darlington Avenue, College Station, TX 77845, Southern Pointe Subdivision Section 200, Block 25, Lot 1 APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Schultz Engineering LLC - Ricky Flores Street Address 911 Southwest Parkway City College Station Phone Number 979-764-3900 E-mail ricky@schultzeng.com State Tx Zip Code 77840 Fax Number 979-764-3910 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name Brightland Homes, LTD E-mail Street Address: 15725 N. Dallas Parkway, Suite 300 City Addison State Texas Zip Code 75001 Phone Number 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 appI' r power of attorney. If the owner is a company, the application must be accompanied by p authority for company's representative to sign the application on its behalf. Signature a title Date 3/18 Page 1 of 8 Page 218 of 267 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 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: Name Street Address City State Reason consent was not obtained: If objecting, points of objection: E-mail E-mail E-mail Zip Code Zip Code Zip Code 3/18 Page 2 of 8 Page 219 of 267 7. That the abandonment will not result in property that does not have access to public roadways or utilities because: 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: The easement was for a waterline that has since been removed and relocated. 9. That there is no anticipated future public need or use for the easement or right-of-way because: This property has easements along the adjacent roadway and the rear of the lot. 10. That all public utilities have access to serve current and future customers because: 'Existing public utilities are in place to serve these adjacent lots and no future utilities are needed. 11. Such public right-of-way/easement 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. r_. J— Sign itie STATE OF TEXAS ACKNOWLEDGEMENT COUTY OF BRAZOS Date Subscribed and sworn to before me, a Notary Public, this 30h" day of _Syc& +t»f+.., TERRA PAYNE PV$i" Notary Public, State of Texas ; rt Comm, Expires 10-06-2027 Notary ID 134532118 , ` h _pfir Notary Uric m and for ' the State of Texas -2,909 by Page 3 of 8 Page 220 of 267 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 221 of 267 r& <K E R R FIELD NOTES DESCRIPTION SURVEYING oFA PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT CROSSING LOT 1, BLOCK 25, SOUTHERN POINTE SUBDIVISION SECTION 200 STERRETT D. SMITH LEAGUE SURVEY, ABSTRACT 210 BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF A PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT IN THE STERRETT D. SMITH LEAGUE SURVEY, ABSTRACT 210, IN BRAZOS COUNTY, TEXAS, SAID EASEMENT RECORDED IN VOLUME 14600, PAGE 73 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT), BEING OVER, ACROSS, AND UPON LOT 1, BLOCK 25, SOUTHERN POINTE SUBDIVISION SECTION 200 FILED IN VOLUME 17135, PAGE 211 (OPRBCT); SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" on the southwest right-of-way of Darlington Avenue (50' wide right-of-way, 17135/2110PRBCT) marking the east corner of said Lot 1, Block 25 and the north corner of Lot 2, Block 25, from which another 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" bears S 36' 44' 50" E a distance of 50.00 feet; for reference the City of College Station monument CS94-154 bears S 81' 34' 04" E a distance of 6,070.04 feet; THENCE, with the common line of said Lots 1 and 2, Block 25, S 53" 15' 10" W a distance of 20.B6 feet; THENCE, over, across, and upon said Lot 1, with the west line of said 20' wide public utility easement, N OB° 12' 32" E a distance of 29.52 feet to a point on said southwest right-of-way; 2 1 P a 9 e 24-1006 M£rBs PUE Lot1.docx (file name) rt a THENCE, with said right-of-way and the northeast line of said Lot 1, Block 25, 5 360 44' 50" E a distance of 20.89 feet to the POINT OF BEGINNING hereof and containing 0.005 of an acre (218 sq. ft.) more or less. Surveyed on the ground in 2021 and 2024 under my supervision. See exhibit prepared August 2024 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. Distances described herein are surface distances. To obtain grid distances (not grid areas) multiply by a combined scale factor of 0.9999059410912 (calculated using GEOIDI2B). Reference drawing: 24-1006-S Release 20' PUE Lotl.dwg F ..................... MICHAEL KONETSKI 40 11/6/24 Michael Konetski Registered Professional Land Surveyor No. 6531 Revised 10-29-2024 to reference ea5ement.-14600173 0PR8CT and add reference to lot line and 11-6-2024 to correct lot reference. ;III lokkyj *A j Kerr Surveying, LLC 11718 Briarcrest Dr. Bryan, TX 77802 Office: (979) 268-31951 Web: www.kerriandsurveuina.com Surveus(a@kerrsurveuina.net I TBPELS Firm No.10018500 3 1 P a g e 24-1006 MGBs PUE Lotl.docx (file name) 1 C1 C. LLJ Uf LUI 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 224 of 267 f, ...%........ .............. :... MICHAEL KONETSKI SCALE:1" = 20' 20' \ W `r0, \ FU ", rn F \ N cr) ° \ N ` LOT o �\ BLOCK 25 1e I I I I _I Z9Iz� MICHAEL KONETSKI REGISTERED PROFESSIONAL LAND SURVEYOR NO.6531 I \ I \ POINT OF BEGINNING I 112INCH IRON ROD FOUND (CM) r WITH RED PLASTIC CAP STAMPED "JONES AND CARTER" SURVEY EXHIBIT OFA PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT VOLUME 14600, PAGE 73, OPRBCT OVER, ACROSS, AND UPON LOT 1, BLOCK 25 SOUTHERN POINTE SECTION 200 VOLUME 17135, PAGE 211, OPRBCT STERRETT D. SMITH LEAGUE SURVEY, ABSTRACT No. 210 BRAZOS COUNTY, TEXAS SCALE:1 INCH = 20 FEET SURVEY DATE:20215 2024 1 PLAT DATE: 08-30-2024 `pG JOB #: 24-10061 CAD NAME:24-1006-S Release 20' PUE Lot UR E I N6 POINT FILE: SOUTHERN POINTE SURFACE (cont); 21-655 (job) DRAWN BY: TJF CHECKED BY: MK PREPARED BY:KERR SURVEYING,LLC "When one person stands TBPELS FIRM#10018500 to gain over another, the 1718 BRIARCREST DRIVE, BRYAN, TEXAS 77802 PHONE: (979) 268-3195 facts must be uncovered" SURVEYS@KERRSURVEYING.NETIKERRLANDSURVEYING.COM GENERAL NOTES ` BEARING SYSTEM SHOWN HEREON IS BASED ON THE TEXAS STATE PLANE CITY OF COLLEGE STATION \ MONO \ CENTRAL ZONE GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. MENT CS94-154 BEARS `\ DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE S 81'34'04" E 6,070.04' \ NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) MULTIPLY BY A COMBINED SCALE FACTOR OF 0.9999059410912 (CALCULATED USING GEOIDI2B). � 2°•` I sue' °F �'ti PORTION OF 20' WIDE I — PUBLIC UTILITY EASEMENT I 0.005 ACRE (218 SQ. FT.) (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. THIS SURVEY EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. EASEMENTS AND OTHER MATTERS MAY APPLY. THIS SURVEY REFLECTS THE EASEMENT PORTION ONLY. ADDITIONAL IMPROVEMENTS MAY EXIST AND WERE NOT LOCATED AT THE TIME OF THIS SURVEY. THIS PLAT WAS PREPARED IN CONJUNCTION WITH FIELD NOTES DESCRIPTIONS (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TO BE ONE INSTRUMENT TOGETHER. 112 INCH IRON ROO FOUND (CM) WITH RED PLASTIC CAP STAMPED \ "JONES AND CARTER" 't \ LOT 2 BLOCK 25 \ \ \ 20' WIDE PUBLIC UTILITY EASEMENT 5011THERNPOINTE \\ \\ \ (14600/73 OPRBCT) SECT/ONI00 \ (1715512110PRBCT) LOT 3 BLOCK 25 \ \\ \\00 \\ LEGEND: \\ \ \ DRBCT = DEED RECORDS OF BRAZOS COUNTY, TEXAS \ \ \ OOQ 1 ORBCT = OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS \\ ✓\ \ \\ OQ OPRBCT = OFFICIAL PUBLIC RECORDS \ \ _ _Nz— — OF BRAZOS COUNTY, TEXAS \ 123/456 = VOLUME AND PAGE FROM \ PUBLIC COUNTY RECORDS \ N/F = NOW OR FORMERLY () = RECORD INFORMATION EE = ELECTRICAL EASEMENT REV15ED 10-29-2024 TOAOONORTH ARROW, 51ALEBAR, ANOPLAT REFERENCES \ \ \ LOT \ --- BLOCK 25 i \ LOT5 BLOCK 25 I PUE = PUBLIC UTILITY EASEMENT r' I- age UI� 67 Application for Abandonment of a Public Right-of-Way/Easement Location: 6100 Darlington Avenue 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:' re'r' VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: 3148 Page 6 of 8 Page 226 of 267 Application for Abandonment of a Public Right-of-Way/Easement Location: 6100 Darlington Avenue C* i ffl- ESIWSMI 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 8y: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title:-��rvw{ow �.yr.►�lr►�+�t►r�+.� 11. 7. laz y BRYAN TEXAS UTILITIES By: Title: 3/18 Page 6 of 8 Page 227 of 267 Application for Abandonment of a Public Right-of-Way/Easement Location: 6100 Darlington Avenue EXHIBIT NUJ. 1. 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: TD+1 r �.r fit -TELEPHONE COMPANY By: j%4tL/C . - Title: QS/U E— !)A e -ee SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: 3/18 Pago 6 of 0 Page 228 of 267 Application for Abandonment of a Public Right-of-Way/Easement Location: 6100 Darlington Ave. 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 from the standpoint of City of College Station ordinances and with respect to present 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 e� vloF. tric Dep men ��iv/mazy i of College Sta ion Public Works Director City of College Station 09/24/2024 Building Official City of College Station Fire Marshal City of College Station Water Services Department City of College Station Page 7 of 8 Page 229 of 267 Application for Abandonment of a Public Right-of-Way/Easement Location: 6100 Darlington Avenue 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: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 3/18 1 Print Form I Page 8 of 8 Page 230 of 267 LINIVERSI'Ty TITLE COMPANY TITLE REPORT CF No.: 2404841CS Certification Date: September 8, 2024 Property Description: Tract One: A FIELD NOTES DESCRIPTION OF A PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT IN THE STERRETT D. SMITH LEAGUE SURVEY, ABSTRACT 210, IN BRAZOS COUNTY, TEXAS, OVER, ACROSS, AND UPON LOTS 2-5, BLOCK 25, SOUTHERN POINTE SUBDIVISION SECTION 200 FILED IN VOLUME 17135, PAGE 211 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 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" on the southwest right-of-way of Darlington Avenue (50' wide right-of-way, 17135/211 OPRBCT) marking the east corner of said Lot 1, Block 25 and the north corner of Lot 2, Block 25, from which the City of College Station monument CS94-154 bears S 81 ° 34' 04" E a distance of 6,070.04 feet; THENCE, with said right-of-way and the northeast lines of said Lot 2, S 360 44' 50" E a distance of 7.42 feet; THENCE, over, across, and upon said Lot 2, S 08' 12' 32" W a distance of 32.06 feet to an angle point; THENCE, over, across, and upon said Lots 2-4, S 360 44' 50" E a distance of 77.80 feet to an angle point; THENCE, over, across, and upon said Lot 4, S 81 ° 44' 50" E a distance of 32.03 feet to a point on said southwest right-of-way and a north line of said 20' wide public utility easement; THENCE, with said right-of-way, S 36' 44' 50" E passing at a distance of 19.45 feet a 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" and continuing for a total distance of 28.28 feet; THENCE, over, across, and upon said Lots 5 and 4, N 81 ° 44' 50" W a distance of 60.32 feet to an angle point; THENCE, over, across, and upon said Lots 4, 3, and 2, N 360 44' 50" W a distance of 94.36 feet to an angle point; THENCE, over, across, and upon said Lot 2, N 080 12' 32" E a distance of 30.84 feet to a point on the northwest line of said Lot 2 and the southeast line of said Lot 1; THENCE, with the common line of said Lots 1 and 2, N 530 15' 10" E a distance of 20.86 feet to the POINT OF BEGINNING hereof and containing 0.077 of an acre (3351 sq. ft.) more or less. Tract Two: A FIELD NOTES DESCRIPTION OF A PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT IN THE STERRETT D. SMITH LEAGUE SURVEY, ABSTRACT 210, IN BRAZOS COUNTY, TEXAS, OVER, ACROSS, AND UPON LOT 1, BLOCK 25, SOUTHERN POINTE SUBDIVISION SECTION 200 FILED IN VOLUME 17135, PAGE 211 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 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" on the southwest right-of-way of Darlington Avenue (50' wide right-of-way, 17135/211 Page 233 of 267 OPRBCT) marking the east corner of said Lot 1, Block 25 and the north corner of Lot 2, Block 25, from which another 1/2 inch iron rod found with red plastic cap stamped "JONES AND CARTER" bears S 36' 44' 50" E a distance of 50.00 feet; for reference the City of College Station monument CS94-154 bears S 81 ° 34' 04" E a distance of 6,070.04 feet; THENCE, with the common line of said Lots 1 and 2, Block 25, S 530 15' 10" W a distance of 20.86 feet; THENCE, over, across, and upon said Lot 1, with the west line of said 20' wide public utility easement, N 080 12' 32" E a distance of 29.52 feet to a point on said southwest right-of-way; THENCE, with said right-of-way and the northeast S 360 44' 50" E a distance of 20.89 feet to the POINT OF BEGINNING hereof and containing 0.005 of an acre (218 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: BV Southern Pointe Development, Inc., a Texas Corporation; Southern Pointe, LLC - as to Tract One Vesting Deed to owners shown herein was dated February 21, 2020 and recorded in Volume 15871, Page 20, Official Records, Brazos County, Texas. (Tract One) Brightland Homes, Ltd. - as to Tract Two Vesting Deed to owners shown herein was dated August 14, 2024 and recorded in Volume 19397, Page 1, Official Records, Brazos County, Texas. (Tract Two) Subject to: Deed of Trust to secure a Note: Grantor: Southern Pointe, LLC Trustee: Ivan M. Olson Beneficiary: First Financial Bank, N.A. Amount: $12,000,000.00 Dated: October 14, 2020 Recorded: Volume 16446, Page 22, and corrected in Correction Affidavit recorded July 14, 2021 in Volume 17179, Page 89, Official Records, Brazos County, Texas. (Tract One) Assignment of Rights under Construction Contract and Subdivision Agreement: By: First Financial Bank, N.A. Dated: October 14, 2020 Recorded: Volume 16446, Page 84, Official Records, Brazos County, Texas. Assignment of Rights under Construction Contract and Subdivision Agreement: By: First Financial Bank, N.A. Dated: October 14, 2020 Recorded: Volume 16446, Page 109, Official Records, Brazos County, Texas. Assignment (Brazos County Municipal Utility District No. 1): By: First Financial Bank, N.A. Dated: October 14, 2020 Recorded: Volume 16446, Page 134, Official Records, Brazos County, Texas. Deed of Trust to secure a Note: Grantor: BV Southern Pointe Development, Inc. Trustee: Mike Gentry Beneficiary: Southern Pointe, LLC Amount: $1,789,725.00 Dated: October 14, 2020 Recorded: Volume 16450, Page 264, Official Records, Brazos County, Texas. (Tract One) Subordination Agreement recorded October 14, 2020, in Volume 16450, Page 278, Official Records, Brazos County, Texas. The subject property appears to lie within the Brazos County Municipal Utility District No.1. 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. Page 234 of 267 We will require a Tax Certificate for Brazos County Municipal Utility District No.1 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.) Per Contract Amendment: 1. Seller to convey title to the surface of each subject lot; 2. Seller to reserve water rights; 3. Seller to receive rebates or licenses and Grantor's rights to receive all reimbursements from any applicable municipal utility district, drainage district or from any other governmental or reimbursing entity, including without limitation the Brazos County Municipal Utility District No. 1; 4. Right of Repurchase. Restrictions: Volume 17135, Page 211 (on plat); Volume 12656, Page 190; Volume 17931, Page 78; Volume 17979, Page 288; Volume 18255, Page 86; Volume 18256, Page 5; Volume 18257, Page 108; Volume 18267, Page 108; Volume 18332, Pages 181 and 207; Volume 18363; Page 194; Volume 18424, Page 21; Volume 18868, Page 272 and Volume 19246 Page 266 Official Records, Brazos County, Texas. Exceptions: Easements and Building Lines as set out on plat recorded in Volume 17135, Page 211, Official Records, Brazos County, Texas. Building Lines as set out in restrictions recorded in Volume 12656, Page 190, Official Records, Brazos County, Texas. Easements and Building Lines as set out in restrictions recorded in Volume 18256, Page 5, Official Records, Brazos County, Texas. Maintenance Charges and the Lien securing the payment of same, as set out in restrictions recorded in Volume 18256, Page 5 of the Official Records of Brazos County, Texas. Covenants, conditions and restrictions and other instruments recorded in Volume 18256, Page 5, 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. Easement: From: Phillips 3 Land Holdings, LLC To: Entergy Texas Inc. Dated: April 17, 2023 Recorded: Volume 18685, Page 29, Official Records, Brazos County, Texas. Rights of Ingress and Egress retained in Partial Release: Dated: September 23, 2016 Recorded: Volume 13644, Page 17, Official Records, Brazos County, Texas. Terms, conditions, stipulations and building line as set out in the Development Agreement by and between: Parties: McAlister Opportunity Fund 2012, L.P., a Delaware limited partnership, its successors and assigns and The City of College Station, Texas Dated: March 12, 2015 Recorded: Volume 12656, Page 190, Official Records, Brazos County, Texas. Terms, conditions and stipulations in the Order Granting the Petition for Creation of Brazos County Municipal Utility District No. 1 and appointing temporary directors: Parties: Texas Commission of Environmental Quality and The Public Dated: January 14, 2015 Recorded: Volume 12483, Page 207, Official Records, Brazos County, Texas. Information Form of Brazos County Municipal Utility District No. 1: To: The Public Dated: January 29, 2015 Recorded: Volume 12669, Page 37, Official Records, Brazos County, Texas; Amended: Dated: December 1, 2017 Recorded: Volume 14393, Page 265, Official Records, Brazos County, Texas; Amended: Dated: August 27, 2020 Recorded: Volume 16349, Page 133, Official Records, Brazos County, Texas; Amended: Dated: September 14, 2020 Recorded: Volume 16356, Page 137, Official Records, Brazos County, Texas; Page 235 of 267 Amended: Dated: February 8, 2023 Recorded: Volume 18462, Page 182, Official Records, Brazos County, Texas; Amended: Dated: August 11, 2023 Recorded: Volume 18788, Page 177, Official Records, Brazos County, Texas; Amended: Dated: January 22, 2024 Recorded: Volume 19019, Page 173, Official Records, Brazos County, Texas. Terms, conditions and stipulations in the Waiver of Special Appraisal for Benefit of Brazos County Municipal Utility District No. 1 Agreement by and between: Parties: Brazos County Municipal District No. 1 and McAlister Opportunity Fund 2012, L.P. Dated: November 18, 2016 Recorded: Volume 13744, Page 148, Official Records, Brazos County, Texas. Terms, conditions and stipulations in the Partial Assignment and Assumption of Development Agreement by and between: Parties: McAlister Opportunity Fund, 2012 and Greens Prairie Investors, LTD. Dated: November 28, 2016 Recorded: Volume 13809, Page 78, Official Records, Brazos County, Texas. Notice to Purchasers: By: McAlister Opportunity Fund 2012, LTD. To: Greens Prairie Investors, Ltd. Dated: November 29, 2016 Recorded: Volume 13737, Page 45, and corrected in Volume 13792, Page 202, Official Records, Brazos County, Texas. Notice to Purchasers: From: Southern Pointe Development, Inc. To: The Public Dated: July 9, 2021 Recorded: Volume 17353, Page 235, Official Records, Brazos County, Texas. Statutory Notice to Purchasers of Real Property: By: BV Southern Pointe Development, Inc. To: Brightland Homes, Ltd. Dated: August 2, 2024 Recorded: Volume 19370, Page 100, Official Records, Brazos County, Texas. (to be executed and recorded at closing) (Tract Two) Statutory Notice to Purchasers of Real Property: By: BV Southern Pointe Development, Inc. To: Brightland Homes, Ltd. Dated: August 14, 2024 Recorded: Volume 19397, Page 8, Official Records, Brazos County, Texas. (to be executed and recorded at closing) (Tract Two) Terms, conditions and stipulations in the License and Memorandum Agreement by and between: Parties: Homeowners' Association of Southern Pointe, Inc. and PM Fiber LLC Dated: July 2, 2019 Recorded: Volume 15434, Page 69, and refiled in Volume 15435, Page 250, Official Records, Brazos County, Texas. Terms, conditions and stipulations in the Southern Pointe Exclusive Easement and License Agreement by and between: Parties: PM Fiber, LLC, aka PM Utilities Company; BV Southern Pointe Development, Inc.; McAlister Opportunity Fund 2012, L.P.; and Southern Pointe, LLC Dated: December 1, 2018 Recorded: Volume 15555, Page 269, Official Records, Brazos County, Texas. Terms, conditions and stipulations in the Partial Assignment and Assumption of Development Agreement by and between: Parties: Greens Prairie Investors, Ltd. and Southern Pointe, LLC Dated: December 13, 2018 Recorded: Volume 15446, Page 46, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Partial Assignment and Assumption of Development Agreement by and between: Parties: Southern Pointe, LLC and BV Southern Pointe Development, Inc, Dated: October 14, 2020 Recorded: Volume 17854, Page 79, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Partial Assignment and Assumption of Development Agreement by and Page 236 of 267 between: Parties: Southern Pointe, LLC and Phillips 3 Land Holdings, LLC Dated: December 3, 2021 Recorded: Volume 17854, Page 89, Official Records, Brazos County, Texas. Southern Pointe Exclusive Easement and License Agreement: Parties: PM Fiber, LLC aka PM Utilities Company, BV Southern Pointe Development, Inc., McAlister Opportunity Fund 2012, L.P. and Southern Pointe, LLC Dated: December 1, 2018 Recorded: Volume 15555, Page 269, Official Records, Brazos County, Texas. Water Rights reserved in Deed: By: Southern Pointe, LLC To: BV Southern Pointe Development, Inc., a Texas corporation Dated: October 12, 2020 Recorded: Volume 16450, Page 256, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (to be included in vesting deed) Rights reserved in Deed: By: Southern Pointe, LLC To: BV Southern Pointe Development, Inc., a Texas corporation Dated: October 12, 2020 Recorded: Volume 16450, Page 256, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (to be included in vesting deed) 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 237 of 267 ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.005 ACRE PORTION OF THE 20-FOOT-WIDE PUBLIC UTILITY EASEMENT, SAID PORTION LYING OVER, ACROSS, AND UPON LOT 1, BLOCK 25 OF THE SOUTHERN POINTE SUBDIVISION, SECTION 200, ACCORDING TO THE EASEMENT RECORDED IN VOLUME 14600, PAGE 73 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 0.005 acre portion of the 20-Foot-Wide Public Utility Easement, said portion lying over, across, and upon Lot 1, Block 25, of the Southern Pointe Subdivision, Section 200, according to the easement recorded in Volume 14600, Page 73, of the Official Public 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. Page 238 of 267 ORDINANCE NO. Page 2 of 6 PASSED, ADOPTED and APPROVED this day of , 20_ ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Ordinance Form 8-14-17 Page 239 of 267 ORDINANCE NO. Page 3 of 6 Exhibit "A Ordinance Form 8-14-17 Page 240 of 267 (k SCALEL 1" _ 20' U' 71T r_ 1 • w iv r�r, \ Cm LOT 1 in BLOCK 2S REARING SYSTEM SHOWN HEREON 15 BASED ON THE TEXAS STATE PLANE CENTRAL ZONE GRLD NORTH AS ESTABLISHED FROM GP5 OB5ERYATION. S DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLE55 OTHERWISE NOTED, TO OBTAIN GRID 015TANCE5 (NUT AREA5) MULTIPLY BY A(DMIRINEO 4 S(AtEFACTOROF0.9999059#10912ICWULATEOUSINGOEOID1291. (CM) INIIICA7E5 CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROP ERTYB4UNDAAIES- THIS SURVEY EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMrTMENT. EASEMENTS AND OTHER MATTERS MAYAPPLY. THIS SURVEY REFLECTS THE EASEMENT PORTION ONLY. ADDITIONAL IMPR04Eh1ENTS MAY EXIST ANO WERE NOT LOCATED AT THE TIME OF THIS SURVEY. THIS PLAT W65 PREPARED IN CONJUNCTION IN" FIELD NOTE5 BES(RIPTIONS (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TD 8E RITE INSTUMENTTOGETHER. REJ#St-29-2024 T0A9vN99i# 112 MCH IRON ROD FOUND (CM) VATH RED PLASTIC CRP 5TRMPEO '10NESJAkin CARTER" �k \ saffg mPIWIF sffT LEGEND: LOT 2 EILOWS h icHAEL KONETSK1 111411 MICHAELHUNETSNI RE515TEREO PROFESSIONAL LAND SURVEYOR NQ 031 J � POINT OF BEGINNING 1�2 iNCH LRON ROO FOUND (CM[ WITH RED PLASTIC LAP STAMPED SURVEY EXHIBIT OF A PORTION Of A2It' WIGE PUBLIELITILITY EASEMENT VOLUME14600, PAGE 73, OPRB[T OVER, ACROSS, AND 11PQN LOT I. BLOCK 25 50UT11ERN POIHTE 5E[TION200 VOLUME 17135. PAGE 211, OPRE IT STERRETT D. SMITH LEAGUE 51IRVEY, ABSTRACT No. 210 BRAIDS COUNTY, TEXAS SCJThE:1INCH =AFEET SURVEY DATE; 200 S 2024 f PIAT CATE; 09-39-2024 JOE M- 24-1m5 I EAEI NAME! Release 20' PUE Earj i POINT EIIE:SOUTHERN POINTE99FACEfumir 6.6%U* upt URAYM BY;TIF [HEWUBY; MN PIIEPAREO BY: KERR5UR4EYING,LLC # INC TBPELS FIR1TN10010500 'Wh2ri mne pmark lank 17I3RRIA.RERESTRRIVE,MYWI,TEXAS 7780Q rogainoveranoiher,rho F ONE:19791258-1175 fairs mull be urxrnered' 5LI1A E S:09I1R50RUEYIN6MT I RERRUNDAFMYING.GarA 'TONES AND EARTER" GENERAL NOTE$ CITY'�F[OIdE STA]YO,y S O4' E 5,0 t;3 %1; 1 / I $ r BORTIGN OF 20'WIOE PIJI}LIC UT1LII T LASffflENT ! 0.005 ACRE (Z19 5Q- FTJ 20' YOO E PUBLIC I ITILITY EA5EMENT �� � p�600I73DPRBCT} �N N \ \ ORRCT-OEEO RECLTR05OFBRAT05 COUNTY, TEXAS ,, QRSET-05PKIALREC0R0&UP BRAZOS DBUNTY, TECk5 ' 4e \ OFn ICT . BFFIOAI PUBLIC Er1CORD5 LOT 3 BLDIX2S OF BRAZOS COUNTY -TEXAS 1DI455 = VOLUME AND PAGEfRDM PUOLIE COUNTYREf(MIK N1F. NOW aRPORWFAIY x [)+AECOROINFORMATIUN fE = ELECTRICAL Ek'AMENT PUF= PUULI[ UTIUnYEEASEMENT 1 tOT4 EILUCK 25 CUTS BLOCK 25 11aa� Page 241 of 267 l�r 0 A FIELD NOTES DESCRIPTION 5URVEYING OFA PORTION OF A 20' W I D E PUBLIC UTILITY EA5EM ENT CROSSING LOT 1, BLOCK 25, SOUTHERN POINTE SUBDIVISION SECTION 200 5TERRETT O. SMITH LEAGUE SURVEY, AB5TRA1T 210 BRA2n5 COUNTY, TEXAS AFIELD N-UTE5 DESCRIPTION OF PORTION UFA 20' WIDE PUBLIC UTILITY EASEMENT IN THE STERRETTD. SMITH LEAGUE SURVEY, ABSTRACT 210, IN BRAZOS COUNTY, TEXAS, SAID EASEMENT RECORDED IN VOLUME 14GOD, PAGE 73 OF THE OFFICIAL PUBLIC RECORDS OF BRAZDS COUNTY, TEXAS (OPRBCT), BEING OVER, ACROSS, AND UPON LOT t, BLOCK 25, 5OUTHERN POINTE SUBDIVISION SECTION 200 FILED IN VOLUME 17135, PAGE 211 (OPRBCT); SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METE5AND BOUNDS A5 FOLLOWS: BEGINNING at a 112 inch iron rod found with red plastic cap stamped "IDNES AND CARTER" on the southwest right-of-way of Darlington Avenue (59' wide right-of-way,171351211 OPREM marking the east corner of said Lot 1, Block 25 and the north corner of Lot 2, Block 25, from which another V2 inch iron rod found with red plastic cap stamped "JONE5 A N 0 CARTER" bears S 3G" 44' 50" E a distance of 50.00 feet; for reference the City of CoElege Station monument CS94-154 bears 5 81' 34' 04" E a distance of 6,070.04 feet; THEfi10E, with the common line of said Lots 1 and 2. Block 25, 5 53' 15' 10" W a distance of 20.86 feet; THENCE, over, across, and upon said Lot 1, with the nest line -of said 20' wide public utility easement, N 08" 12' 32" E a distance of 29.52 feet to a point on said southwest right-of-way; 21Pige 24-1006 M&Rs PUE Lof1,da{x (file name) -- t ---Tdyt L'+/- I "I THENCE, with said right-of-way and the northeast line of said Lot ],Block 25, 6 ' 44' 5D" E a diiisUnCe of 20.89 feet tothe POINT OF BEGINNING hereof and containing 0.005 of are acre (218 sq. ft.) more or less. Surveyed an the ground in 2021 and 2024 under my supervision. SPP exhibit prepared August 2024 for other information. The bearing basis for this survey is based on the Texas State Plane Coordinate 5ystern of 1903 (NA083), Central Zone, Grid North as established from GP5 observation. Distances described herein are surface distances. To obtain grid distances (not grid areas) multiply by a combined scale factor of 0.9999059410912 (calculated using GEOIDI213)_ Reference drawing; 24-1006-5 Release 20' P U E Latl.dwg ............................ mici 1AeL KON E=TM N--L� k—� 1 E:.6.:24 Michael Konetski Registered Professional Land Surveyor No. 6531 RR.vf5Rd 10-29 2024 to referanre a,3sPmRgt,14000 730PR9CTandadd wfer&7ra #o fotlrae arrd 116-2024 to corn Not referrme. KERB SURVEYING Kerr Surveying, LLC 11718 Briarcrest Dr. Bryan, TX77802 Office; (979) 268-31951 Web: www_kerrlandsurveyanQ.MM 5urveus:a1k8rrsurveuina.nei I TBPELS Firm No. 10018500 31Pa9e 24-TOUG MlrBs PUE Lotl. = (file name) r Page 243 of 267 November 25, 2024 Item No. 9.3. Northpoint Crossing Concept Plan Amendment Sponsor: Robin Macias, Land Development Review Administrator 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 PDD Planned Development District to PDD Planned Development District to amend the concept plan for approximately 11 acres generally located at 424 Northpoint Crossing Drive. Relationship to Strategic Goals: • Diverse Growing Economy Recommendation(s): Staff recommends denial of the rezoning request for the proposed changes to the Concept Plan. The proposed changes are not in line with the Comprehensive Plan or Northeast Gateway Redevelopment Plan. The Planning and Zoning Commission heard this item at their November 7, 2024 meeting and recommended approval (6-0). Summary: The applicant is requesting to amend the concept plan to reduce the amount of required commercial space on the ground floor to 24% or 12,225 square feet for the subject property generally located at the intersection of Texas Avenue and University Drive. The subject property is currently developed as a mixed -use development with retail space on the ground floor and multi -family apartments above in three buildings and multi -family residential in the remaining buildings. The subject property is located within The Crossing area of the Northeast Gateway Redevelopment Plan. The goals for this area are to build a vibrant and distinct identity for the crossing that embraces an attractive urban form with versatile public spaces and to ensure the availability of residential and commercial opportunities throughout the district. The property was first rezoned in 2012 to PDD Planned Development District and required that the entire ground floor be commercial space. In 2017, a concept plan amendment was approved to reduce the amount of required commercial space to 50% of the ground floor. REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed buildings and the general location of commercial spaces on the ground floor. The proposed amendment to the adopted Concept Plan allows for the reduction in the number of mixed use buildings from three to one and the reduction of commercial space from 50% to 24% of the ground floor area of the one remaining mixed use building. The Unified Development Ordinance provides the following review criteria as the basis for reviewing PDD concept plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the Page 244 of 267 character of the surrounding area; 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. This area is designated as Urban Center on the Comprehensive Plan Future Land Use Map. Areas designated as urban center are appropriate for the most intense development and a mix of uses arranged in a compact and walkable pattern. It should encourage vertical mixed -use structures with ground -floor retail. The Northeast Gateway Redevelopment Plan designates this area as a pinnacle intersection within The Crossing and provides a strong opportunity for urban development types and public spaces. The Crossing anticipates a high level of redevelopment, vertical mixed -use structures, significant increases in housing options and a denser urban form. The proposal to further decrease the amount of commercial on the ground floor does not align with the comprehensive plan or the Northeast Gateway Redevelopment Plan. Purpose, Intent and Community Benefit: The adopted Planned Development District for this property outlines the purpose, intent, and community benefit of the proposed development. The purpose of the PDD zoning district is to provide a vertical mixed use and multi -family development at the intersection of Texas Avenue and University Drive. The adopted Concept Plan shows the current building layout and three designated mixed use areas with the first floor being developed as either multi -family or general commercial with at least 50% as general commercial. The applicant is now proposing to reduce the general commercial portion to 24% or 12,225 sq ft. and to reduce the mixed use buildings to only one that front Texas Avenue. Budget & Financial Summary: Attachments: 1. Northpoint Ordinance 2. Background Information 3. Aerial and Small Area Map 4. Existing Future Land Use Map 5. Rezoning map 6. Rezoning exhibit 7. Applicant's Supporting Information 8. Existing Concept Plan Page 245 of 267 Revised Concept plan Page 246 of 267 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 11 ACRES GENERALLY LOCATED AT 424 NORTHPOINT CROSSING DRIVE 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 247 of 267 ORDINANCE NO. Page 2 of 4 PASSED, ADOPTED, and APPROVED this day of , 20. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Ordinance Form 08-27-19 Page 248 of 267 ORDINANCE NO. Page 3 of 4 Exhibit A That Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from PDD Planned Development District to PDD Planned Development District to amend the concept plan: Ordinance Form 08-27-19 Page 249 of 267 0 M& GENERAL NOTES I ....................sae - - - - - - - Lu �Z cl �m— j/��/� QI I L WLI U 1111111 --------- ------ - ----- - ------------------- F---------------------------------- LEGEND VICINITY MAP (n-t s) CONVERTED 1ST FLOOR MULTI -FAMILY RESIDENTIAL EE 37 886 OF (76%) MIXEDUSE-IS FLOOR r7///]IIETAI TOIERIAIN -�llll F'24%) E3HIGH DEINSITVRESIDENTIAL ON GRADE IMHIGH DENSITV RESIDENTIAL OVER SURFACE PARKING STRUCTURED PARKING LJ TEXAS AVENUE LEGAL DESCRIPTION NOT A PART A--24 -------- — ___ ____ ___ --- - r- z u Lu >< a- L ------ 0 z —j 0 Eu u ui U) � Lu () L w E W _j 0 E--) a- Lei)LLJ c) T- L w _7 u) E- w u) E _6 U ---------------------- ------------------------------- 12 mual wsaAPPLICANT OWNER MANAGER NITCHELL AND MOPGAN SZ NOPTHPOINT THE SCION GROUP APARTMENTS, LIP Q COWEF -N ClEla 11 ,ACT 1ALL CONTACT — 11—T- I—CaTQAn9—C—T 0 z n P It CD NOTIFICATIONS Advertised Commission Hearing Date Advertised Council Hearing Date: BACKGROUND INFORMATION November 7, 2024 November 25, 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: None Property owner notices mailed: 28 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning North Texas A&M University South Texas A&M University East Urban Center & Redevelopment Area West Texas A&M University DEVELOPMENT HISTORY C-U College and University & GC General Commercial C-U College and University GC General Commercial C-U College and University Land Use Commercial Developments along Texas Ave and Hensel St (local street) University Drive (6-lane Major Arterial) Texas Avenue (4-lane Major Arterial) Medical Clinic & Multi- family Annexation: March 1939 Zoning: C-1 General Commercial (1946) PDD Planned Development District (2012, 2014 and 2017) Final Plat: Northpoint Crossing Subdivision Lots 1 & 2 Site development: Mixed -Use and Multi -family Page 251 of 267 (*� City of College Station <'.a a k^ .;�jR��✓ �. "VI° _ H EiGH v �: DI NSF � � •� . ��' ;;a; � � G �, is' , Ofvl �. � *: \ � ,• �� � �> � ` � �, � r Jam\ � ��� 1 �EE pit- �Eji 't� "�_ '• N't'- DS `"_ o�,a• ', "\� . \\-�, "S,e; ♦ 1, ,�lj ./' • � �. % iE ►�O� �.r + ��♦' Q �� O .v i it t /' � ` �• �Rt � s ` ? i� �. ,� C .:g�•\\ y9 .— Y • � �''� �� � RSA Q`' �.. ♦°♦ City of College Station City Limit 0 260 520 NORTH Feet NORTHPOINT CROSSING Case: REZ2024-000023 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. 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 0 312.5 625 NORTH Feet 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 NORTHPOINT CROSSING 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: REZ2024-000023 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 19 0 Multi -Family ►ITilllIMOTAWiT ce TES AWM xxwExnn.em;TEN i I I i TEXAS AVENUE @ (100 ROW) g\, TEXAS AVENUE (107 5' ROW) e-sres oTE E_,s.0; 1 9 I iI� .4 I = "F °Poo1 L I l K IAE— :°xixnPxAL SV�V ,Z10 _° ,A E L c� D M 1EE"EM F oixT ° FoxTr0MII 'TM e T °O"rt7,n, j I o.e L J 1j11 STREET I � I' ( it (50' ROW) UNIVERSITY DRIVE FIV 60 1 L— —w J (132 5' ROW) —. e T'^ .D.E. I a, � 'i+n n, L PME — Ho L eL«IiA, ,ssn — w l (wsizisl iL �:IIL 0 o S �, «nn f u °Miz st J mnxv ao o„ n, Im I I I I „OVI _ --_—_�--_'----_--_---ass_--_--_--_--_—------ 1I--Y_ =' _-- 'k —yaw N4g0.�, W inn„ a. lT., —� l�1 11 I ,M °x Rn W N a� WM xNM Rn —M I LEGEND 9)ovu ors ExImN0/E—SEE 20NNG MD I l9ffAm GENERAL NOTES 1 BEARING SYSTEM SHOWN HEREON 15 BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION 2 SUBJECT PROPE— DOES NOT LIE WNHIN A DESIGNATED FLOOD PWN AREA ACCORDING TO THE FIRM MAPS, COMMUNITY PANEL NO 48041CO215E, EFFECTIVE DATE MAY 16, 2012 URK&O mm ,p INI,S0�Gt4114i7 VICINITY MAP (NTS) REZONING OF 11 19 ACRES LOTS 1A, 24, & 3 BLOCK 1, NORTHPOINT CROSSING SUBDIVISION. COLLEGE STATION DATE Aucusrzoza Brazos County, Texas SCALE 1"=50' OWNER ENGINEER SURVEYOR SZ Northpomt AparMents, LP Mitchell & Morgan, L L P Rr°d Kerr 251 Little Falls Dr— 3204 E°rl Rudder Fwy 5 Kerr Surveying L L C ARN. ton, DE 19808 COIIege Sl°h0n, TX 77845 409 INT.—Avenue Ph— (979) 260-6963 Bryan, Texas 77803 EDx (979) 260-3564 (979) 268-3195 Page 256 of 267 ' REZONING PDD APPLICATION ('TY°r`=°`J''`'°S I'['°� SUPPORTING INFORMATION llo,re of "IncFM L6drerr" Name of Project: NORTHPOINT CROSSING (REZ2024-000023) Address: Legal Description: Total Acreage: 11.19 Applicant: CRISSY HARTL Property Owner: List the changed or changing conditions in the area or in the City which make this zone change necessary. Over the years, College Station has faced many challenges in creating spaces and development requirements for successful mixed -use developments. Mixed -use has proven to be difficult to sustain and Northpoint Crossing is no exception. Since the development opened in 2014, several businesses have opened and closed, some lasting only months. Despite efforts to offer relief for rent and other incentives, there are many other factors, including customer parking habits and overall shopping culture that affect the success of retailers at this location that can not be resolved. Most of the ground floor retail space is unoccupied, and several of the spaces have never been leased. With a growing need for more housing close to campus, converting some of these spaces from retail to residential will yield a success for both the City of College Station and Northpoint Crossing. We request to amend the PDD to convert approximately 76% of the ground floor retail space into residential units. The remaining 24% will remain ground floor retail. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. The Comprehensive Plan identifies the Northpoint Crossing property as an Urban Center area on the Future Land Use Plan. Urban Center areas are "appropriate for the most intense development and mix of uses arranged in a compact and walkable pattern." The requested amendment to the Northpoint Crossing PDD still supports this desired type of development and is therefore in accordance with the Comprehensive Plan. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? As properties along University Drive continue to redevelop, the Northpoint Crossing development and the amendment requested continue to conform to the uses of the nearby property and the character of the neighborhood. Page 1 of 4 Page 257 of 267 Explain the suitability of the property for uses permitted by the rezoning district requested. The rezoning request to convert a portion of the retail space at Northpoint Crossing into more residences meets the dire need for more housing close to the Texas A&M campus and improves the vitality of the development as a whole by finding a use for the empty spaces. The additional residential uses requested in this amendment are much more suitable for Northpoint Crossing. Explain the suitability of the property for uses permitted by the current zoning district. Over the past 10 years, many challenges have faced Northpoint Crossing in attracting businesses to occupy the ground floor retail spaces. The retail market has not favored other mixed -use developments in College Station and this location is no exception. Ultimately, this amount of retail space in Northpoint Crossing is not suitable. Explain the marketability of the property for uses permitted by the current zoning district. The Comprehensive Plan also identifies the area surrounding the intersection of Texas Avenue and University Drive as Planning Area 5: Northeast Gateway Redevelopment Plan, which states vertical mixed -use is encouraged, but also indicates one of the challenges for such developments is commercial real estate market demand. Since the opening of Northpoint Crossing in 2014, the retail portions of the development have always been challenged with attracting and maintaining businesses. Despite the traffic volumes at this prominent intersection, commercial uses are not very marketable at this location. List any other reasons to support this zone change. N/A Maximum Building Height. N/A Proposed Drainage. The purpose and intent are the same as the original development. No new development is being proposed with this request. Page 2 of 4 Page 258 of 267 Variations Sought. We are not seeking any new ordinance modifications. All existing modifications approved in Ordinances 2014- 3554 and 2017-3948 will still apply. Community Benefits. All existing benefits approved in Ordinances 2014-3554 and 2017-3948 still apply. Sustained Stability. As approved and constructed, the concept plan has established a stable environment of mixed -uses and walkability, which also contributed to the redevelopment along University Drive. Even with the requested reduction in retail space, Northpoint Crossing will continue to constitute an environment of sustained stability in harmony with the character of the surrounding area. Conformity. The Comprehensive Plan identifies the Northpoint Crossing property as an Urban Center area on the Future Land Use Plan. Urban Center areas are "appropriate for the most intense development and mix of uses arranged in a compact and walkable pattern." The requested amendment to the Northpoint Crossing PDD still supports this desired type of development and conforms with the policies, goals and objectives of the Comprehensive Plan. Compatibility with use. The requested amendment to the PDD Planned Development District will not affect the compatibility with existing or permitted uses on the abutting sites because the development as a whole is still considered "mixed -use". The concept plan will remain the same and will still offer a mix of uses, which are compatible with the surrounding uses on nearby properties. Access to Streets. All dwelling units are contained within buildings and that have direct access to public access easements which feed to University Drive or Texas Avenue. The parking garage that is available to the residents as well as the general public also has access to the same public access easement. Page 3 of 4 Page 259 of 267 Public Improvements. Public improvements that are necessary to provide service to this project have been designed and constructed. The project itself has several "gathering spaces" and amenity areas to support the pedestrians, customers and tenants of the project. Public Health. The request to convert a portion of the existing ground floor retail into residential units will contribute positively to the health, safety and welfare to the surrounding properties and improvements. There has been much redevelopment in this area of College Station that has created a walkable environment beyond Northpoint Crossing. Adding more residential units within walking distance to Texas A&M will increase pedestrian activity and increase the health and vitality of the surrounding area. Safety. A TIA was written for this PDD and improvements per that report have been implemented to provide safe and convenient vehicular, bicycle and pedestrian circulation. This modification to the existing PDD does not change the conclusions of that TIA because the traffic generation from commercial uses is higher than that from residential units; therefore, converting some of the commercial to residential uses would reduce traffic demands. Page 4 of 4 Page 260 of 267 CQ CD N 0) O N v GENERAL NOTES 1 BICYCLE PARNJNG WILL BE PROVIDED IN EACH STRUCTURED GARAGE ON SITE li vuuom I , i l l LLJ Q I wn PARMNWPII91-IC 71 N- jW I LEGEND ®MIXED USE - 151FLOOR GENERAL COMMERCIAL MTH MFABOVE (THE FIRST FLOOR MAYBE DEVELOPEDAS MULTFAMILYOR GENERAL COMMERCIAL WITH AT LEAST50%AS GENERAL COMMERCIAL F 1 HIGH DENSITY RESIDENTIAL ON GRADE HIGH DENSITY RESIDENTIAL GJER SURFACE PARMC QSTRUCTUREDPARHMG r::::a^:�r^ _ I a- I �o i 0 1Jfj[�. ^P,UB1LIC W�AYI I^ �-kn � LLI Y N i NOT A PART W W I I / { . . . ........ .. TEXAS AVENUE AMITY MAP (n.ts.) I I LEGAL DESCRIPTION Id 1 and Ls2,44'¢mrt O asa%d2d, Baki,orth Pak a0.345a 1,,d J E SaR League A50 and 0055 acres d abard k ngl,14.W(10773243) e N APPLICANT OWNER DEVELOPER N6TCFELL AND MORGAN WOODRIDGCOLLEGE CA -STONE COLLEGIATE ISTM Sodh CDIITACT V RONICAYO— CONTACT NICW FLROS-cNF M CONTACT ALAND—WS dvx .yt...v.q.m drieawgeeYrywrru dva mu,9+vu�.a.. z J LU c X �U G �~ WJ Oz �za o °_ O Q OV W C) W LLJ J U Q W O I Qy w2 J � d0 osg= LLI O a s W Q 'n� Wmo S dxFs x Fee XICE`7 P CPI GENERAL NOTES 8- WIDE IEDEETRIAN ROUTE IREINE �,. 11 PULLOUr� , r 11 1 1 1 vv°° .—YA ---_-_-_-_----------------------- ENrnrr IT D—R—TURN—Es a LEGEND I I 1ST FLOOR ®CONVERTED MULTI -FAMILY RESIDENTIAL - 37,886 SF (76 % ) a MIXED USE - 1ST FLOOR LO -RETAIL TO REMAIN - 12,225 CD SF (24 % ) N Aa HIGH DENSITY RESIDENTIAL N K ON GRADE O HIGH DENSITY RESIDENTIAL N5 OVER SURFACE PARKING �1 Es STRUCTURED PARKING �cww.oE ENravrexlT aus-oP /EXISTINGTMIJ I'AacEL is ncouleEo i"o°'Vv'v v"dJ'v" e°llb°v ovn -1 l_____________________________________________________________ _T_�ll bbvvv vod�', F ti, \'. K Q a- - QS l U F MENIr Z vv avvv vav avvv v.� J I vvvvvv vvvvvv vav' m vvvvv vvvvv � vvvvvv vvvvvv R vvvvvv vvvvvv vvv•.'�'. vvvvvv vvvvvv v°v vv°vv POTEMULL v vo o vv v vo v°v4a v v ♦♦♦••vav"v"v"vav v av a v v v vv vavvvavva av v°a vvvvvv vvvvvv vv vv vvvvv EXIT vv0000 auasroP evvvvvvvv°vv°°vv°vv "" .... PxnsE une — •"'PVBt1e4tlAY—"'----'i , _� I �T Ex I PUBLIC —WA V _______________________________________________ 1 " .\ 1 1 , 1 ; 1 1 1 1 1 ' 1 1 1 1 � NOT A PART -- 1 w ' Iz . , Z I _ LLI C-� 2 11 — ........... 1 TEXAS AVENUE VICINITY MAP (n.t.s.) I I LEGAL DESCRIPTION Lot 1 and Lot 2, Northpolnt Crossing, Lot 2-4, Block 1, North Park, a 0 345 acre tract J E Scott League A50 and 0 055 acres of abandoned nght-of-way (107781243) =1 — 1 I � — I — 1 0 APPLICANT OWNER MANAGER MITCHELL AND MORGAN SZ NORTHPOINT THE SCION GROUP APARTMENTS, LP 3gA9 Eerl R—r My S .1 -D. Falla prva 401N MlvNgan Avenue Colmga Smnm, T%n&0 VOICE (BI912SPSgfi3 Rnx Is�gl zeD3ssa wflminglan, OE 190U8 Sum 4. CM1iaego, IL fig611 CONTACT CRISSY HARTL CONTACT ROB BRONSTEIN CONTACT BEAU CROCKETT EMAIL ubaV®mHMellantlmorgan.mm EMAIL bvaNanQRNesaongmvy.wm .aaxwwa.me AUGUST 2024 a,vzlNrmfy arv.rblrulR 1— Z �X Jo J J d W—a Oz ZOJ wO m� L>LIQ .0wo 0~ LUw2 �w/� aLz LL LLI W o Nw o Q� o(9W J J UoLU Zoe O 00 EL LU a� U F— N d' W F 1% d 3 66 >�$ ��s ImU oet c d � � o x P D courENrs Poo CONCEPT PLAN sil-NO CP1a November 25, 2024 Item No. 9.4. Council Representative Appointments Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding the appointment of Councilmember to the Council Transportation Committee and Chair to the Bicycle, Pedestrian, and Greenways Advisory Board or designee. Relationship to Strategic Goals: • Good Governance Recommendation(s): None Summary: This item is to consider filling the vacant seats with another Councilmember to particular boards held by former Councilmember Linda Harvell and Elizabeth Cunha. Budget & Financial Summary: None Attachments: None Page 263 of 267 November 25, 2024 Item No. 9.5. Planning and Zoning Commission Chair Appointment Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding the appointment of a Planning and Zoning Commission Chair. Relationship to Strategic Goals: • Good Governance Recommendation(s): None Summary: This item is to consider filling the vacant seat of Chair with another Planning and Zoning Commissioner due to this position being held by former Commissioner Melissa Mcllhaney. Budget & Financial Summary: None Attachments: None Page 264 of 267 November 25, 2024 Item No. 10.1. Items of Community Interest and Council Calendar Sponsor: City Council Reviewed By CBC: City Council Agenda Caption: Items of Community Interest and Council Calendar: The Council may discuss upcoming events and receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. Relationship to Strategic Goals: • Good Governance Recommendation(s): None. Summary: A current calendar of upcoming community events can be found in more detail at cstx.gov/calendar and official meetings or public notices are posted at cstx.gov/agendas. Meetings and events the days of November 26 thru December 12: November 26 — Ag Breakfast November 26 — Alamo Letter Dedication November 28-29 — City Offices Closed "Thanksgiving" November 30 — SEC Tailgate - Texas December 2 — Historic Preservation Committee Meeting December 3 — Audit Committee Meeting December 4 — B/CS MPO Policy Board Meeting December 4 — ILTexas Aggieland High School Tour December 4 — ILTexas Aggieland High School Groundbreaking Ceremony December 4 — Legislative Affairs Committee Meeting December 5 — Business After Hours December 5 — Public Open House - Rock Prairie East (ST2303) December 5 — Planning and Zoning Commission Meeting December 7 — 2nd Annual City of College Station Christmas Parade December 9 — BPG Meeting December 11 — COCS Employee Holiday Celebration December 12 — Rock Prairie Management District No. 2 December 12 — Council Meeting Day Budget & Financial Summary: None. Attachments: Page 265 of 267 None Page 266 of 267 November 25, 2024 Item No. 11.1. Council Reports on Committees, Boards, and Commissions Sponsor: City Council Reviewed By CBC: City Council Agenda Caption: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Relationship to Strategic Goals: Good Governance Recommendation(s): Review meetings attended. Summary: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bond Citizens Advisory Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Experience Bryan -College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 267 of 267