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01/08/2026 - Regular Agenda Packet - City Council
Orff CiTY OF COJ.LFGE STATION Home of Texas AerM University® January 8, 2026 College Station, TX Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: www.microsoft.com/microsoft-teams/join-a-meeting Meeting ID: 287 987 474 175 I Passcode: gZw5cS Phone: 469-480-7460 I Phone Conference: 168 564 318# 4:00 PM City Hall Council Chambers Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third - party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in -person only. 1. Call to Order. 2. Executive Session Agenda. Executive Session is closed to the public and will be held in the 1938 Executive Conference Room. The City Council may according to the Texas Open Meetings Act adjourn the Open Meeting during the Consent, Workshop or Regular Agendas and return into Executive Session to seek legal advice from the City Attorney regarding any item on the Workshop, Consent or Regular Agendas under Chapter 551, Texas Government Code. 2.1. Consultation with Attorney {Gov't Code Section 551.071}; Possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney -client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney -client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. The City of College Station v. The Public Utility Commission of Texas, Cause No. D-1-GN-24- 005680 in the 200th District Court, Travis County, Texas. 2.2. Real Estate {Gov't Code Section 551.072); Possible action. The City Council may deliberate the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Approximately 8 acres of land located at 1508 Harvey Road. b. Approximately 28 acres of land generally located at Midtown Drive and Corporate Parkway in the Midtown Business Park. c. Property located within the Midtown Business Park. 2.3. Personnel {Gov't Code Section 551.074); Possible action. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: College Station, TX Page 1 Page 1 of 358 City Council a. Construction Board of Adjustments b. Zoning Board of Adjustments c. Planning and Zoning Commission d. City Secretary e. City Attorney f. City Manager g. Council Self -Evaluation 2.4. Economic Incentive Negotiations {Gov't Code Section 551.087}; Possible action. The City Council may deliberate on commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the city which the City Council in conducting economic development negotiations may deliberate on an offer of financial or other incentives for a business prospect. After executive session discussion, any final action or vote taken will be in public. The following subject(s) maybe discussed: a. Economic development agreement with Corinth Group, Inc. b. Economic development agreement for a development within the Midtown Business Park relating to baseball fields. b. Economic development agreement with College Station Town Center, LP. 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 January 24, 2026 to March 20, 2026 as "Walk Across Texas!" Sponsors: Barbara Moore Attachments: 1. 26 Walk Across Texas! 6. Hear Visitors. During Hear Visitors an individual may address the City Council on any item which does not appear on the posted agenda. The City Council will listen and receive the information presented by the speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concern shall be directed to the City Manager. 7. Consent Agenda. Page 2 January 8, 2026 Page 2 of 358 City Council 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: • December 11, 2025 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM121125 DRAFT Minutes 7.2. Presentation, discussion, and possible action on a construction contract with Elliot Construction, LLC in the amount of $3,551,499 for the construction of the Medical District Trunkline Phase II & III, plus the City's contingency amount of $355,150 for a total appropriation of $3,906,649. Approval of this item grants authority for the City Manager to authorize project expenditures up to the City's contingency amount. Sponsors: Jennifer Cain Attachments: 1. Medical District TL Map 2. Medical District TL Contract 26300233_VendorSigned 7.3. Presentation, discussion, and possible action on a construction contract with Weisinger, Inc. for the Water Wells 1 & 2 rehabilitation project in the amount of $1,237,630; along with a contingency of $123,763; for a total appropriation of $1,361,393. Approval of this item will authorize the City Manager to approve expenditures up to the contingency amount. Sponsors: Gary Mechler, Stephen Maldonado Attachments: 1. ITB #26-002 Tabulation 2. Vendor Signed_Contract #26300135 7.4. Presentation, discussion, and possible action on a deductive change order with Norman Construction Services, Inc. for $217,729.22 on the Carter Creek Wastewater Treatment Plant Outfall Project. Sponsors: Jennifer Cain Attachments: 1. CCWWTP Outfall Change Order 2 Signed 7.5. Presentation, discussion, and possible action regarding an ordinance amending Chapter 38 "Traffic and Vehicles", Article VI "Traffic Schedules", Section 38-1003 "Traffic Schedule III, Stop Signs" and Section 38-1004 "Traffic Schedule IV, Yield Intersections" of the Code of Ordinances of the City of College Station, Texas, by repealing designated yield controls at various locations and by establishing stop controls at various locations. Sponsors: Emily Fisher Attachments: 1. Location Map 2. Sec 38-1003_Sec 38-1004 Ordinance 7.6. Presentation, discussion, and possible action regarding an ordinance renaming Church Avenue between University Drive and Legacy Point Drive as Legacy Point Drive. Sponsors: Jason Schubert Attachments: 1. Street Name Request Letter 2. Street Name Change Exhibit 3. Ordinance 7.7. Presentation, discussion, and possible action on a resolution authorizing the Chief of Police to apply for and accept a grant for the Office of the Governor - VOCA Grant (Victim Services) providing $80,233 in funds for victim services. Sponsors: Billy Couch Page 3 January 8, 2026 Page 3 of 358 City Council Attachments: 1. FY 27 VOCA Grant Resolution 7.8. Presentation, discussion, and possible action on a resolution authorizing the City Manager to execute the TXDOT permitting agreement for the installation of Flock ALPR cameras on TXDOT right-of-ways and all documents associated with the MVCPA grant project. Sponsors: Billy Couch Attachments: 1. TX DOT Permitting Resolution for MVCPA Grant 7.9. Presentation, discussion, and possible action regarding a resolution authorizing the Chief of Police to execute the grant application and any documents necessary to receive grant funding from the Office of the Governor through the Texas State Crisis Intervention Program. Sponsors: Billy Couch Attachments: 1. FY 27 State Crisis Intervention Grant Resolution 7.10 Presentation, discussion, and possible action regarding an ordinance amending Chapter 38 "Traffic and Vehicles", Article VI "Traffic Schedules", Section 38-1008 "Traffic Schedule VIII, No Right Turn and No Left Turn", of the Code of Ordinances of the City of College Station, Texas, to prohibit right turns on red lights at the intersection of Greens Prairie Road and Royder Road, and repealing Ordinance 2017-3913 in its entirety. Sponsors: Emily Fisher Attachments: 1. Ordinance No. 2017-3913 2. Location Map 3. Ordinance - No Right at GP and Royder 8. Workshop Agenda. 8.1. Presentation, discussion, and possible action on mental health resources available in the community. Sponsors: Billy Couch Attachments: None 9. Regular Agenda. 9.1. Public Hearing, presentation, discussion, and possible action on Budget Amendment 1 amending Ordinance No. 2025-4612 which will amend the budget for the 2025-2026 Fiscal Year in the amount of $32,714,163. Sponsors: Mary Ellen Leonard Attachments: 1. FY26 Budget Amendment #1 Ordinance 9.2. Presentation, discussion, and possible action regarding the approval of a contract granting HOME Investment Partnerships Program (HOME) funds to Brazos Valley Community Action Programs (BVCAP) in the amount of $320,000 for the purchase and rehabilitation costs related to the acquisition of a single-family home located at 1015 Toledo Bend Drive in order to create an affordable rental opportunity. Sponsors: David Brower Attachments: 1. HOME Agreement 1015 Toledo Bend Drive_12.18.25 9.3. Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions. • Planning and Zoning Commission • Bicycle, Pedestrian, and Greenways Advisory Board • CDBG Public Service Agency Funding Review Committee Page 4 January 8, 2026 Page 4 of 358 City Council • Historic Preservation Committee • Housing Plan Advisory Committee • Parks and Recreation Board Sponsors: Tanya Smith Attachments: None 10. Items of Community Interest and Council Calendar. Items of Community Interest and Council Calendar: The Council may discuss upcoming events and receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. 11. Council Reports on Committees, Boards, and Commissions. A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items. A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member's or City Staff's response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. 13. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. I certify that the above Notice of Meeting was posted on the website and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on December 31, 2025 at 5:00 p.m. di._ City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, Page 5 January 8, 2026 Page 5 of 358 City Council readers, or large print are asked to contact the City Secretary's Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code & 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal & 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. "Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre." Page 6 January 8, 2026 Page 6 of 358 January 8, 2026 Item No. 5.1. Brazos County Walk Across Texas Proclamation Sponsor: Barbara Moore, Assistant to the City Manager Reviewed By CBC: City Council Agenda Caption: Presentation proclaiming January 24, 2026 to March 20, 2026 as "Walk Across Texas!" Relationship to Strategic Goals: Good Governance Recommendation(s): Present the Brazos County Walk Across Texas team with a proclamation. Summary: The Brazos County Walk Across Texas team will encourage our local community to participate in the Walk Across Texas fitness event that begins on January 24, 2026 to March 20, 2026. Budget & Financial Summary: N/A Attachments: 1. 26 Walk Across Texas! Page 7 of 358 ))1 Proclamation WHEREAS, it is never too late to start an active lifestyle. No matter how old you are, how unfit you feel or how long you have been inactive, research shows that starting a more active lifestyle now through regular, moderate activity can make you healthier and improve your quality of life; and WHEREAS, regular physical activity reduces the risk of dying of coronary heart disease, the nation's leading cause of death and decreases the risk of strike, colon cancer, diabetes and high blood pressure; and WHEREAS, regular physical activity also helps to control weight; contributes to healthy bones, muscles and joints; reduces the symptoms of anxiety and depression and is associated with fewer hospitalizations, physician visits and medications; and WHEREAS, people of all ages benefit from participating in regular physician activity, such as 30 minutes of brisk walking five or more times a week; and WHEREAS, Walk Across Texas! is an eight -week physical activity program with one goal — to increase your physical activity level. Walk Across Texas! uses friendly competition and group support to encourage adults and youth to become physically active. NOW, THEREFORE, I, John P. Nichols, Mayor of College Station, Texas do hereby proclaim, January 24, 2026 to March 20, 2026, as: Walk Across Texas and urge all citizens to participate in Walk Across Texas! and increase their physical activity level. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas this 8th day of January 2026. ohn P. Nichols Attest: Mayor cDpnri Tanya Smith City Secretary Page 8 of 358 January 8, 2026 Item No. 7.1. December 11th Meeting Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • December 11, 2025 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM121125 DRAFT Minutes Page 9 of 358 MINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION DECEMBER 11, 2025 STATE OF TEXAS COUNTY OF BRAZOS Present: John Nichols, Mayor Council: Mark Smith, Mayor ProTem William Wright David White Melissa Mcllhaney Bob Yancy Scott Shafer § § § City Staff: Bryan Woods, City Manager Jeff Kersten, Assistant City Manager Adam Falco, City Attorney Leslie Whitten, Deputy City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Ouorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Nichols via In -Person and Teleconference at 3:00 p.m. on December 11, 2025, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Presentation of employee service awards. The following employees were recognized for service: 5 Years of Service Tyler Aaron Thomas Bauman Julie Anna Clark Jesse Dimeolo Carlos Duran John Hardick Richard Harper Brian Henry Kyle Hensley Mike Jones John Ladysh Colin Leach Shane Lee Travis Lee Patrick Lewis Rex Lewis Richard Leyva Jeremy Lott Richard Mann Michael Ostrowski Garrett Owen Thomas Ozio Ana Pachuca Cole Powell Joshua Ralls Trace Richards Braden Rohde Bradley Sawicki Jenna Schroeder Russell Trainham Nicholas Vance David Vaughn Jo Beth Wolfe Marshall Wood Page 10 of 358 10 Years of Service Matthew Acosta Wiley Adair Florent Delesque Chad Everett Gabriel Garcia Ricky Hail Tara Hodges Garrison Jenkins Roy Johnson 15 Years of Service Eric Barton Jennifer Cabezas Shannon Combs Patrick Dugan Billy Fulbright 20 Years of Service Cody Crook Ez Hernandez Chad Jones Izzy Koite 25 Years of Service Mike Garcia Brenda Godfrey Molly Hitchcock 30 Years of Service Cecilia Browder Angela Daugherty 35 Years of Service Bridgette George Greg Janda 40 Years of Service Jesse Quintero Tom Jordan Andrew Kincell Rebekah Lovelace Cody Mays Susan Monnat Luther Moore Joann Narro Victoria Nunez Jeremy Olguin Jennifer Ginsel Tony Gonzales Robert Greenawalt Austin Hoggard Colin Killian Matthew Matcek Aaron Matthews Benjamin McCarty Michael Middleton Danny Junek Benton Keough Chad Phillips Julia Franz Dan Graalum Walter Jones Rodney Sigler Jonathan Ortega Eric Pierce Michael Privitt Tracy Rand Juan Serrato Ray Slafka Robin Smith Amanda Szymanski Andrea Lauer Tristen Lopez Robin Macias Elissa Peltier Christina Provazek Jason Murrell Jason Neuendorff Tommy Tharp Daniel Tice Kris Powers Robert Shumaker Jeffrey Speed Michael Kellogg Chris Kelly Gary Watson Robert Thompson Bryce Trujillo Joe Urrutia Woody Vanadore Raney Whitwell Cade Wilson Matthew Winkler Alysia Ybarra Tommy Shilling Mikel Stephens Josie Urrutia Rhonda Waller Kyle Zulkowski Coby Zoch Andy Throne Kenneth Wells Dale Lapham Mayor Nichols recessed Council Meeting at 3:31 p.m. for a reception recognizing the employees for their service. The Council Meeting reconvened at 3:52 p.m. 3. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, §551.074-Personnel, and §551.087-Economic Development, and the College Station City Page 11 of 358 Council convened into Executive Session at 3:53 p.m. on November 24, 2025, to continue discussing matters pertaining to: 3.1. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: • The City of College Station v. The Public Utility Commission of Texas, Cause No. D-1-GN- 24-005680 in the 200th District Court, Travis County, Texas; and • Legal advice regarding the professional services contract for southeast park; and • Legal advice regarding the definition of family in the UDO as related to SB 1567. 3.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 8 acres of land located at 1508 Harvey Road. • Approximately 28 acres of land generally located at Midtown Drive and Corporate Parkway in the Midtown Business Park. • Property located within the Midtown Business Park. 3.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • City Secretary • Planning and Zoning Commission • City Attorney • City Manager • Council Self -Evaluation 3.4. Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the City; to wit: • Economic development agreement with Corinth Group, Inc. • Economic development agreement for a development within the Midtown Business Park relating to baseball fields. • Economic development agreement with College Station Town Center, LP. • Economic development agreement for a development generally located at the intersection of University Drive and College Avenue. 4. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. Executive Session recessed at 6:30 p.m. 5. Pledge of Allegiance, Invocation, consider absence request. Invocation given by Captain Matthew Winkler, College Station Fire Department. 6. Hear Visitors Comments. No one signed up to speak at hear visitors. 7. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. CCM 121125 Minutes Page Page 12 of 358 Items (7. 7) and (7.12) were pulled for clarification. (7. 7) Jennifer Cain, Capital Projects Director, explained that the $1,000,000 consulting contract for a two-mile road project is typical and consulting is roughly 10% to 12% of expected construction expenses. The design team will manage design and subcontracted tasks such as surveys, utility exploration, traffic analysis, geotechnical work, and construction administration. They will also review pay applications, product submittals, and site observations during construction, with city project managers overseeing parts of the project. The design phase should last about a year and be about 10% to 12% of the updated $8,000,000 estimated total project cost. Initially, $4.4 million was budgeted as an estimate, subject to adjustments based on design findings, particularly drainage and necessary rehab work on the county road's base. (7.12) Jeremiah Cook, Assistant Director of Tourism, confirmed the event can proceed as scheduled and that the department will evaluate opportunities for outreach and promotion made available to the city through this contract with the Houston Livestock Show and Rodeo. 7.1. Presentation, discussion, and possible action of minutes for: • November 24, 2025 Council Meeting 7.2. Presentation, discussion, and possible action regarding adoption of the 2026 Annual Council Calendar. 7.3. Presentation, discussion, and possible action regarding Resolution No. 12-11-25-7.3 casting a vote for a member of the Board of Directors for the Brazos Central Appraisal District Board of Directors. 7.4. Presentation, discussion, and possible action on a construction contract with Brazos Paving, Inc. in the amount of $5,064,684.90 for construction services for the Marion Pugh Rehabilitation Project, plus the Citv's contingency in the amount of $700,000 for a total appropriation of $5,764,684.90. Approval of this item grants authority for the City Manager to authorize project expenditures up to the Citv's contingency amount. 7.5. Presentation, discussion, and possible action on the second reading of franchise agreement Ordinance No. 2025-4650 with Professional Trash Valet, LLC dba Brazos Valley Trash Valet & Recycling for the collection of recvclables from commercial businesses and multi -family locations. 7.6. Presentation, discussion, and possible action on a construction contract with Norman Construction Services, LLC for State Highway 6 Utility Relocation Bid Package 1 in the amount of $4,021,344 plus the Citv's contingency in the amount of $750,000 for a total appropriation of $4,771,344. Approval of this item grants authority for the City Manager to authorize project expenditures up to the Citv's contingency amount. 7.7. Presentation, discussion, and possible action on a professional services contract with Binkley & Barfield I DCCM the amount of $975,907 for professional services for the Rock Prairie Rehabilitation Project. 7.8. Presentation, discussion, and possible action on the purchase of a commercial pre - manufactured restroom building from RFL/CorWorth for the Lincoln Center Area Improvements Project in the amount of $304,934 plus the Citv's contingency in the amount of $30,493.40 for a total appropriation of $335,427.40. Approval of this item grants authority for the City Manager to authorize project expenditures up to the Citv's contingency amount. CCM 121125 Minutes Page l4age 13 of 358 7.9. Presentation, discussion, and possible action on a construction contract with Larry Young Paving, Inc. for the installation of fiber optic cabling to six traffic signal locations in the amount of $499,382.50, plus the Citv's contineencv in the amount of $49,938 for a total appropriation of $549,320.50. Approval of this item grants authority for the City Manaeer to authorize proiect expenditures up to the Citv's contineencv amount. 7.10. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Brazos Transit District in the amount of $334,000. 7.11. Presentation, discussion, and possible action on the sale of approximately 50,000 tons of surplus mixed aggregate millings from city property to Larry Young Pavine, Inc., who submitted the highest unit purchase price of $6.50 per ton, for a total selling price of $325,000. 7.12. Presentation, discussion, and possible action on a sponsorship agreement with the Houston Livestock Show and Rodeo in the amount of $180,000. 7.13. Presentation, discussion and possible action to purchase two-way mobile and portable radio replacements from Motorola Solutions in the amount not to exceed $4,119,687.86. 7.14. Presentation, discussion, and possible action on a Design Contract with Pendulum Studio, in the amount of $116,950 for survey and eeotechnical work related to the Baseball Field at Midtown Project. 7.15. Presentation, discussion, and possible action on bid awards for underground electric distribution materials to KBS Electrical Distributors, Inc. in the amount of $103,386.69 and Techline, Inc. in the amount of $186,046 for a total amount of $288,643.69 required for the Northwest Substation feeders and for relocating electric facilities to accommodate the TxDOT SH 6 widening project. 7.16. Presentation, discussion, and possible action on approval of Change Order No. 1 with KBS Electrical Distributors, Inc., for transmission poles in the amount of $76,114 for a new total purchase order amount of $894,199.60. 7.17. Presentation, discussion, and possible action regarding a Semi -Annual Report on Svstem- Wide Impact Fees for Water, Wastewater, and Roadway. 7.18. Presentation, discussion, and possible action on Resolution No. 12-11-25-7.18, amending the terms of the Council Legislative Engagement Committee from one-year terms to two-year terms and repealine Resolution No. 02-13-25-7.5, which established one-year terms. 7.19. Presentation, discussion, and possible action regarding adoption of Resolution No. 12-11- 25-7.19 consenting to the issuance of bonds by the Brazos County Municipal Utility District No. 1, Series 2026 in an amount not to exceed $7,375,000 for water improvements (the "Bonds"). The amount is the third installment of the $104,060,000 bonds voted at an election held in the District on November 5, 2019. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Mcllhaney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda, with the exception of 7.12. The motion carried unanimously. CCM 121125 Minutes Page Page 14 of 358 (7.12) MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Mcllhaney, the City Council voted six (6) for and none (0) opposed, with Councilmember White abstaining, to approve the Consent Item 7.12. The motion carried unanimously. 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4651 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 on approximately 2.6 acres generally located at the terminus of Castle Rock Parkway. Garrett Segraves, Planning and Development, stated that this request is to amend the concept plan for approximately 2.6 acres located at Phillips Square Ph 2, Block 2, Lot 1R-1. The subject property was originally zoned PDD in 2010. In 2024, the original concept plan was amended to provide general land uses and remove the detailed site layouts. Per the current concept plan, concept plan amendments would be brought forward as sites develop. The proposed concept plan shows the general townhome building layout and access off of the existing private drive connecting to Castle Rock Parkway. The proposed concept plan will reduce the rear and front setbacks and propose the townhomes to front private drives rather than a public street. To offset this request, increased landscaping will be provided. This item was heard at the November 20th Planning and Zoning Commission meeting where the Commission voted 6-0 to recommend approval. Staff recommends the approval of the proposed concept plan, the meritorious modifications, and community benefits General Standards: Modification Re. uested: 1. Lot Frontage Requirement in Section 8.3.H.th 2. Setback Standards in Section 5.2 1. The townhome lots are not required to have frontage on a public street. The lots will have access to a private access easement within a Common Area. 2. Rear and front setback waivers a) Reduce the rear setback of the lots along the existing private access drive from 20' to 8' b) Reduce the front setback of all lots from 25' to 20'_ Communit Benefit: 1. 50% more Site Landscaping will be provided per townhouse standards. a) 1 extra canopy tree per unit At approximately 6:49 p.m., Mayor Nichols opened the Public Hearing. Marvin DuBois, College Station, requested a sidewalk from Tammy Lynn to Victoria to address pedestrian safety. He also raised concerns about turning on Fitch into Castle Rock, stating that TxDOT informed him that the necessary clearance for a dedicated turn late is not available; therefore, drivers currently turn from the 60-mph traffic lane or move into the berm as a courtesy. He would like to see a dedicated turn lane installed to further enhance safety. Mary Holt, College Station, expressed concerns about neighborhood zoning changes and infrastructure. Initially promised a single-family area, zoning has shifted since 2010 to include multi- CCM 121125 Minutes Page r6age 15 of 358 family housing, commercial, and office spaces. She suggests replacing the proposed tree planting with speed bumps on Castle Rock Parkway due to: • Increased Traffic: New townhomes and businesses will direct more traffic through Castle Rock, with major navigation apps routing through the neighborhood. • Unsafe Access Road: The secondary road leads drivers into busy Victoria Ave., increasing main entrance use, cut -through traffic, and speeding. • Speeding Issues: Speeding is already problematic on Castle Rock Parkway, endangering children and residents. A recent incident saw a child nearly hit near a school bus stop. Mrs. Holt urged the Council to prioritize safety and requested an agenda item to review the thoroughfare plan and zoning to align better with residents' interests. There being no further comments, the Public Hearing was closed at 7:11 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Smith, the City Council voted six (6) for and none (0) opposed, with Councilmember Mcllhaney recusing herself, to adopt Ordinance No. 2025-4651, 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 on approximately 2.6 acres generally located at the terminus of Castle Rock Parkway. The motion carried unanimously. 8.2. Presentation, discussion, and possible action on the election of Mayor Pro Tempore. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Shafer, the City Council voted six (6) for and none (0) opposed, with Councilmember Yancy abstaining, to approved Councilmember Wright as Mayor Pro Tempore. The motion carried unanimously. 8.3. Presentation, discussion, and possible action regarding the appointment of Councilmembers to boards and commissions. MOTION: Upon a motion made by Mayor Nichols and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to approve the appointment of Councilmembers to boards and commissions as stated below, with the remaining Boards and Committees unchanged. The motion carried unanimously. External Boards and Committees • BioCorridor — Scott Shafter (2-yr terms) • Sisters Cities — Mark Smith (3-yr terms) Internal Committees • Audit Committee — Melissa Mcllhaney (2-yr terms) • Comprehensive Plan Evaluation Committee — David White, Scott Shafer and Mark Smith • Budget and Finance — Mayor John P. Nichols, Melissa Mcllhaney, and David White 8.4. Presentation, discussion, and possible action regarding the Midtown area baseball complex project. No action to be taken. 9. 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 CCM 121125 Minutes Page Fage 16 of 358 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. City Manager Bryan Woods discussed upcoming and past Christmas events. The Holiday Market has been rescheduled to the 19th due to TAMU football playoffs on the 20th. 10. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Yancy reported on the Health Board. Councilmember Shafer reported on the Bicycle, Pedestrian, and Greenways Board. 11. 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. No future agenda items at this time. 12. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 7:25 p.m. on Thursday, December 11, 2025. John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary CCM 121125 Minutes Page Page 17 of 358 January 8, 2026 Item No. 7.2. Medical District Trunkline Phase II & III Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a construction contract with Elliot Construction, LLC in the amount of $3,551,499 for the construction of the Medical District Trunkline Phase II & III, plus the City's contingency amount of $355,150 for a total appropriation of $3,906,649. Approval of this item grants authority for the City Manager to authorize project expenditures up to the City's contingency amount. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: This project will construct 3,500 linear feet of 21-inch and 1,700 linear feet of 18-inch of sewer trunkline and decommission lift station 2, 3, and the Rock Prairie lift station. This project will also construct 3,500 linear of 12-inch sewer line. The City of College Station received construction proposals from 5 qualified contractors as per RFP/CSP 26-025. After the review process, Elliot Construction, Inc. was selected as the most qualified firm for the project. This project is being done in coordination with TXDOT's Big 6 Project as we will be in the same work zone area for a portion of the project. Budget & Financial Summary: A combined budget of $7,600,000 is included in the Wastewater Capital Improvement Projects Fund. A combined total of $474,477 has been encumbered or spent to date, leaving a combined balance of $7,125,523 for this contract and related expenses. Attachments: 1. Medical District TL Map 2. Medical District TL Contract 26300233_VendorSigned Page 18 of 358 ,)College Station • 0 325 650 Crry r.*CommubSIATION AO! 1,950 Feet Medical District Trunkline Phase II and III vp- Crn UI' CulL W'. Sf'.ji 0 CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: 26300233 PROJECT #: ww2100iww2101 BID/RFP/RFQ#: Project Name / Contract Description: Medical District Trunk line Phase II and III- Decommissioning of lift station #2, #3, and the Rock Prairie lift station. Construction 21-inch sewer trunk line and 18-inch trunk line. Name of Contractor: Elliot Construction, LLC CONTRACT TOTAL VALUE: $ 3,551,499 Debarment Check Section 3 Plan Incl. ■ NEW CONTRACT Yes Yes No No • RENEWAL # N/A N/A Grant Funded Yes No ■ If yes, what is the grant number:) Davis Bacon Wages Used Buy America Required Transparency Report Yes Yes Yes No No CHANGE ORDER # OTHER No ■ N/A N/A N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) A combined budget of $7,600,000 is included in the Wastewater Capital Improvement Projects Fund. A combined total of $474,477 has been encumbered or spent to date, leaving a combined balance of $7,125,523 for this contract and related expenses (If required) * CRC Approval Date*: N/A Council Approval Date*: 01/08/26 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: OR/ Performance Bond: BW Payment Bond: BW Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE ASST CITY MGR — CFO DATE LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE N/A MAYOR (if applicable) DATE N/A CITY SECRETARY (if applicable) DATE 9.12.23 UPDATED Page 20 of 358 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 ELLIOTT CONSTRUCTION, LLC. (the "Contractor") for the construction and/or installation of the following: As described in RFP (CSP) 26-025 Medical District Sewer Interceptor PH II/ PHIII 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted. 1.02 City. The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 City's Consultant. The term "City's Consultant" or "Consultant" shall mean and be understood as referring to the City's design professional(s) for the Project. 1.04 City's Representative. The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent. 1.05 Contingency Amount. The term "Contingency Amount" shall mean and be understood as referring to the amount established and appropriated by the City, to be used exclusively by the City and in the City's sole discretion, to pay City -authorized costs associated with Change Orders and other related expenses for this Project. The Contractor agrees that the Contingency Amount, if any, is established by and is for the sole use of the City, that the Contingency Amount is not included in the Contract Amount, and that the Contractor has no right to use or receive any Contingency Amount unless authorized by the City in a written and duly authorized change order. The City's Contingency Amount is: Three Hundred Fifty Five Thousand One Hundred Fifty and NO /100 Dollars ($ 355,150.00 ). 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: Three Million Five Hundred Fifty-one Thousand Four Hundred Ninety - Nine and NO /100 Dollars ($ 3,551,499.00 ). 1.07 Contract Documents. The term "Contract Documents" shall mean those documents listed in Section 2.01. 1.08 Contractor. The term "Contractor" shall mean the person(s), partnership, or corporation who has agreed to perform the Work contemplated in this Agreement and the other Contract Documents. 1.09 Contractor's Proposal. The term "Contractor's Proposal" shall mean the document provided by the Contractor in response to, and shall include all information required by the City's Request for Proposal/Invitation to Bid for the Project. Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 1 Page 21 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 2 Page 22 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 13 Page 23 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 4 Page 24 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 25 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 6 Page 26 of 358 (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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 17 Page 27 of 358 (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the Work is not in accordance with the approved Construction Schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03 The process of approving the Construction Schedule and updates to the Construction Schedule shall not constitute a warranty by the City that any non -Contractor milestones or activities will occur as set out in the Construction Schedule. Approval of the Construction Schedule does not constitute a commitment by the City to furnish any City -furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the City of any delays or potential delays. In the event the Construction Schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any adjustment to the Construction Schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04 The Contractor shall also prepare a submittal schedule promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Consultant's approval. The Consultant's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (i) be coordinated with the Contractor's Construction Schedule; and (ii) allow the Consultant reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 10.05 In the event the City determines that the performance of the Work, as of a Milestone Date or otherwise, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime; (ii) supplying additional manpower, equipment, and facilities; and (iii) other similar measures (hereinafter referred to collectively as "Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The City's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the Construction Schedule. (a) The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the City under or pursuant to this Subsection. (b) The City may exercise the rights furnished the City under or pursuant to this Subsection as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents. 10.06 Work Stoppage. If in the judgment of either the City or City's Representative any of the Work or materials furnished is not in strict accordance with this Agreement or any portion of the Work is being performed Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 8 Page 28 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 29 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 10 Page 30 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 11 Page 31 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 12 Page 32 of 358 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01 The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. 13.02 The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the Work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the Work will be ready for observation. 13.03 The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the Plans, Specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if said work is in accordance with the -Plans, -Specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04 City shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further, insurance changes required to keep Contractor's insurance in effect shall be the responsibility of Contractor. 14. REJECTED WORK 14.01 All work deemed not in conformity with this Agreement as determined by the City in its sole discretion, may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations, inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the Work in accordance with the requirements of this Agreement and the other Contract Documents. 14.02 If the work or any part thereof is rejected by the City, it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: (a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. (b) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion. Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 13 Page 33 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 14 Page 34 of 358 not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the Work. 16.03 Progress Payments. On or before the 30th calendar day following the City's receipt of a progress payment application made in conformity with Section 16.02, the City shall pay to the Contractor the approved amount of the progress payment based on the Contractor's applications for payment, and the recommendation and approval of City's Representative. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of Work completed by the Contractor and approved by the City, but in each case less the aggregate of payments previously made, less retainage, and less amounts as City's Representative shall determine and the City may withhold in accordance with this Agreement. Upon Final Completion, including the delivery of all close out documents, such as "as built" drawings, warranties, guarantees, required additional materials, releases, operation and maintenance manuals, and acceptance of the Work in accordance with this Agreement, the City shall pay the remainder of the balance due under this Agreement, less any sums withheld under other terms of this Agreement and less the retainage, which shall be retained for a period of thirty (30) calendar days from the date of Final Completion. Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. ❑✓ 16.04 Retainage. From each approved statement, the City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. OR: 16.04 Retainage. This section has been removed. No retainage will be deducted. 16.05 If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06 Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re -stocking charges actually incurred by the Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07 The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the Work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable obj ection. 16.09 Unless otherwise provided in the Contract Documents: Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 35 of 358 (a) Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; (b) Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Amount but not in the allowances; and (c) Whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 16.9(a) and (2) changes in the Contractor's costs under Section 16.9(b). 16.10 Suspension of Payments. The City, at any time, may suspend monthly progress payments on the Work if it determines that the projected liquidated damages may exceed retainage. The City, at any time, may suspend monthly progress payments if it believes that the Contractor will not complete the Work due to actual default or that the Contractor has represented or done some act that indicates that it will not complete the Work in accordance with this Agreement or within the time period submitted in its bid. Provided, however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Section. 16.11 Withhold Funds. Regardless of any bond, the City may, on account of subsequently discovered evidence and in addition to the retainage withheld under Section 16.04, withhold funds or nullify all or part of any acceptance or certificate to such extent as may be necessary to protect itself from loss on account of any of the following, or as otherwise provided in this Agreement: (a) Defective work other than defects in design provided to Contractor by a person other than Contractor's agents, contractors, fabricators, or suppliers, or its consultants, of any tier for non -critical infrastructure. (b) Failure to timely disclose in writing to the City of a known defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications or other design documents. (c) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. (d) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. (e) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. (f) Claims made or reasonable evidence indicating claims will be made for damage to third parties, including adjacent property owners. (g) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. (h) City's determination of an amount of liquidated damages. (i) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. (j) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. (k) Corrections of mistakes, errors and overpayments in relation to prior pay applications and payments. Provided, however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Section. Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 16 Page 36 of 358 16.12 Virtual Payment Method. For increased payment and financial information security, the Contractor must use the City's approved virtual payment card system or digital payment system for all payments, storing, and modifications of financial information used for City payments to the Contractor. Any related reasonable fees paid by the Contractor for use of the virtual payment card system or digital payment system may be passed through to the City. 17. EXTRA WORK CHARGES 17.01 No changes shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02 City Manager Approval. When the original contract amount plus all change orders is One Hundred Thousand Dollars ($100,000) or less, the City Manager or his designee may approve the written change order in accordance with 17.03 below, provided the change order does not increase the total amount set forth in the Contract to more than One Hundred Thousand Dollars ($100,000). For such contracts, when a change order results in a total contract amount that exceeds One Hundred Thousand Dollars ($100,000), the City Council of the City must approve such change order prior to commencement of the services or work. n17.03 For "Extra Work", as defined in this Agreement and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original Contract price may not be increased by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non -included cost. OR: 17.03 For construction contracts funded in whole or in part by Certificates of Obligations, for "Extra Work," as defined in this Agreement and authorized through written change orders, and pursuant to Section 271.060 of the Texas Local Government Code, a contract with an original contract price of $1 million or more may not be increased by more than twenty-five percent (25%). If a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than $1 million increases the Contract Amount to $1 million or more, subsequent change orders may not increase the revised Contract Amount by more than twenty-five percent (25%). Written change orders may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 17 Page 37 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 18 Page 38 of 358 (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, workers' compensation, and all other insurance as may be required by law or ordinances or required and agreed to by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1) No indirect or consequential damages will be allowed. (2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned man loading to actual man loading, or any other analysis that is used to show damages indirectly. (3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01 The date of beginning, the time for Substantial Completion and Final Completion of Work as specified in this Agreement are of the essence of this Agreement. 18.02 The Work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post -award conference. 18.03 The Work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04 The Work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 39 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page20 Page 40 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 121 Page 41 of 358 that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 As a result of the difficulty in estimation, calculation and ascertainment of City's damages due to a failure of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the Work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Section 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of See milestones and no /100 DOLLARS ($ 0.00 ) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01 The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02 The Contractor shall take the necessary precautions to protect any areas adjacent to its Work. 24.03 The Work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01 Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (1) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative, and all work will be of good quality, free from faults and defects (other than defects from third parties as set out in Chapter 59 Texas Business and Commerce Code relating to non -critical infrastructure), and in conformance with this Agreement, the other Contract Documents, and recognized industry standards . 25.02 All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03 This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04 Where more than a one (1) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page22 Page 42 of 358 25.05 This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 25.06 Defective Work Discovered During Warranty Period. If any of the Work is found or determined to be either defective, including obvious defects under warranty as set forth in this Section 25, or otherwise not in accordance with this Agreement within one (1) year after the date of the issuance of a certificate of Final Completion of the Work or a designated portion thereof, whichever is longer, or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall nromntly. upon receipt of written notice by the City, correct the defective work at no cost to the City. 25.07 The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08 If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the Work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the Work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09 The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10 The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (1) year after the installation or completion. The one (1) year warranty shall cover all Work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the Work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01 Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02 Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Section 26.01, the Contractor or subcontractor as the case may be shall pay the City sixty dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03 The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable, without discount, no less than once each week. 26.04 No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page23 Page 43 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page24 Page 44 of 358 (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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 25 Page 45 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page26 Page 46 of 358 employee are required. 2. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. 3. Texas must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. (c) Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: "A. Definitions: Certificate of coverage ("certificate') — An original certificate of insurance, a certificate of authority to self -insure issued by the Division of Workers' Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the Work on the project until the Contractor's/person 's Work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in § 406.096 [of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page27 Page 47 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 128 Page 48 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page29 Page 49 of 358 (a) The Contractor shall execute performance and payment bonds for the full Contract Amount and, if required by Contractor's surety to cover increases in the dollar amounts or amount of Work that is increased by a duly authorized change order, Contractor shall secure performance and payment bond riders to increase the dollar amounts and coverages of the performance and payment bonds. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents, which are attached as Exhibit B, together with valid original powers of attorney, at the time of execution of this Agreement by Contractor and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit B. (d) The performance and payment bonds, and any subsequently issued bond riders, shall remain in effect for a period of one (1) year after Final Completion of the Work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02 The Contractor may make such changes and alterations as the City may require in the Work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned, in accordance with the provisions of Article 17. 29. SURETY 29.01 If the Contractor has abandoned the Project or the City has terminated the Contract for cause and the Contractor's Surety, after notice demanding completion is sent, fails to commence the completion of the Work in compliance with this Agreement, then the City at its option may provide for completion of the Work in either of the following manners: (a) The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the Work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. (b) The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the Work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what would have been the cost under this Agreement, such increase together with all of the City's damages due to Contractor's abandonment and/or default, including liquidated damages, as provided pursuant to Section 38, entitled "TERMINATION FOR CAUSE" shall be charged to the Contractor and the surety Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page30 Page 50 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page31 Page 51 of 358 hazards created by the performance of the Work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04 Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in this Agreement, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as defined in this Agreement). In the event Contractor engages in any of the activities prohibited in this Section 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from the activities prohibited in this section 31.04. 31.05 In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06 City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07 It is the Contractor's responsibility to comply with all Environmental Laws (as defined in this Agreement) based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Subchapter 756 of the Tex. Health & Safety Code Ann. §756.022-023, and the requirements of 29 C.F.R., Subpart P — Excavations (sections 1926.650 et. seq.) of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page32 Page 52 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page33 Page 53 of 358 33.03 The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 33.04 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Section 33.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 33.05 The indemnity provisions provided herein shall survive the termination or expiration of this Agreement. 33.06 The indemnification obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers compensation acts, disability benefit acts or other employee benefit acts. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 34. RELEASE 34.01 The Contractor assumes full responsibility for the Work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's Work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 35. PERMITS AND LICENSES 35.01 The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the Work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 36. ROYALTIES AND LICENSING FEES Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 134 Page 54 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page 35 Page 55 of 358 (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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page36 Page 56 of 358 (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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page37 Page 57 of 358 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. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page38 Page 58 of 358 46.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 46.11 Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.12 Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.13 Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.14 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.15 Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. 46.16 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) Boycott Israel. If this Contract is for goods and services subject to § 2270.002 Texas Government Code, Contractor verifies that it (i) does not boycott Israel; and (ii) will not boycott Israel during the term of this Contract; (b) Boycott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Contractor verifies that it (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Contractor herein verifies that it (i) does not boycott energy companies; and (ii) will not boycott energy companies during the term of this Contract. 46.17 Fraud Reporting. To reduce the risk of fraud and to protect the Contractor's financial information from fraud, the Contractor must report to the City in writing at VendorInvoiceEntrvna,cstx.gov if the Contractor reasonably suspects or knows if any of their financial information has been subject to fraudulent activity or suspected fraudulent activity. Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page39 Page 59 of 358 List of Exhibits A. Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule F. Schedule of Values ELLIOTT CONSTRUCTION, LLC CITY OF COLLEGE STATION By: fu ib{t By: City Manager Printed Name: Ben Elliott Date: Title: Niharnhpr Date: 12/29/2025 APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Contract No. 26300233 Construction Agreement Over $50,000 Form 4-20-23 Page40 Page 60 of 358 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 61 of 358 "General Decision Number: TX20250007 09/19/2025 Superseded General Decision Number: TX20240007 State: Texas Construction Type: Heavy Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) Construction Projects Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022: If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022: Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. . Executive Order 13658 generally applies to the contract. . The contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number 0 1 Publication Date 01/03/2025 09/19/2025 * SUTX2011-006 08/03/2011 Page 62 of 358 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) $ 12.56 ** ELECTRICIAN $ 26.35 FORM BUILDER/FORM SETTER Paving & Curb $ 12.94 ** Structures $ 12.87 ** LABORER Asphalt Raker $ 12.12 Flagger $ 9.45 Laborer, Common $ 10.50 Laborer, Utility $ 12.27 Pipelayer $ 12.79 Work Zone Barricade Servicer $ 11.85 PAINTER (Structures) $ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor $ 12.69 Asphalt Distributor $ 15.55 Asphalt Paving Machine $ 14.36 Boom Truck $ 18.36 Broom or Sweeper $ 11.04 Concrete Pavement Finishing Machine $ 15.48 Crane, Hydraulic 80 tons or less $ 18.36 Crane, Lattice Boom 80 tons or less $ 15.87 Crane, Lattice Boom over 80 tons $ 19.38 Crawler Tractor $ 15.67 Directional Drilling Locator $ 11.67 Directional Drilling Operator $ 17.24 Excavator 50,000 lbs or Less $ 12.88 Excavator over 50,000 lbs$ 17.71 Foundation Drill, Truck Mounted $ 16.93 Front End Loader, 3 CY or Less $ 13.04 Front End Loader, Over 3 CY$ 13.21 Loader/Backhoe $ 14.12 Mechanic $ 17.10 Milling Machine $ 14.18 Motor Grader, Fine Grade$ 18.51 Motor Grader, Rough $ 14.63 Pavement Marking Machine$ 19.17 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 Page 63 of 358 Traffic Signal/Light Pole Worker $ 16.00 ** TRUCK DRIVER Lowboy -Float $ 15.66 ** Off Road Hauler $ 11.88 ** Single Axle $ 11.79 ** Single or Tandem Axle Dump Truck $ 11.68 ** Tandem Axle Tractor w/Semi Trailer $ 12.81 ** WELDER $ 15.97 ** WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for Page 64 of 358 this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non -union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non -union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: Page 65 of 358 a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. END OF GENERAL DECISION" Page 66 of 358 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. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 67 of 358 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 68 of 358 PERFORMANCE BOND Bond No. 8056654 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE, Elliott Construction, LLC "Contractor" and the other subscriber hereto , as Principal, hereinafter called Amerisure Mutual Insurance Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Three Million Five Hundred Fiftv-One Thousand Four Hundred Ninetv-Nine and NO /100 Dollars ($ 3,551,499.00 ) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for As described in RFP (CSP) 26-025 Medical District Sewer Interceptor PH II/ PHIII 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. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 69 of 358 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. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 70 of 358 Bond No. 8056654 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) By: Name: Title: Date: '6urisiz2h- )f-t6epe_c January 8, 2026 FOR THE SURETY: ATTEST/WITNESS (SEAL) By: c64k0 Name: Amy Erb (Address of Sy►'rety for Notice) Title: Witness Date: January 8, 2026 By: f ' ; ELLIOTT C I 'j)J TION, LLC By: Name: Title: { pir Date: January 8, 2026 Amerisure Mutual Insurance Company (Full Name of Surety) FOR THE CITY: REVIEWED: 2821 W. 7th Street #500 Fort Worth, Texas 76107 Name: SteveTucker Title: Attorney -in -Fact Date: January 8, 2026 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Date of bonds Hurst be on or after the date of execution by City. Contract No. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 71 of 358 TEXAS STATUTORY PAYMENT BOND Bond No. THE STATE OF TEXAS THE COUNTY OF BRAZOS § § § 8056654 KNOW ALL MEN BY THESE PRESENTS: THAT WE, Elliott Construction, LLC , as Principal, hereinafter called "Principal" and the other subscriber hereto Amerisure Mutual Insurance Company , a corporation organized and existing under the laws of the State of Michigan , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Three Million Five Hundred Fifty -One Thousand Four Hundred Ninety -Nine and NO /100 Dollars ($ 3,551,499.00 ) 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 8th day of January , 20 26 , for As described in RFP (CSP) 26-025 Medical District Sewer Interceptor PH II/ PHIII 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. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 72 of 358 Bond No. 8056654 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) By: Nam e: Title: 5606 704e7 • Date: January 8, 2026 FOR THE SURETY: ATTEST/WITNESS (SEAL) By: /i{1nit44iYVP Name: Amy Erb Title: Witness Date: January 8, 2026 FOR THE CITY: REVIEWED: ELLIOTT CONSTRUCTION, LLC. By: Name: Title: vv..44./ Date: January 8, 2026 Amerisure Mutual Insurance Company (Full Name of Surety) 2821 W. 7th Street #500 Fort Worth, TX 76107 (Address of Su ety for Notice) By: I Name: teverl Tucker Title: Attorney -in -Fact Date: January 8, 2026 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Attorney City Manager NOTE: Date of bonds must be on or after the date of execution by City. Contract No. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 73 of 358 AMERISURE MUTUAL INSURANCE COMPANY AMERISURE INSURANCE COMPANY AMERISURE PARTNERS INSURANCE COMPANY POWER OF ATTORNEY AMERISURE %SURETY KNOW ALL MEN BY THESE PRESENTS: That Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company are corporations duly organized under the laws of the State of Michigan (herein collectively the "Companies"), and that the Companies do hereby make, constitute and appoint: TRACY TUCKER, STEVEN TUCKER, KEVIN J. DUNN, W. LAWRENCE BROWN DOUGLASS A. REED, BENNETT BROWN AND ROBERTA H. ERB of Tucker Agency, Ltd. , its true and lawful Attorney(s)-in Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge, for and on its behalf and as its act and deed, bonds or others writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts or suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED MILLION ($100,000,000.00) DOLLARS This. Power of Attorney is granted and signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company at meetings duly called and held on February 17, 2022. "RESOLVED, that any two of the President & Chief Executive Officer, the Chief Financial Officer & Treasurer, the Senior Vice President Surety, the Vice President Surety, or the General Counsel & Corporate Secretary be, and each or any of them hereby is authorized to execute, a Power of Attorney qualifying the attorney -in -fact named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that President & Chief Executive Officer, Chief Financial Officer & Treasurer or General Counsel & Corporate Secretary each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to anycertificate relating thereto electronically/digitally or by facsimile, and any such Power of Attomey or certificate bearing such electronic/digital or facsimile signatures or electronic/digital or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached; FURTHER RESOLVED, that any work carried out by the attornev-in-fact nursm'ant to this resolution shall be valid and binding upon the Company." ictio `Q) SEAL i21 ., 1968 /'D �'•.d !CMGP�*t?t• By: By: Michael A. Ito, Senior Vice President Surety Aaron Green, Vice President Surety IN WITNESS WHEREOF, Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 7th day of November 20 25 Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company State of Michigan County of Oakland On this 7th day of November 2Q25 before me, a Notary Public personally appeared Michael A. Ito, of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company and Aaron Green of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. KAYL.AlRTON My Commission Expires August 16, 2031 • "1°"c County of Livingston Kay Airton, Notary Public '.! cxich`'•' Acting In the County ol, fila L. L..A1A I, Christopher M. Snaude, the duly elected Chief Financial Officer & Treasurer of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company, do hereby certify and attest that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Companies, which remains in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 8th day of January 2026 NOTARY Christopher M. Spaude, Chief Financial Officer & Treasurer Page 74 of 358 AMERISURE SURETY Texas Important Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Amerisure Surety's toll -free telephone number for information or to make a complaint at: 1-800-257-1900 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 12030 Austin, TX 78711-2030 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 company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company P.O. Box 9098 Farmington Hills, MI 48333-9098 AVISO IMPORTANTE Para obtener informacion o para presentar una queja: Usted puede llamar al niimero de telefono gratuito de Amerisure Surety's para obtener informacion o para presentar una queja al: 1-800-257-1900 Usted puede comunicarse con el Departamento de Se-guros de Texas para obtener informacion sobre com-panias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 12030 Austin, TX 78711-2030 Fax: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS 0 RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro 0 con una reclamacion, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos informativos y no se con-vierte en parte o en condicion del documento adjunto. Page 75 of 358 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 76 of 358 ACCORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT Candice Rau NAME: Tucker Agency, Ltd. I PHONE (817) 336-8520 1 FAX No): (A/C No. Extl: (A/C, P 0 Box 2285 I E-MAIL candice@tuckeragency.com ADDRESS: Ft. Worth INSURED TX 76113 Elliott Construction, LLC PO BOX 3788 Bryan TX 77805-3788 INSURER(S) AFFORDING COVERAGE INSURERA: Amerisure Insurance Company INSURER B : Amerisure Mutual Insurance Company INSURER c : The Hanover Insurance Company INSURER D : INSURER E : INSURER F : DATE (MM/DD/YYYY) 12/08/2025 COVERAGES CERTIFICATE NUMBER: 25-26 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY A A CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER. PRO- JECT POLICY X OTHER: AUTOMOBILE LIABILITY X - ANY AUTO - OWNED AUTOS ONLY HIRED AUTOS ONLY X UMBRELLA LIAR B EXCESS LIAB DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE B OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below LOC SCHEDULED AUTOS NON -OWNED AUTOS ONLY Installation Floater X OCCUR CLAIMS -MADE YIN N CPP21261640101 07/01/2025 07/01/2026 CA21261630101 CU 21261650102 NIA WC 40000650102 RHD M069907 00 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) 07/01/2025 07/01/2026 I BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 07/01/2025 07/01/2026 07/01/2025 07/01/2026 EACH OCCURRENCE AGGREGATE XI STATUTE I OTH- ER NAIC # 19488 23396 22292 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 5,000,000 5,000,000 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 $ 1,000,000 $1,600,000 07/01/2025 07/01/2026 Limit per Disaster $1,600,000 E.L. DISEASE - POLICY LIMIT Limit per Single Location DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The GL and Auto policies include a blanket automatic additional insured endorsement providing additional insured status as required by written contract The GL includes a blanket automatic additional insured endorsement for ongoing and completed operations providing additional insured status as required by written contract. The Umbrella policy includes follow form additional insured wording as required by written contract. The GL, Auto, and Umbrella policies includes primary & non-contributory wording in favor of the additional insured as required by written contract. The GL, Auto, Work Comp, and Umbrella policies include a blanket automatic waiver of subrogation endorsement providing waiver of subrogation status as required by written contract. The policies include an endorsement providing 30 day notice of cancellation (10 for non-payment of premium) to the certificate holder. CERTIFICATE HOLDER CANCELLATION City of College Station PO Box 9960 College Station TX 77842 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 77 of 358 AGENCY CUSTOMER ID: 00001250 LOC #: AC REI AGENCY Tucker Agency, Ltd. POLICY NUMBER CARRIER ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED Elliott Construction, LLC EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes City of College Station Contract for 26-025 Medical District Sewer Interceptor PH II/PHIII Page of ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 78 of 358 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET FLEX ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number CPP21261640101 Policy Expiration Date 07/01/2026 Named Insured Agency Number 0775275 Date 06/16/2024 Policy Effective Date 07/01/2025 Account Number 30011903 Agency Issuing Company ELLIOTT CONSTRUCTION, LLC TUCKER AGENCY, LTD. AMERISURE INSURANCE COMPANY A. SECTION II - WHO IS AN INSURED is amended to add as an additional insured: 1. Any person or organization with whom you have agreed in a "written agreement" that such person or organization be added as an additional insured on this policy, and any other person or organization you are required to add as an additional insured under such "written agreement". 2. If "your work" began under a written letter of intent or written work order, any person or organization who issued the written letter of intent or written work order, but: a. such coverage will apply only for 30 calendar days following the date the written letter of intent or written work order was issued; and b. the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the written letter of intent or written work order. This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. For the purposes of the coverage provided by this endorsement, a "written agreement" means a written contract or written agreement that: 1. requires you to include a person or organization as an additional insured for a period of time during the policy period; and 2. is executed prior to the occurrence of "bodily injury", "property damage", or "personal and advertising injury" that forms the basis for a claim under this policy. The insurance provided by this endorsement does not apply to any person or organization that is specifically listed as an additional insured on another endorsement attached to this policy. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 1 of 3 Page 79 of 358 B. The coverage provided to any person or organization added as an additional insured pursuant to Paragraph A.1 is limited as follows: 1. If the "written agreement" specifically and exclusively requires you to name the person or organization as an additional insured using the ISO CG 20 10 endorsement with edition dates of 11 85 or 10 01, or the ISO CG 20 37 10 01 endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" for that insured by or for you. 2. If the "written agreement" requires you to name the person or organization as an additional insured using the ISO CG 20 10 and or CG 20 37 endorsements without specifically and exclusively requiring the 11 85 or 10 01 edition dates, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. 3. If the "written agreement" requires you to name the person or organization as an additional insured for operations arising out of your work and does not specify an ISO additional insured endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of your acts or omissions, or the acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the sole negligence of the additional insured unless specifically required in the "written agreement". 4. If none of the above paragraphs apply, then the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. However, the insurance afforded to such additional insured only applies to the extent permitted by law. C. The insurance provided to an additional insured under this endorsement does not apply to: 1. "Bodily injury" or "property damage" included in the "products -completed operations hazard" unless the "written agreement" specifically requires such coverage (including by specifically requiring the CG 20 10 11 85). To the extent the "written agreement" requires such coverage for a specified amount of time, the coverage provided by this endorsement is limited to the amount of time required for such coverage by the "written agreement". 2. "Bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: a. The preparing, approving, or failing to prepare or approve: (1) Maps; (2) Drawings; (3) Opinions; (4) Reports; (5) Surveys; (6) Change orders; CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 2 of 3 Page 80 of 358 (7) Design specifications; and b. Supervisory, inspection, or engineering services. D. The limits of insurance that apply to the additional insured are the least of those specified in the "written agreement" or declarations of this policy. Coverage provided by this endorsement for any additional insured shall not increase the applicable Limits of Insurance shown in the Declarations. The limits of insurance that apply to the additional insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. E. With respect to the coverage provided by this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. a. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On any other basis. In addition, this insurance is excess over any self -insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if the "written agreement" requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 3 of 3 Page 81 of 358 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS 1. Additional Definitions Page 9 2. Aggregate Limits Per Location 7 3. Aggregate Limits Per Project 6 4. Blanket Contractual Liability — Railroads 3 5. Broadened Bodily Injury Coverage 10 6. Broadened Knowledge Of Occurrence 8 7. Broadened Legal Liability Coverage For Landlord's Business Personal Property 7 8. Broadened Liability Coverage For Damage To Your Product And Your Work 10 9. Broadened Who Is An Insured 3 10. Co -Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers 4 [see provision 9, Broadened Who Is An Insured, paragraph 2.a.(1)] 11. Contractual Liability — Personal And Advertising Injury 3 12. Damage To Premises Rented To You — Specific Perils and Increased Limit 7 13. Designated Completed Projects — Amended Limits of Insurance 11 14. Extended Notice Of Cancellation And Nonrenewal 8 15. Incidental Malpractice Liability 6 16. Increased Medical Payments Limit 7 17. Mobile Equipment Redefined 9 18. Nonowned Watercraft 3 19. Product Recall Expense 2 20. Property Damage Liability — Alienated Premises 2 21. Property Damage Liability — Elevators And Sidetrack Agreements 2 22. Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care, 2 Custody And Control Of The Insured 23. Reasonable Force — Bodily Injury or Property Damage 10 24. Supplementary Payments 3 25. Transfer Of Rights (Blanket Waiver Of Subrogation) 8 26. Unintentional Failure To Disclose Hazards 8 Includes copyrighted material of Insurance Services Office, Inc. CG70630417 Page 1 of 11 Page 82 of 358 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I — COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement are excess over any valid and collectible insurance (including any deductible) available to the insured, whether primary, excess or contingent (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is changed accordingly). Provisions 1. through 6. of this endorsement amend the policy as follows: 1. PROPERTY DAMAGE LIABILITY — ALIENATED PREMISES A. Exclusion j. Damage to Property, subparagraph (2) is deleted. B. The following paragraph is deleted from Exclusion j. Damage to Property; Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. 2. PROPERTY DAMAGE LIABILITY — ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. 3. PROPERTY DAMAGE LIABILITY — PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE INSURED A. Exclusion j. Damage to Property, paragraphs (3) and (4) are deleted.. B. Coverage under this provision 3. does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 4. PRODUCT RECALL EXPENSE A. Exclusion n. Recall of Products, Work or Impaired Property does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of "your product", which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your product(s)" that have no known or suspected defect solely because a known or suspected defect in another of "your product(s)" has been found. B. Under SECTION III — LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 11 CG70630417 Page 83 of 358 a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and b. "Product recall expenses". 8. Subject to paragraph 5. above [of the CGL Coverage Form], $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. 5. NONOWNED WATERCRAFT Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted and replaced with the following: [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 6. BLANKET CONTRACTUAL LIABILITY — RAILROADS Under SECTION V — DEFINITIONS, paragraph c. of "Insured Contract" is deleted and replaced by the following: c. Any easement or license agreement; Under SECTION V — DEFINITIONS, paragraph f.(1) of "Insured Contract" is deleted. 7. CONTRACTUAL LIABILITY — PERSONAL AND ADVERTISING INJURY Under SECTION I — COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Under SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, paragraph 1.b. is deleted and replaced with the following: 1. b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 9. BROADENED WHO IS AN INSURED SECTION II — WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. C. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Includes copyrighted material of Insurance Services Office, Inc. CG70630417 Page 3 of 11 Page 84 of 358 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: (1) "Bodily injury" or "personal and advertising injury': (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or volunteer worker as a consequence of paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in Provision 10. of this endorsement. Paragraphs (1)(a), (1)(b) and (1)(c) above do not apply to your "employees" who are: (i) Managers; (ii) Supervisors; (iii) Directors; or (iv) Officers; with respect to "bodily injury" to a co -"employee". (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 11 CG70630417 Page 85 of 358 f. Any person or organization, including any manager, owner, lessor, mortgagee, assignee or receiver of premises, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises or land leased to you, including common or public areas about such premises or land if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy or lease that premises or land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard." g. h. Any person or organization who is the lessor of equipment leased to you, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person(s) or organization(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No such person or organization, however, is an insured with respect to any "occurrence" that takes place after the equipment lease expires. i. Any architect, engineer, or surveyor engaged by you under a written contract but only with respect to liability arising out of your premises or "your work." However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person only applies to the extent permitted by Subchapter C of the Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No architect, engineer, or surveyor, however, is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph i. does not apply if a separate Additional Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attached to the policy. If the written contract or written agreement requires primary and non-contributory coverage, the insurance provided by paragraphs f. through i. above will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; Includes copyrighted material of Insurance Services Office, Inc. CG70630417 Page 5 of 11 Page 86 of 358 c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed under a written contract to provide insurance is an insured, but only with respect to "bodily injury' or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chemical change in "your product" made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the "your product"; "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This paragraph 4. does not apply to any insured person or organization from which you have acquired "your products", or any ingredient, part, or container, entering into, accompanying or containing "your products". This paragraph 4. also does not apply if a separate Additional Insured endorsement, providing liability coverage for "bodily injury" or "property damage" arising out of "your product" that is distributed or sold in the regular course of a vendor's business, is attached to the policy. 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. g. 10. INCIDENTAL MALPRACTICE LIABILITY As respects provision 9., SECTION II — WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee" does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III — LIMITS OF INSURANCE, provisions 11. through 14. of this endorsement amend the policy as follows: 11. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 11 CG70630417 Page 87 of 358 12. AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract or written agreement. As respects this provision 12., your locations are premises you own, rent or use involving the same or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. However, your locations do not include any premises where you, or others acting on your behalf, are performing construction operations. 13. INCREASED MEDICAL PAYMENTS LIMITS A. SECTION III — LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all the terms of SECTION III — LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. B. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU — SPECIFIC PERILS AND INCREASED LIMIT A. The word fire is changed to "specific perils" where it appears in: 1. The last paragraph of SECTION I — COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a "specific peril" or any combination of "specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III -- LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $1,000,000; or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTION I — COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. E. "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 15. BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD'S BUSINESS PERSONAL PROPERTY Under SECTION I — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, the first paragraph following paragraph (6) is deleted and replaced with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to a landlord's business personal property that is subject to, or part of, a premises lease or rental agreement with that landlord. The most we will pay for damages under this provision 15. is $10,000. A $250 deductible applies. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 16. through 18. of this endorsement amend the policy as follows: Includes copyrighted material of Insurance Services Office, Inc. CG70630417 Page 7 of 11 Page 88 of 358 16. BROADENED KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers," directors, or managers has knowledge of the "occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. f. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 18. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CG70630417 Page 89 of 358 Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. b. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61 st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. c. If notice is mailed, proof of mailing will be sufficient proof of notice. d. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. 20. MOBILE EQUIPMENT REDEFINED Under SECTION V — DEFINITIONS, paragraph 12. "Mobile equipment, paragraph f. (1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight that are not designed for highway use. 21. ADDITIONAL DEFINITIONS 1. SECTION V — DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury," "property damage," or "personal and advertising injury," including "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V — DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of "your product" for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; c. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and Includes copyrighted material of Insurance Services Office, Inc. CG70630417 Page 9 of 11 Page 90 of 358 (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid "bodily injury" or "property damage". 22. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE Under SECTION I — COVERAGE A., paragraph 2. Exclusions, subparagraph a. Expected Or Intended Injury is deleted and replaced with the following: [This insurance does not apply to:] a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 23. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under SECTION I — COVERAGE A., paragraph 2. Exclusions, exclusion k. Damage to Your Product and exclusion I. Damage to Your Work are deleted and replaced 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. For purposes of exclusion k. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. 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 your 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. For purposes of exclusion I. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG70630417 Page 91 of 358 Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we 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 your behalf by a subcontractor. 24. BROADENED BODILY INJURY COVERAGE Under SECTION V — DEFINITIONS, the definition of "bodily injury" is deleted and replaced with the following: 3. "Bodily injury" a. Means physical: (1) Injury; (2) Disability; (3) Sickness; or (4) Disease; sustained by a person, including death resulting from any of these at any time. b. Includes mental: (5) (6) (7) (8) (9) Anguish; Injury; Humiliation; Fright; or Shock; directly resulting from any "bodily injury" described in paragraph 3.a. c. All "bodily injury" described in paragraph 3.b. shall be deemed to have occurred at the time the "bodily injury" described in paragraph 3.a. occurred. 25. DESIGNATED COMPLETED PROJECTS — AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project -specific limits of insurance exceeding the limits of this policy; A. for "bodily injury" or "property damage" that occurs within any policy period for which we provided coverage; and B. for "your work" performed within the "products -completed operation hazard"; and C. for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG 71 94 either during this policy term or a prior policy term; and D. that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose of the project location. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Services Office, Inc. CG70630417 Page 11 of 11 Page 92 of 358 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice 30 For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization The Name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL70450507 Page 93 of 358 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, A.1. Who Is An Insured is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to "accidents" or "loss" that occurred before you acquired or formed the organization; and Coverage does not apply to an organization that is an "insured" under any other policy or would be an "insured" but for its termination or the exhausting of its limit of insurance. e. Any "employee" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) 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. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household. f. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow and while performing duties related to the conduct of your business or your personal affairs. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury" or "property damage"; (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" is leased without a driver; and g• (3) Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 1 of 5 Page 94 of 358 (c) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement. This provision does not apply to "bodily injury" or "property damage" for which an "insured" is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically in excess of this policy. 2. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Under Section II - LIABILITY COVERAGE, A.2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced as follows: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION II - LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers, managers, supervisors or above. Coverage is excess over any other collectible insurance. b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of paragraph a. above. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's" name, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the Declarations, Item Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions. paragraph b. Loss Of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contractor agreement. We will pay for loss of use expenses if caused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 CA 71 1811 09 Page 95 of 358 (2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision, only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $2,000. C. Under SECTION IV— BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, paragraph b. is replaced by the following: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employees" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. LOAN OR LEASE GAP COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto", less: (a) The amount paid under the Physical Damage Section of the policy; and: (b) Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor; and (5) Carry-over balances from previous loans or leases. 6. RENTAL REIMBURSEMENT Under SECTION III - PHYSICAL DAMAGE COVERAGE, AA. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the following: a. Transportation Expenses (1) We will pay up to $75 per day to a maximum of $2,000 for transportation expense incurred by you because of covered "loss". We will pay only for those covered "autos" for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered "loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". This coverage is in addition to the otherwise applicable coverage you have on a covered "auto". No deductibles apply to this coverage. Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 3 of 5 Page 96 of 358 (2) This coverage does not apply while there is a spare or reserve "auto" available to you for your operation. 7. AIRBAG COVERAGE Under SECTION III - PHYSICAL DAMAGE, B. EXCLUSIONS, paragraph 3. is deleted and replaced by the following: 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: (1) Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. 8. GLASS REPAIR — WAIVER OF DEDUCTIBLE Section III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9. COLLISION COVERAGE —WAIVER OF DEDUCTIBLE Under Section III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: When there is a loss to your covered "auto" insured for Collision Coverage, no deductible will apply if the loss was caused by a collision with another "auto" insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "accident", claim, "suit" or "loss". Knowledge of an "accident", claim, "suit" or "loss" by your "employees" shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you are a limited liability company) has knowledge of the "accident", claim, "suit" or "loss". Notice should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 11. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the "insured" has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 CA 71 1811 09 Page 97 of 358 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS , B. General Conditions , paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. 13. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of "insured contract" is amended as follows: — The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and — Paragraph H.a. are deleted with respect to the use of a covered "auto" in operations for, or affecting, a railroad. Includes copyrighted material of Insurance Services Office, Inc. CA 71 1811 09 Page 5 of 5 Page 98 of 358 POLICY NUMBER: CA 21261630101 COMMERCIAL AUTO CA 71 65 0911 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY INSURED CONTRACT OR CERTIFICATE This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM The provisions of the Coverage Form apply unless changed by this endorsement. This endorsement identifies person(s) or organization(s) who are "insured" under the Who Is An Insured Provision of the Coverage Form. This endorsement changes the policy on the inception date of the policy, unless another date is shown below. Endorsement Effective: 07/01/2025 Countersigned By: Named Insured: ELLIOTT CONSTRUCTION, LLC (Authorized Representative) (No entry may appear above. If so, information to complete this endorsement is in the Declarations.) 1. Section II — Liability Coverage, A. Coverage, 1. Who Is An Insured is amended to add: Any person or organization with whom you have an "insured contract" which requires: i. that person or organization to be added as an "insured" under this policy or on a certificate of insurance; and ii. this policy to be primary and non-contributory to any like insurance available to the person or organization. Each such person or organization is an "insured" for Liability Coverage. They are an "insured" only if that person or organization is an "insured" under in SECTION II of the Coverage Form. The contract between the Named Insured and the person or organization is an "insured contract". 2. Section IV — Business Auto Conditions, B. General Conditions, 5. Other Insurance, paragraph d. is deleted and replaced by the following for the purpose of this endorsement only: d. When coverage provided under this Coverage Form is also provided under another Coverage Form or policy, we will provide coverage on a primary, non-contributory basis. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 99 of 358 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject to the cancellation provisions of the Coverage Form to which this endorsement is attached, we will not: 1. Cancel; 2. Nonrenew; or, 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least 30 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder; 3. Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection under this Coverage Form. SCHEDULE Name Of Person Or Organization Mailing Address Any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy The address shown for that person or organization in that certificate of insurance IL70660714 Page 100 of 358 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 06-2014) Texas Waiver of Our Right to Recover From Others Endorsement This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium: Insurance Company Countersigned by WC 42 03 04 B (Ed. 06-2014) © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Page 101 of 358 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NONRENEWAL - THIRD PARTY This endorsement modifies insurance provided under the following: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Subject to the cancellation provisions of the Policy to which this endorsement is attached, we will not: 1.Cancel; or 2. Non renew this Policy, except for nonpayment of premium, until we provide at least 30 days written notice of such cancellation or nonrenewal. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation or nonrenewal to the person or organization named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1.Extend any Policy cancellation date; 2.Negate the cancellation as to any insured or any certificate holder; 3.Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4.Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection under this Policy. SCHEDULE Name Of Person Or Organization Mailing Address Any person or organization holding a certificate of insurance The address shown for that person or organization in that issued for you, provided that certificate: certificate of insurance 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy WC 99 06 45 (07 14) Page 102 of 358 (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; and (b) Until your legal representative has been appointed. (4) Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: (1) Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership, maintenance or use of "covered autos": (3) a. You are an insured. b. Anyone else while using with your permission a "covered auto" you own, hire or borrow is also an insured except: (1) The owner or anyone else from whom you hire or borrow a "covered auto". This exception does not apply if the "covered auto" is a trailer or semitrailer connected to a "covered auto" you own. (2) Your "employee" if the "covered auto" is owned by that "employee" or a member of his or her household. Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (3) (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a "covered auto". A partner (if you are a partnership), or a member (if you are a limited liability company) for a "covered auto" owned by him or her or a member of his or her household. (6) "Employees" with respect to "bodily injury" to: (a) Any fellow "employee" of the insured arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or (b) The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph (a) above. c. Anyone liable for the conduct of an insured described above is also an insured, but only to the extent of that liability. 3. Any additional insured under any policy of "underlying insurance" will automatically be an insured under this insurance. Subject to Section III — Limits Of Insurance, if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement, less any amounts payable by any "underlying insurance"; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the "underlying insurance". 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. (5) CU 00 01 0413 © Insurance Services Office, Inc.,2012 Page 11 of 18 Page 103 of 358 POLICY NUMBER: CU 21261650002 COMMERCIAL LIABILITY UMBRELLA CU24031219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT OR CERTIFICATE OF INSURANCE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 9. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CU 24 03 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 104 of 358 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY WRITTEN AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM With respect to any additional insured coverage provided under this policy, or by any endorsement to this policy, SECTION IV — CONDITIONS, paragraph 5. Other Insurance is deleted and replaced by the following: 5. Other Insurance a. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On any other basis. In addition, this insurance is excess over any self -insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if a "written agreement" requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. For the purposes of the coverage provided by this endorsement, a "written agreement" means a written contract or written agreement that: 1. requires you to include a person or organization as an additional insured for a period of time during the policy period; and 2. is executed prior to the occurrence of "bodily injury", "property damage", or "personal and advertising injury" that forms the basis for a claim under this policy. CU 74 67 03 23 Includes copyrighted material of the Insurance Services Offices, Inc with its permission Page 1 of 1 Page 105 of 358 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject to the cancellation provisions of the Coverage Form to which this endorsement is attached, we will not: 1. Cancel; 2. Nonrenew; or, 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least 30 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder; 3. Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection under this Coverage Form. SCHEDULE Name Of Person Or Organization Mailing Address Any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy The address shown for that person or organization in that certificate of insurance IL70660714 Page 106 of 358 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. 26-025 is fully incorporated into this contract by reference. Contract No. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 107 of 358 EXHIBIT E CONSTRUCTION SCHEDULE Substantial completion is 365 days, with Milestones. Contract No. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 108 of 358 Project Milestones 1.INSTALL THE BASELINE B BORE (THE 12" GRAVITY TO THE ROCK PRAIRIE LIFT STATION WILL REQUIRE TEMPORARY REMOVAL AND REPLACEMENT WITH BYPASS PUMPING) - Complete 2 months from NTP: $1.000/dav Liquidate Damaires 2. INSTALL THE BASELINE B GRAVITY LINE- Complete 3 months from NTP: $1.000/dav Liquidated Damaires 3. REMOVE LIFT STATION 3 FROM SERVICE AND GROUT FILL THE 10" FORCE MAIN WITHIN THE ROW, THE CROSSING BEING THE PRIMARY FOCUS- Complete 4 month from NTP: $1.000/davLiauidated Damaves 4.INSTALL THE BASELINE A BORE- Complete 5 months after NTP: .1.000/davLiauidated Damages 5. REMOVE ROCK PRAIRIE LIFT STATION FROM SERVICE AND GROUT FILL THE 6" FORCE MAIN THAT IS WITHIN THE ROW- Complete 6 months after NTP: $1.000/davLiauidated Damages 6. REMAINING SOW OF PROJECT -Complete 12 months after NTP: .500/day Liquidated Damaves Page 109 of 358 EXHIBIT F SCHEDULE OF VALUES Contract No. 26300233 Construction Agreement Over $50,000 Form 04-20-2023 Page 110 of 358 PROPOSAL FORM Date: December 3, 2025 PROPOSAL FROM: Elliott Construction, LLC PROPOSAL TO: City Of College Station 1101 Texas Ave. College Station, TX 77842 The Undersigned proposes to furnish all labor, services, materials, tools and necessary equipment for the construction of the Medical District Sewer Interceptor Phase II and Phase III and to perform the work required for the construction of said Medical District Sewer Interceptor Phase II and Phase III at the location set out by the Plans and Specifications, in strict accordance with the Contract Documents. Please type or write legibly in blue or black ink. A unit price is required for all bid items. If there are discrepancies between unit prices and totals, the unit price will prevail. Please initial all corrections and do not round totals. In submitting this Proposal, it is understood that this Proposal may not be altered or withdrawn for ninety (90) days, and that the Owner has reserved the right to reject any and all Proposals. The Undersigned certifies that this Proposal is made in good faith, without collusion or connection with any other person, persons, partnership, company, firm, association, or corporation offering Proposals on this work, for the following sum or prices to wit: BASE PROPOSAL: Stipulated Total Bid of: ($ 3,551,499.00 CALENDAR DAYS: Total number of calendar days to substantial completion is 365 days. RECEIPT OF ADDENDA I hereby acknowledge receipt of the following Addenda: Addendum 1 CONTRACTOR NAME: J. Ben Elliott CONTRACTOR SIGNATURE: 26-025 RFP (CSP) Medical District Sewer Page 33 of 103 Interceptor Phases II & II Page 111 of 358 Item No. GENERA 1 BID FORM MEDICAL DISTRICT TRUNKLINE PHASE II & 111 CITY OF COLLEGE STATION Bid Opening: Wednesday, December 3, 2025 @ 2:00pm CT Quantity Unit Item Description I Unit Price 1 Mobilization and General Overhead for all Work including Bond, LS $ Insurance and Related Items Subtotal - General SANITARY SEWER - BASELINE A-D Site Preparation including Clearing, Grubbing and Disposing of Vegetation/Debris Erosion and Sedimentation Control As needed to fully comply with TPDES including Post -Construction Hydromulch Seeding and Stabilization of All Disturbed Areas 2 4.6 AC 3 1 LS 4 1 LS 5 ' 1 LS 6 ' 1 LS 7 319 LF 8 ' 2,820 LF 9 1 LS 10 396 LF 11 236 LF 12 28 LF 13 1 LS 14 382 LF 15 1 LS 16 60 LF 17 13 LF 18 238 LF 19 1,395 LF 20 222 LF Furnish, Install, and Maintain Traffic Control Devices and Appurtenances for duration of Construction Project in Accordance with the Texas Manual on Uniform Traffic Control Devices 'Construction Layout, Staking and Cut Sheets 'Bypass Pumping and Sewer Flow Control 24" Sanitary Line Rehab: Remove Existing Line and Replace with 24" ASTM F-679 PS-115 PVC Line with Non -Structural Backfill, with Detector Tape by $ Open Cut, All Depths 21" Sanitary Line: 21" ASTM F-679 PS115 PVC Line with Non -Structural $ Backfill, with Detector Tape by Open Cut, All Depths 'Temporary Dewatering System for 36" pilot tube bore including seal slab $ (See Geotechnical Report Recommendations) 20" Sanitary Line in 36" Casing by Bore: 36" x1/2" Steel Casing with 20" C900 DR25 Certa-Lok Restrained Joint PVC Sewer Line with SS Casing $ Spacers & End Seals, by Laser Guided Articulating Cutting Head Pilot Tube Bore, All Depths 20" Sanitary Line in 36" Casing: 36" x1/2" Steel Casing with 20" C900 DR25 Certa-Lok Restrained Joint PVC Sewer Line with SS Casing Spacers & $ End Seals, Cement Stabilized Sand Backfill, Detector Tape by Open Cut, All Depths 20" Sanitary Line: 20" C900 DR25 Certa-Lok Restrained Joint PVC Sewer Line with Non -Structural Backfill, with Detector Tape by Open Cut, All $ Depths 12" Temporary Sanitary Line: Include all costs associated with existing 12" gravity line temprorary removal and replacement, manhole B8 tie in, $ bypass pumping, etc to allow Baseline B bore to be installed prior to Baseline B gravity line construction. 18" Sanitary Line in 30" Casing by Bore: 30" x1/2" Steel Casing with 18" C900 DR25 Certa-Lok Restrained Joint PVC Sewer Line with SS Casing $ Spacers & End Seals, by Laser Guided Articulating Cutting Head Pilot Tube Bore, All Depths Temporary Dewatering System for 30" pilot tube bore including seal slab $ (See Geotechnical Report Recommendations) 18" Sanitary Line in 30" Casing: 30" x1/2" Steel Casing with 18" C900 DR25 Certa-Lok Restrained Joint PVC Sewer Line with SS Casing Spacers & $ End Seals, Cement Stabilized Sand Backfill, Detector Tape by Open Cut, All Depths 18" Sanitary Line Certa-Lok: 18" C900 DR25 Certa-Lok Restrained Joint PVC Sewer Line with Non -Structural Backfill, with Detector Tape by Open $ Cut, All Depths 18" Sanitary Line Rehab: Remove Existing Line and Replace with 18" ASTM F-679 PS115 PVC Line with Non -Structural Backfill, Detector Tape by $ Open Cut, All Depths 18" Sanitary Line: 18" ASTM F-679 PS115 PVC Line with Non -Structural I $ Backfill, with Detector Tape by Open Cut, All Depths 10" Sanitary Line: 10" ASTM D-3034 SDR-26 PVC Line with Non -Structural I I$ Backfill, Detector Tape by Open Cut, All Depths 1 $ 115,000.00 $ 6,500.00 $ 28,000.00 $ 50,000.00 $ 5,000.00 $ 30,000.00 $ 150.00 125.00 $ 10,000.00 $ 1,600.00 $ 650.00 $ 200.00 $ 20,000.00 $ 1,430.00 $ 10,000.00 $ 560.00 $ 175.00 $ 120.00 $ 118.00 $ 105.00 $ Total 115,000.00 115,000.00 29,900.00 28,000.00 50,000.00 5,000.00 1 30,000.00 47,850.00 352,500.00 10,000.00 633,600.00 153,400.00 5,600.00 20,000.00 546,260.00 10,000.00 33,600.00 2,275.00 28,560.00 164,610.00 23,310.00 Page 1 of 4 Page 112 of 358 Item Quantity No. 21 40 LF 22 24 LF 23 11 EA 24 1 EA 25 1 EA 26 4 EA 27 1 EA 28 13 EA 29 1 LS 30 1 LS 31 1 LS 32 401 SY 33 7,084 LF 34 1,798 LF 35 2 EA 36 1 EA 37 2 EA 38 4 EA 39 1 EA 40 14 SY 41 1 EA 42 1 LS 43 390 LF 44 1 LS 45 5,395 LF 46 6,173 LF 47 300 TON Unit BID FORM MEDICAL DISTRICT TRUNKLINE PHASE II & I11 CITY OF COLLEGE STATION Bid Opening: Wednesday, December 3, 2025 @ 2:00pm CT Item Description Unit Price Total 10" Sanitary Line in 18" Casing: 18" x3/8" Steel Casing with 10" D-2241 SDR-26 Certa-Flo Restrained Joint PVC Sewer Line with SS Casing Spacers & End Seals, Cement Stabilized Sand Backfill, with Detector Tape by Open $ 330.00 $ 13,200.00 Cut, All Depths 8" Sanitary Line: 8" ASTM D-3034 SDR-26 PVC Line with Non -Structural Backfill, Detector Tape by Open Cut, All Depths $ 85.00 $ 2,040.00 15' Manhole: Standard Pre -Cast Concrete Manhole, All Depths $ 8,300.00 $ 91,300.00 15' Drop Manhole: Standard Pre -Cast Concrete Internal Drop Manhole, All Depths $ 8,600.00 $ 8,600.00 6' Manhole Rehab: Remove Existing Manhole and Replace with 6' Standard Pre -Cast Concrete Manhole Al, Demo Existing Vent, Connect $ 12,600.00 $ 12,600.00 existing lines with Fernco adapters, All Depths ITie into Existing Manhole Watertight Cover for Manhole Manhole ID Sign IDemo Existing Lift Station 2 Demo Existing Lift Station 3 including wet well tie-in and manhole conversion Demo Existing Rock Prairie Lift Station Dry Rip -Rap Channel Lining, 501b min pieces, final installed thickness of 18" and woven geotextile fabric underlayment, per TxDOT item 432 Clean and Grout Fill Existing 6" force main including plugging ends, All Depths Clean and Grout Fill Existing 10" force main including plugging ends, All Depths Plug Existing 8" Force Main at Existing manhole Demo Existing Manhole In Place, Remove to 3' below grade, Fill with Sand, All Depths Demo Existing Air Release Valve Manhole In Place, Remove to 3' below grade, Fill with Sand, All Depths Demo Existing Valve Riser, ETC to 3' below grade Water/Sewer Crossing Sidewalk Repair Sidewalk Closed Sign Protect or Remove and Replace 36" HDPE storm sewer as required Remove and Replace Existing Barbed Wire Fence 16' Tube Gate with H Bracing Trench Safety Systems for Gravity Line TV Inspection of All New Gravity Sanitary Sewer Lines Including Cleaning of Pipe, All Sizes and Depths Gravel Bedding for Trench Dewatering Systems only to be used as authorized Subtotal - Baseline A-D 2,800.00 $ 11,200.00 1,500.00 $ 1,500.00 185.00 $ 2,405.00 30,000.00 $ 30,000.00 36,800.00 $ 36,800.00 35,100.00 $ 35,100.00 100.00 I $ 40,100.00 10.00 $ 70,840.00 12.00 $ 21,576.00 500.00 $ 1,000.00 1,500.00 $ 1,500.00 1,300.00 $ 2,600.00 200.00 $ 800.00 2,000.00 $ 2,000.00 125.00 $ 1,750.00 600.00 $ 600.00 2,200.00 $ 2,200.00 10.00 $ 3,900.00 3,600.00 $ 3,600.00 3.00 $ 16,185.00 $ 5.00 $ 30,865.00 $ 85.00 $ 25,500.00I $ 2,644,226.00 Page 2 of 4 Page 113 of 358 Item No. Quantity Unit BID FORM MEDICAL DISTRICTTRUNKLINE PHASE II & III CITY OF COLLEGE STATION Bid Opening: Wednesday, December 3, 2025 @ 2:00pm CT Item Description SANITARY SEWER - BASELINE E 48 1.5 AC Site Preparation including Clearing, Grubbing and Disposing of $ Vegetation/Debris Erosion and Sedimentation Control As needed to fully comply with TPDES 49 1 LS including Post -Construction Hydromulch Seeding and Stabilization of All $ Disturbed Areas 50 1 LS (Construction Layout, Staking and Cut Sheets 51 1 LS (Bypass Pumping and Sewer Flow Control I$ I$ 52 2,760 LF 12" Sanitary Line: 12" ASTM D-3034 SDR-26 PVC Line with Non -Structural Backfill, Detector Tape by Open Cut, All Depths 53 12" Sanitary Line. Structural: 12" ASTM D-3034 SDR-26 PVC Line with Cement Stabilized Sand Backfill, Detector Tape by Open Cut, All Depths 12" Sanitary Line in 20" Casing: 20" x3/8" Steel Casing with 12" D-2241 SDR-26 Certa-Flo Restrained Joint PVC Sewer Line with SS Casing Spacers 54 250 LF & End Seals, Cement Stabilized Sand Backfill, with Detector Tape by Open Cut, All Depths 12" Sanitary Line in 20" Casing by Bore: 20" xl/2" Steel Casing with 12" D- 55 124 LF 2241 SDR-26 Certa-Flo Restrained Joint PVC Line with SS Casing Spacers & $ End Seals, by Bore, All Depths 56 57 58 59 60 61 62 63 100 LF 367 LF 8 EA 1 EA 1 EA 5 EA 1 LS 594 SY 12" Sanitary Line. Pressure Rated: 12" ASTM D-2241 Class 160 PVC Line with Non -Structural Backfill, Detector Tape by Open Cut, All Depths 4' Manhole: Standard Pre -Cast Concrete Manhole, All Depths I $ Tie into Existing Manhole with lnserta-Tee Drop Connection $ Watertight Cover for Manhole I $ Manhole ID Sign I $ Demo Existing Langford Lift Station including wet well tie-in and manhole I $ conversion Dry Rip -Rap Channel Lining, 50 lb min pieces, final installed thickness of 18" and woven geotextile fabric underlayment, perTxDOT item 432 1 EA I Plug Ex 4" Force Main at Existing manhole 64 2 EA I Water/Sewer Crossing 8" Waterline: Remove Existing Line and Replace with 8" AWWA C900 DR 65 85 LF 14 PVC Waterline, Non -Structural Backfill, Tracer Wire and Detector Tape by Open Cut, all depths 66 67 68 69 70 71 72 73 1 EA 4 EA 1 EA 12 SY 45 SY 3 EA 1,189 LF 1 LS 8" MJ DI Gate Valve and Box 8" MJ DI Bend 8" Wet Connection Crushed Rock Pavement Repair Sidewalk Repair Sidewalk Closed Sign Temporary Construction Fencing Protect or Remove and Replace 12" PVC Storm Sewer (Sheet 31) Unit Price Total 6,500.00 $ 9,750.00 15,000.00 $ 15,000.00 5,000.00 $ 3,000.00 $ 95.00 $ 218.00 $ 21,800.00 5,000.00 3,000.00 262,200.00 360.00 $ 90,000.00 1,080.00 $ 133,920.00 96.00 $ 35,232.00 5,100.00 I $ 40,800.00 16,100.00 $ 16,100.00 1,500.00 $ 1,500.00 185.00 $ 925.00 24,100.00 $ 24,100.00 100.00 $ 59,400.00 800.00 $ 800.00 2,000.00 $ 4,000.00 100.00 $ 8,500.00 2,400.00 $ 2,400.00 785.00 $ 3,140.00 2,000.00 $ 2,000.00 50.00 $ 600.00 125.00 $ 5,625.00 600.00 $ 1,800.00 5.00 $ 5,945.00 1,800.00 $ 1,800.00 Page 3 of 4 Page 114 of 358 BID FORM MEDICAL DISTRICT TRUNKLINE PHASE II & 111 CITY OF COLLEGE STATION Bid Opening: Wednesday, December 3, 2025 @ 2:00pm CT Item No Quantity Unit I Item Description 74 3,477 IF Trench Safety Systems for Gravity Line 75 3,601 LF TV Inspection of All New Gravity Sanitary Sewer Lines Including Cleaning of Pipe, All Sizes and Depths 76 100 TON Gravel Bedding for Trench Dewatering Systems only to be used as authorized Subtotal - Baseline E Total Base Bid CALENDAR DAYS: Total number of calendar days to substantial completion is 365 days. Unit Price I Total $ 3.00 $ 10,431.00 $ 5.00 $ 18,005.00 $ 85.00 $ 8,500.00 $ 792,273.00 $ 3,551,499.00 Page 4 of 4 Page 115 of 358 January 8, 2026 Item No. 7.3. Water Wells #1 & #2 Rehabilitation Project Sponsor: Gary Mechler, Director of Water, Stephen Maldonado, Assistant 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 Wells 1 & 2 rehabilitation project in the amount of $1,237,630; along with a contingency of $123,763; for a total appropriation of $1,361,393. 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 provided by ten City -owned groundwater wells. As part of the Water Services Department's asset management program, these wells undergo routine rehabilitation to maintain and improve production, reliability, and efficiency. The current project includes replacing pump bowls, lowering pumps to greater depths, and installing 600- horsepower motors to extend well life and enhance overall output. This contract covers the rehabilitation of Water Wells #1 and #2 and incorporates the base bid plus alternative bid items 7-A, 8-A, 10-A, 11-A, 12-A, 14-A, 15-A, 16-A, 18-A, 19-A, 20-A, and 22-A. Budget & Financial Summary: Water capital funds are budgeted and available for this contract. Attachments: 1. ITB #26-002 Tabulation 2. Vendor Signed_Contract #26300135 Page 116 of 358 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. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE BASE BID ITEMS A. GENERAL - WATER WELL NO. 1 & WATER WELL NO. 2 Water Well No 1. - Contractor mobilization and demobilization and delivery of service rig and all equipment, materials and personnel to and from Contractor A-1 1 LS office / yard, subcontractors and job site, including bonds, insurance, etc. $7,300.00 Complete as specified. A-2 1 LS Provide performance and payment bonds for Water Well No. 1 $20,965.00 Water Well No 2. - Contractor mobilization and demobilization and delivery of service rig and all equipment, materials and personnel to and from Contractor A-3 1 LS office / yard, subcontractors and job site, including bonds, insurance, etc. $7,300.00 Complete as specified. $7,300.00 $20,965.00 $7,300.00 SUBTOTAL: A. GENERAL B. WATER WELL NO. 1 $35,565.00 B-1 1 LS Conduct and submit a written test report and data for a well and well pumping equipment performance test at 3 pumping rates and discharge pressures to document the baseline field performance prior to beginning work. Remove and inspect existing well motor, well discharge head, pump column assembly (540 feet) and pump bowl, and provide written inspection reports, B-2 1 LS Complete as specified $1,000.00 $46,200.00 $1,000.00 $46,200.00 Bail oil from the well and dispose of properly. Perform a well video survey of entire well depth interval and provide acceptable electronic copies, selected B-3 3 EA video images and written report of each video survey, Complete as specified. $5,000.00 $15,000.00 B-4 1 LS 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, plus restore land surface and grass to as good or better condition that existed prior to work, Complete as specified. $1,950.00 $1,950.00 Perform mechanical cleaning (wire brushing) of the 9-5/8-inch well B-5 40 HR screens, 2,530 to 2,960 feet, 384 feet of screen, Complete as specified. $340.00 $13,600.00 Jet out and remove the fill material and sediment from the bottom of the well, B-6 30 HR Complete as specified. $340.00 $10,200.00 B-7 1 LS B-8 1 LS Perform chlorine treatment of 9-5/8-inch well screens by inserting and agitating chlorine into 9-5/8-inch screens, 2,530 to 2,960 feet, 384 feet of screen, and jet out and neutralize chlorinated water from the well prior to discharge, Complete as specified. 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 corrosion inhibitor or approved equal per 1,000 gallons of acid (all non -toxic for potable wells), 9-5/8-inch screen interval 2,530 to 2,960 feet, 384 feet of screen, 1,950 gallons of HCL acid at minimum 5.0 gallons per foot of 9-5/8-inch screen, Complete as specified. B-9 30 HR Perform airlift pumping, agitation with double disk surge block agitator, and neutralization of chemicals following chemical treatment, Complete as specified. B-10 1 LS B-11 1 LS Perform sonar jetting of 9-5/8-inch screen interval 2,530 to 2,960 feet, Complete as specified. Furnish new vertical turbine, line shaft, permanent pump bowl with design conditions of 3,100 gpm at 565 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, 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 current and future head - capacity performance and efficiency as static head increases over time. $20,840.00 $20,840.00 $36,330.00 $36,330.00 $340.00 $10,200.00 $6,000.00 $6,000.00 $62,460.00 $62,460.00 Page 117 of 358 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. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 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- 1/2-inch diameter oil B-12 33 20-Foot Section tubing, bearings and couplings, Complete as specified. $5,515.00 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 shaft, 3-1/2-inch B-13 1 10-Foot Section diameter oil tubing, bearings and couplings, Complete as specified. $4,950.00 $181,995.00 $4,950.00 B-14 1 LS Furnish and install a new 2-3/16-inch x 3-1/2-inch tension bearing, $2,700.00 nut and plate assembly, Complete as specified. $2,700.00 Furnish new rubber tube stabilizer for 12-inch diameter column pipe and 3-1/2- B-15 34 EA inch diameter oil tubing, Complete as specified. $35.00 $1,190.00 Furnish 1/4-inch stainless steel PVC -wrapped airline and oil -filled B-16 670 FT pressure gauge, with all strapping material and fittings, Complete as specified. $5.00 $3,350.00 B-17 1 LS Sandblast, steam clean, prime and paint (approved color) the existing fabricated steel discharge head and machine and thread a 1- inch diameter hole in the discharge head and install a threaded cap, $1,750.00 $1,750.00 Complete as specified. Install new OWNER provided 600 Hp, WP-1, 1,770 rpm, 460 volt, 3- phase premium efficient electric well motor with new combination motor drive shaft B-18 1 LS and new head shaft nut and gib keys, and any necessary electrical wiring and $8,300.00 $8,300.00 connections, Complete as specified. Install permanent pump bowl at 670 feet, pump column assembly, airline, water - level pipe, well discharge head and electric motor and make all pump and motor B-19 1 LS equipment operational, Complete as specified. $41,600.00 $41,600.00 Furnish and install a new lubricator with 3-gallon capacity reservoir, immersion heater and thermostat, solenoid and flow -regulating valve, Complete as B-20 1 LS specified. $4,600.00 $4,600.00 Chlorinate and disinfect the well pump and well and perform bacteriological B-21 1 LS sampling and analyses (require 3 negative $5,890.00 $5,890.00 bacteriological samples), Complete as specified. Perform independent third party well, pump and motor B-22 1 LS performance test with vibration test and provide written report, Complete as $1,250.00 $1,250.00 specified. B-23 1 LS Well site restoration to restore land surface and grass to as good or better condition than existed prior to work, Provide pre -construction video of the site and adjacent properties, Complete as specified. $1,250.00 $1,250.00 B-24 1 LS Salvage value (credit) for the existing well pump and column assembly when replaced with new equipment $5,250.00 $5,250.00 SUBTOTAL: B. WATER WELL NO. 1 (Subtotal Al + A2 + B) $505,620.00 C. WATER WELL NO. 2 C-1 1 LS Conduct and submit a written test report and data for a well and well pumping equipment performance test at 3 pumping rates and discharge pressures to document the baseline field performance prior to beginning work. C-2 1 LS Remove and inspect existing well motor, well discharge head, pump column assembly (520 feet) and pump bowl, and provide written inspection reports, Complete as specified $750.00 $750.00 $46,200.00 $46,200.00 C-3 3 EA Bail oil from the well and dispose of properly. Perform a well video survey of entire well depth interval and provide acceptable electronic copies, selected video images and written report of each $5,000.00 $15,000.00 video survey, Complete as specified. 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, plus restore land surface and grass to as C-4 1 LS $1,950.00 $1,950.00 good or better condition that existed prior to work, Complete as specified. C-5 40 HR C-6 30 HR C-7 1 LS Perform mechanical cleaning (wire brushing) of the 9-5/8-inch well screens, est. 2,500 to 2,965 feet, 390 feet of screen, Complete as specified. Jet out and remove the fill material and sediment from the bottom of the well, Complete as specified. Perform chlorine treatment of 9-5/8-inch well screens by inserting and agitating chlorine into 9--5/8inch screens, est. 2,500 to 2,965 feet, 390 feet of screen, and jet out and neutralize chlorinated water from the well prior to discharge, Complete as specified. $340.00 $340.00 $13,600.00 $10,200.00 $20,840.00 $20,840.00 Page 118 of 358 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. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE C-8 C-9 C-10 C-11 1 30 1 1 LS HR LS LS C-12 33 20-Foot Section C-13 C-14 C-15 1 1 34 C-16 670 C-17 C-18 C-19 B-21 C-22 C-22 C-23 C-24 1 1 1 1 1 10-Foot Section LS EA FT LS LS LS LS LS LS LS 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 corrosion inhibitor or approved equal per 1,000 gallons of acid (all non -toxic for potable wells), 9-5/8-inch screen interval est. 2,500 to 2,965 feet, 390 feet of screen, 1,950 gallons of HCL acid at minimum 5.0 gallons per foot of 9-5/8-inch screen, Complete as specified. Perform airlift pumping, agitation with double disk surge block agitator, and neutralization of chemicals following chemical treatment, Complete as specified. Perform sonar jetting of 9-5/8-inch screen interval est. 2,500 to 2,965 feet, Complete as specified. Furnish new vertical turbine, line shaft, permanent pump bowl with design conditions of 3,150 gpm at 550 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, Complete as specified. 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- 1/2-inch diameter oil tubing, bearings and couplings, Complete as specified. 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 shaft, 3-1/2-inch diameter oil tubing, bearings and couplings, Complete as specified. Furnish and install a new 2-3/16-inch x 3-1/2-inch tension bearing, nut and plate assembly, Complete as specified. Furnish new rubber tube stabilizer for 12-inch diameter column pipe and 3-1/2- inch diameter oil tubing, Complete as specified. Furnish 1/4-inch stainless steel PVC -wrapped airline and oil -filled pressure gauge, with all strapping material and fittings, Complete as specified. Sandblast, steam clean, prime and paint (approved color) the existing fabricated steel discharge head and machine and thread a 1- inch diameter hole in the discharge head and install a threaded cap, Complete as specified. Install new OWNER provided 600 Hp, WP-1, 1,770 rpm, 460 volt, 3- phase premium efficient electric well motor with new combination motor drive shaft and new head shaft nut and gib keys, and any necessary electrical wiring and connections, Complete as specified. Install permanent pump bowl at 670 feet, pump column assembly, airline, water - level pipe, well discharge head and electric motor and make all pump and motor equipment operational, Complete as specified. Furnish and install a new lubricator with 3-gallon capacity reservoir, immersion heater and thermostat, solenoid and flow -regulating valve, Complete as specified. Chlorinate and disinfect the well pump and well and perform bacteriological sampling and analyses (require 3 negative bacteriological samples), Complete as specified. Perform independent third party well, pump and motor performance test with vibration test and provide written report, Complete as specified. Well site restoration to restore land surface and grass to as good or better condition than existed prior to work, Provide pre -construction video of the site and adjacent properties, Complete as specified. Salvage value (credit) for the existing well pump and column assembly when replaced with new equipment $36,330.00 $340.00 $6,000.00 $62,460.00 $5,515.00 $4,950.00 $2,700.00 $35.00 $5.00 $1,750.00 $8,300.00 $43,800.00 $4,600.00 $5,890.00 $1,250.00 $2,500.00 -$5,250.00 $36,330.00 $10,200.00 $6,000.00 $62,460.00 $181,995.00 $4,950.00 $2,700.00 $1,190.00 $3,350.00 $1,750.00 $8,300.00 $43,800.00 $4,600.00 $5,890.00 $1,250.00 $2,500.00 -$5,250.00 SUBTOTAL: B. WATER WELL NO. 2 (Subtotal A3 + A4 + C) TOTAL BASE BID AMOUNT (Subtotals A. + B. + C.) ADDITIVE ALTERNATE BID ITEMS WATER WELL NO. 1 ALTERNATES OR WATER WELL NO. 2 ALTERNATES $487,855.00 $993,475.00 1-A 10 HR Contractor service rig, equipment & personnel rate, Complete, for time for additional work approved by the Owner for this project. $680.00 $6,800.00 Page 119 of 358 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. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 1-A 50 GALS 15% Hydrochloric Acid and specified additives for acid volume more or less than specified in Item No. B-8 or C-8, Complete as specified. $10.00 Sound the depth of the gravel pack outside the top of the existing 9- inch blank 2-A 1 LS $1,360.00 liner, Complete as specified. 3-A 15 FT3 4-A 4 HR If needed and approved, add gravel pack outside the top of the existing 9-inch blank liner, Complete as specified. 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. $125.00 $500.00 $1,360.00 $1,875.00 $250.00 $1,000.00 Furnish, install and remove min. 1,000 gpm temporary test pump bowl, testing 5-A 1 LS $29,950.00 equipment and materials, Complete as specified. 6-A 8 HR Perform specified, well pumping test with the temporary test pump bowl, equipment and materials and provide written testing records and data, Complete as specified. $29,950.00 $410.00 $3,280.00 SUBTOTAL: 1A-6A $44,765.00 WATER WELL NO. 1 ALTERNATES 7-A 1 EA 8-A 1 EA 9-A 1 LS 10-A 1 LS 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 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 Machine holes in the existing well discharge head for the airline, water -level measuring pipe and any other accessories, Complete as specified. Furnish and install new fabricated steel discharge head with 4 lifting lugs and correct discharge sized for well 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. Furnish new vertical turbine, line shaft, permanent pump bowl with design conditions of 2,700 gpm at 550 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 11-A 1 LS stainless steel cone strainer, Complete as specified. 12-A 1 LS 13-A 1 LS 14-A 1 LS Recondition the existing 500 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. Provide the existing motor to the OWNER unlerss directed otherwise by the OWNER. Furnish and install new 500 Hp, WP-I, 1,770 rpm, 460 volt, 3-phase premium efficient electric motor with new combination motor drive shaft and new head shaft nut and gib keys, and any necessary electrical connections, Complete as specified. Furnish and install a new immersion heater and thermostat in the existing lubricator, Complete as specified. $5,000.00 $6,005.00 $600.00 $16,100.00 $58,600.00 $35,920.00 $5,000.00 $6,005.00 $600.00 $16,100.00 $58,600.00 $35,920.00 $93,940.00 $93,940.00 $1,800.00 $1,800.00 SUBTOTAL: 7A-14AI $217,965.00 WATER WELL NO. 2 ALTERNATES Page 120 of 358 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. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 15-A 1 EA 16-A 1 EA 17-A 1 LS 18-A 1 LS 19-A 1 LS 20-A 1 LS 21-A 1 LS 22-A 1 LS Furnish and install new cast iron pump bowl stage to meet final pump design conditions that are different than specified in Bid Item No. C-11, Complete as specified Furnish and install new ductile iron pump bowl stage to meet final pump design conditions that are different than specified in Bid Item No. C-11, Complete as specified Machine holes in the existing well discharge head for the airline, water -level measuring pipe and any other accessories, Complete as specified. Furnish and install new fabricated steel discharge head with 4 lifting lugs and correct discharge sized for well 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 Furnish new vertical turbine, line shaft, permanent pump bowl with design conditions of 2,500 gpm at 535 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) Recondition the existing 450 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 Furnish and install new 450 Hp, WP-I, 1,770 rpm, 460 volt, 3-phase premium efficient electric motor with new combination motor drive shaft and new head shaft nut and gib keys, and any necessary electrical connections, Complete as specified. Furnish and install a new immersion heater and thermostat in the existing lubricator, Complete as specified. SUBTOTAL:15A-22A TOTAL BASE BID AMOUNT +ALL ALTERNATES $6,050.00 $7,260.00 $600.00 $16,100.00 $58,600.00 $30,920.00 $92,690.00 $1,800.00 $214,020.00 $1,470,225.00 $6,050.00 $7,260.00 $600.00 $16,100.00 $58,600.00 $30,920.00 $92,690.00 $1,800.00 Total number of calendar days to substantial completion is 150 days. Additive Alternate Bid Items Total Base Bid Selected kternates Total Base Bid Total Base Bid + Selected Alternates $476,750 $993,475 $244,155 $993,475 $1,237,630 Page 121 of 358 vp- Ci n of CO3 L W'. SIM EO CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: 26300135 PROJECT #: WA2502 BID/RFP/RFQ#: 26-002 Project Name / Contract Description: Wells 1 & 2 Pump Drop/Construction Contract Name of Contractor: Weisinger, Inc. CONTRACT TOTAL VALUE: $ 1,237,630 Debarment Check Section 3 Plan Incl. NEW CONTRACT Yes Yes No No • RENEWAL # N/A N/A Grant Funded Yes No ■ If yes, what is the grant number:) Davis Bacon Wages Used Buy America Required Transparency Report Yes Yes Yes No No CHANGE ORDER # OTHER No N/A N/A N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) A budget of $1,650,000 is included for this project in the Water Capital Improvement Projects Fund. A total of $255,401 has been expended or committed to date, leaving a balance of $1,394,599 for this contract. (If required) * CRC Approval Date*: N/A Council Approval Date*: 01/08/26 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: WU Performance Bond: BW Payment Bond: BW Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO ,bu In Q. (-cuSt LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (if applicable) N/A CITY SECRETARY (if applicable) 9.12.23 UPDATED 12/29/2025 12/29/2025 12/29/2025 DATE DATE DATE DATE DATE DATE Page 122 of 358 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 26-002 Water Wells 1 & 2 Pump Drop 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted. 1.02 City. The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 City's Consultant. The term "City's Consultant" or "Consultant" shall mean and be understood as referring to the City's design professional(s) for the Project. 1.04 City's Representative. The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent. 1.05 Contingency Amount. The term "Contingency Amount" shall mean and be understood as referring to the amount established and appropriated by the City, to be used exclusively by the City and in the City's sole discretion, to pay City -authorized costs associated with Change Orders and other related expenses for this Project. The Contractor agrees that the Contingency Amount, if any, is established by and is for the sole use of the City, that the Contingency Amount is not included in the Contract Amount, and that the Contractor has no right to use or receive any Contingency Amount unless authorized by the City in a written and duly authorized change order. The City's Contingency Amount is: One Hundred Twenty -Three Thousand Seven Hundred Sixty -Three and NO /100 Dollars ($ 123,763 ). 1.06 Contract Amount. The term "Contract Amount" shall mean the amount of Contractor's lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor's Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in consideration of the Contractor's final completion of all Work in conformity with this Agreement, the City shall pay the Contractor an amount not to exceed: One Million Two Hundred Thirty -Seven Thousand Six Hundred Thirty and NO /100 Dollars ($ 1,237,630.00 ). 1.07 Contract Documents. The term "Contract Documents" shall mean those documents listed in Section 2.01. 1.08 Contractor. The term "Contractor" shall mean the person(s), partnership, or corporation who has agreed to perform the Work contemplated in this Agreement and the other Contract Documents. 1.09 Contractor's Proposal. The term "Contractor's Proposal" shall mean the document provided by the Contractor in response to, and shall include all information required by the City's Request for Proposal/Invitation to Bid for the Project. Contract No. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page 1 Page 123 of 358 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 Protect. 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. 1.1S Project Manag . 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. 26300135 Construction Agreement Over $50.000 Fonn 4-20-23 Page Page 124 of 358 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 Substantialit, 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 stilt 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"). (I) Plans. (g) Instructions to Bidders and any other notices to Bidders or Contractor. (b) 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, 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page Page 125 of 358 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page 4 Page 126 of 358 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 niay 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 tunes 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page5 Page 127 of 358 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 enors, 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. 26300135 Construction Agreement Over $50,000 Fonn 4-20-23 Page 16 Page 128 of 358 (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. (1) 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 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page ; 7 Page 129 of 358 (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the Work is not in accordance with the approved Construction Schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03 The process of approving the Construction Schedule and updates to the Construction Schedule shall not constitute a warranty by the City that any non -Contractor milestones or activities will occur as set out in the Construction Schedule, Approval of the Construction Schedule does not constitute a commitment by the City to furnish any City -furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the City of any delays or potential delays. In the event the Construction Schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any adjustment to the Construction Schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04 The Contractor shall also prepare a submittal schedule promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Consultant's approval. The Consultant's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (i) be coordinated with the Contractor's Construction Schedule; and (ii) allow the Consultant reasonable time to review submittals_ If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals, 10.05 In the event the City determines that the performance of the Work, as of a Milestone Date or otherwise, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime; (ii) supplying additional manpower, equipment, and facilities; and (iii) other similar measures (hereinafter referred to collectively as "Extraordinary Measures")_ Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The City's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the Construction Schedule. (a) The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the City under or pursuant to this Subsection. (b) The City may exercise the rights furnished the City under or pursuant to this Subsection as frequently as the City deems necessary to ensure that the Contractor's performance of the Work wiII 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page 8 Page 130 of 358 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 131 of 358 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page ; 10 Page 132 of 358 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page Page 133 of 358 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 ConsuItant'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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page. [ 12 Page 134 of 358 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 a]] 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 ague and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further, insurance changes required to keep Contractor's insurance in effect shall be the responsibility of Contractor. 14. REJECTED WORK 14.01 All work deemed not in conformity with this Agreement as determined by the City in its sole discretion, may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations, inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the Work in accordance with the requirements of this Agreement and the other Contract Documents. 14.02 If the work or any part thereof is rejected by the City, it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: (a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. (b) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion. Contract No. 26300135 Construction Agreement Over S50,000 Form 4-20-23 Page 113 Page 135 of 358 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 luring 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 Comptrol.ler'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, 26300135 Construction Agreement Over $50,0O0 Form 4-20-23 Pagel i .1 Page 136 of 358 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. El16.04 Retainage. From each approved statement, the City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. OR: 16.04 Retainage. This section has been removed. No retainage will be deducted. 16.05 If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06 Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re -stocking charges actually incurred by the Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07 The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the Work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents- Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09 Unless otherwise provided in the Contract Documents: Contract No.26300135 Construction Agreement Over $50,000 Form 4-20-23 Page j 15 Page 137 of 358 (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 (I) 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) FaiIure 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. (1) 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, a) 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Pagel 16 Page 138 of 358 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 attic 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.O2 City Manager Approval. When the original contract amount plus all change orders is One Hundred Thousand Dollars (S100,000) 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 (0100,000). 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. El17.03 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 f ve percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000 00). Changes in excess of Fifty Thousand Dollars ($50,000 00) must be approved by the City Council prior to commencement of the services or work, Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non -included cost. OR: 17.03 For construction contracts funded in whole or in part by Certificates of Obligations, for "Extra Work," as defined in this Agreement and authorized through written change orders, and pursuant to Section 271.060 of the Texas Local Government Code, a contract with an original contract price of $1 million or more may not be increased by more than twenty-five percent (25%). if a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than $1 million increases the Contract Amount to $1 million or more, subsequent change orders may not increase the revised Contract Amount by more than twenty-five percent (25%). Written change orders may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000 0O). 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Pagel 17 Page 139 of 358 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 pei-fortning 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. (1) 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page 1 18 Page 140 of 358 (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, workers' compensation, and all other insurance as may be required by law or ordinances or required and agreed to by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1) No indirect or consequential damages will be allowed. (2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned man loading to actual man loading, or any other analysis that is used to show damages indirectly. (3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01 The date of beginning, the time for Substantial Completion and Final Completion of Work as specified in this Agreement are of the essence of this Agreement 18.02 The Work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post -award conference. 18.03 The Work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04 The Work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION Contract No. 26300135 Construction Agreement Over $50,O00 Form 4-20-23 1-'agc I Page 141 of 358 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. (h) 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 (I) 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page120 Page 142 of 358 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 lbr 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 Nv, 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page I2! Page 143 of 358 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 (S 1,OOO.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 Iabor 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 he 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 (I) year warranty is specified for individual products, work. or materials. the longer warranty shall govern. Contract No, 26300135 Construction Agreement Over $50.000 Form 4-20-23 Page .'., Page 144 of 358 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 (I) year after the date of the issuance of a certificate of Final Completion of the Work or a designated portion thereof, whichever is longer, or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall promptly. upon receipt of written notice by the City. correct the defective work at no cost to the City. 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 teens of either the warranty or the guarantee. 25.08 If within ten (10) calendar days after the City has notified the Contractor ofa 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 al] 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 (l) 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 (S60.00) 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. 26300135 Construction Agreement Over $50:000 Form 4-20-23 Page 23 Page 145 of 358 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" forth. (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. 26300135 Construction Agreement Over S50,000 Form 4-20-23 Page j 24 Page 146 of 358 (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. 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. (e) 27.05 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) (b) (c) 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. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. 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, 2000135 Construction Agreement Over $50,000 Form 4-20-23 Page G 25 Page 147 of 358 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 terns of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. A]1 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 lire, 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 farce 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 nlust include the navies 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 followin_g Workers' Compensation Insurance requirements shall apply. (a) (b) 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. 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page I26 Page 148 of 358 (c) 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 hem 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. 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 se f insure issued by the Division of Workers' Compensation, or a coverage agreement (DWC-81, DWC-83, or DWG84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the Work on the project until the Contractor's/persons Work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors.' in § 406.096 1-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 foodlbeverage vendors, office supply deliveries, and delivery ofportable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and fling ofany coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 40.1. 011(4 4) 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page f 27 Page 149 of 358 extended E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate ofcoverage, prior to that person beginning work on the project, so the governmental entity will have on file cert fcates 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. 1 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; (Z� 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 an 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. 26300135 Construction Agreement Over S50,000 Form 4-20-23 Page 12 R Page 150 of 358 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 ofcoverage to be provided to the person for whom they are providing services. ,1. By signing this Agreement, or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the Agreement void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity" 27.09 Certificates of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance -approved form, and shall contain the following provisions and warranties: (a) The company is authorized to do business in the State of Texas_ (b) The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Department of Insurance or ISO, (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 andlor 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. 26300135 Construction Agreement Over S50,000 Form 4-20-23 Page 1 2.9 Page 151 of 358 (a) The Contractor shall execute performance and payment bonds for the full Contract Amount and, if required by Contractor's surety to cover increases in the dollar amounts or amount of Work that is increased by a duly authorized change order, Contractor shall secure performance and payment bond riders to increase the dollar amounts and coverages of the performance and payment bonds. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents. which are attached as Exhibit B, together with valid original powers of attorney, at the time of execution of this Agreement by Contractor and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit B. (d) The performance and payment bonds, and any subsequently issued bond riders, shall remain in effect for a period of one (1) year after Final Completion of the Work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02 The Contractor may make such changes and alterations as the City may require in the Work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned, in accordance with the provisions of Article 17. 29. SURETY 29.01 If the Contractor has abandoned the Project or the City has terminated the Contract for cause and the Contractor's Surety, after notice demanding completion is sent, fails to continence the completion of the Work in compliance with this Agreement, then the City at its oration 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 teens 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. 26300135 Construction Agreement Over $50.000 Form 4-20-23 Page130 Page 152 of 358 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 ofthc 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page j 3 l Page 153 of 358 hazards created by the performance of the Work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04 Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in this Agreement. except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as defined in this Agreement). In the event Contractor engages in any of the activities prohibited in this Section 31.04 to the fullest extent permitted by taw, 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 remcdiate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remcdiate 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 arnended. 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page 3'' Page 154 of 358 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 govenyntent 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, waits, etc., caused by the Contractor's personnel or equipment during installation. (e) (1) The removal of all debris related to the Work. 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. 26300135 Construction Agreement Over $50,0 0 Form 4-20-23 Page33 Page 155 of 358 33.03 The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 33.04 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Section 33.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 33.05 The indemnity provisions provided herein shall survive the termination or expiration of this Agreement. 33.06 The indemnification obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers compensation acts, disability benefit acts or other employee benefit acts. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 34. RELEASE 34.01 The Contractor assumes full responsibility for the Work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's Work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 35. PERMITS AND LICENSES 35.01 The Contractor shall secure and pay for all necessary permits and licenses, governmental fees. and inspections necessary for the proper execution and completion of the Work, During this Agreement teen 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. 26300135 Construction Agreement Over $50,000 Fonn 4-20-23 Page 134 Page 156 of 358 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 frorn City's Representative, as City's Representative shall direct; or Contract No. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page j 35 Page 157 of 358 (e) If the Contractor fails for any reason other than the failure by City's Representative to make payments called upon when due; or (I') 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 41.41 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, 26300135 Construction Agreement Over S50.000 Form 4-20-23 Page 13 ti Page 158 of 358 (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. (1) 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 Conn -actor 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. 26300135 Construction Agreement Over $50,000 Form 4-20-23 Page 37 Page 159 of 358 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 tiling, 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. 26300135 Construction Agreement Over S50,000 Form 4-20-23 Page 1 38 Page 160 of 358 46.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 46.11 Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof: No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.12 Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.13 Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.14 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.15 Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. 46.16 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) 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 firearrn entity or firearm trade association: and (c) Bovcott Enerav Companies. Subject to § 2274.002 Texas Government Code Contractor herein verifies that it (i) does not boycott energy companies; and (ii) will not boycott energy companies during the term of this Contract. 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 V eniorin 'oiceEn n • rr 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, 26300135 Construction Agreement Over $50,000 Fonn 4-20-23 Page 39 Page 161 of 358 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. By: 24 IAA Printed Name: Scott weisinaer Title: PrPcirdPnt Date: 12/24/2025 Contract No. 26300135 Construction Agreement Over $50,000 Form 4-20-23 CITY OF COLLEGE STATION By: City Manager Date: APPROVED: .,b un, a. tkaiSta City Attorney Date: 12/29/2025 Assistant City Manager/CFO Date: 12/29/2025 Page40 Page 162 of 358 EXHIBIT A DAVIS BACON WAGE RATES Contract No, 26300135 Construction Agreement Over $50.000 Form 04-20-2023 Page 163 of 358 'General Decision Number: TX2e250033 02/07/2825 State: Texas Construction Type: Heavy Dredging Cotntles: Texas Statewide, DREDGING PROJECTS ALONG THE TEXAS GULF COAST AREA INCLUDING ALL PURLIC CHANNELS, HARBORS, RIVERS, TRIBUTARIES AND THE GULF INTRACOASTAL WATERWAYS 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 federa] government that are subject to the Davis -Baron Act itself, but do not apply to contracts subject only to the Davis -Baron Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 3e, 2022: If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on ar after January 30, 2022: • Executive Order 14026 generally applies to the contract. i The contractor must pay all covered workers 8t least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. Executive Order 3365E generally applies to the contract. • The contractor must pay a11J covered workers at least $23,30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours performing on that contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol,gov/whd/govcantracts. Modification Number publication Date B 02/07/2025 SUTX1994-0e2 01/18/1994 The following rates were revised pursuant to 29 CFR 1.6(c)(1) on 02/07/2825. Rates Derrick Operator $ 16.85 •' Dozer Operator . $ 16.85 •' Dredge 1D"" and Over OELKHAND $ 16.85 DREDGE TENDER OPERATOR $ 16.85 FIREMAN ,_.$ 16.85 FIRST ASSISTANT ENGINEER....$ 16.85 LEVERNAN $ 16.85 OILER $ 16.85 SECOND ASSISTANT ENGINEER$ 16.85 SHOREMAN..,....,.. $ 16_85 THIRD ASSISTANT ENGINEER$ 16.85 TRUCK DRIVER $ 16.85 WELDER $ 16.85 Dredge Under 16"" DECKHAHD $ 16.85 .' DREDGE TENDER OPERATOR $ 16.85 *' LEVERMAN $ 16.85 r. OILER $ 16.85 ■c WELDER $ 16.85 •F Hydraulic Dredging FIRST COOK, $ HANDYMAN JANITOR - CABIN PERSON.,$ 16.85 16.85 16.85 .r .. Fringes Page 164 of 358 MESS PERSON $ 16.85 *i SECOND COOK $ 16.85 ii Marsh Buggy Dragline OILER $ 16.85 •* OPERATOR $ 16.8S " 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 (517.75) or 13658 ($13.30). Please see the Mote 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) 11706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Oacon Act for which the contract is awarded (and any solicitation was issued) on or after ]anuary 1, 2017. If this contract is covered by the E0, the contractor must provide employers 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 awn 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 E0 is available at https://+e.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) (Ii1)). The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of Construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", 'UAVG", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-805 07/01/2624. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example Would be Plumbers. 6198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, en in the example, is an internal number used in processing the wage determination. The date, 070S1/2024 in the example, is the effective date of the most current negotiated rate. union prevailing wage rates are updated to reflect all changes over time that are reported to 6HD in the rates in the collective bargaining agreement (COA) governing the classification, Union Average Rate Identifiers The UAVG identifier Indicates that no single rate prevailed for those classifications, but that 100,X of the data reported for the classifications reflected union rates. EXAMPLE: UAV6-0il-0010 01191/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 9010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2824 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, Lo reflect a weighted average of the current rates an the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU" identifier indicates that either a single non -union rate prevailed (as defined in 24 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates Page 165 of 358 reported in the survey for that classification. A$ a weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SNFL2622-907 6/27/2024. 51J indicates the rate Is a single non -union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey en which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, G/27/2024 In the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023.007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2823 Is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 997 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adapted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 20e constitution Avenue, N.W. Washington, OC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHO Branch of Construction Wage Determinations. Requests can be submitted via email to 9CWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, M.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration ran be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator u.5. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board u.S. Department of Labor 26a constitution Avenue, N.W. Washington, DC 20210, END OF GENERAL DECISION" Page 166 of 358 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, coirunensurate with the experience and skill of the worker but not at a rate less than 6O% 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 ofa 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. 26300135 Construction Agreement Over $50,000 Form 04-20-2023 Page 167 of 358 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 26300135 Construction Agreement Over S50,000 Form 04-20-2023 Page 168 of 358 THE STATE OF TEXAS THE COUNTY OF BRAZOS THAT WE, "Contractor" and the other subscriber hereto PERFORMANCE BOND Bond No. S05-69-17 § § § KNOW ALL MEN BY THESE PRESENTS: WRTSTNCFR _ INC , as Principal, hereinafter called Employers Mutual Casualty Company; Union Insurance Comnanv of Providence , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of One Million Two Hundred Thirtv-Seven Thousand Six Hundred Thirty and NO /100 Dollars ($ 1,237,630.00 ) 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 Wells 1 & 2 Pump Drop (WA2502) ITB 26-002 Base bid plus select alternates 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. 26300135 Construction Agreement Over $50,000 Form 04-20-2023 Page 169 of 358 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. 26300135 Construction Agreement Over $50,000 Form 04-20-2023 Page 170 of 358 FOR THE CONTRACTOR: WITNESS: (if not a corporation) By: Name: Title: NV) aq-kt. Taulor Date: January 8, 2026 FOR THE SURETY: ATTEST/WITNESS By: Name: Michael P. Berry Title: Witness Date: January 8, 2026 FOR THE CITY: REVIEWED: ,jduA, Q. A-cust(J City Attorney Bond No. S05-69-17 \-_r b V `'` I,..fl.^.b.b,•�Name: (SEAL) 12/29/2025 Title: P;cfici January 8, 2026 Date: Employers Mutual Casualty Company; Union Insurance Company of Providence (Full Name of Surety) PO Box 1739 Wichita, KS 67201-1739 (Address of Sor Notice) By: Name: John A. Prince Title: Attorney -in -Fact Date: January 8, 2026 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager NOTE: Date of bonds must be on or after the date of execution by City. Contract No. 26300135 Construction Agreement Over $50,000 Form 04-20-2023 Page 171 of 358 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 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 Bid Bond Any and All Bonds 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 attorney -in -fact at any lime and revoke the power and authority given to him or her. Attomeys-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 signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of September , 2022 ,�'j' KAmnissjonTFiY LOVER11DQE October f0, rill, Ott R. Jean, P dent & CEO of Company 1; rman, President & CEO of Comp ies 2, 3, 4, 5 & 6 L__-;(/8/ Todd Strother,Executive Vice President Chief Legal Officer & Secretary of Companies 1, 2, 3, 4, 5 & 6 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. AL Notary Pubiib in and for the State oUlowa CERTIFICATE 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 PowerofAttorney 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 8th day of January 2025 Vice President 7854 (9.22) "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548." Page 172 of 358 THE STATE OF TEXAS THE COUNTY OF BRAZOS THAT WE, called "Principal" and the other subscriber hereto TEXAS STATUTORY PAYMENT BOND Bond No. § § § S05-69-17 KNOW ALL MEN BY THESE PRESENTS: WEISINGER. INC. , as Principal, hereinafter Employers Mutual Casualty Company; i Ini7n insurance Company of Prnvid. rn ,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 One Million Two Hundred Thirtv-Seven Thousand Six Hundred Thirty and NO /100 Dollars ($ 1,237,630.00 ) 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 8th day of January , 20 26 , for Wells 1 & 2 Pump Drop (WA2502) Base bid plus select alternates 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. 26300135 Construction Agreement Over $50,000 Form 04-20-2023 Page 173 of 358 Bond No. S05-69-17 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation WITNESS: (if not a corporation) c Title: Date: January 8, 2026 FOR THE SURETY: ATTEST/WITNESS By: U Name: Michael P. Berry Title: Witness Date: January 8, 2026 FOR THE CITY: REVIEWED: O lA, Q. A-cuSuJ City Attorney (SEAL) • iiiiiiii i tISI Ta �%'•� �u��„0 '�,�'''���y u<< Name: 12/29/2025 Title: Date: ccof` G1/G/ff�frr 13iesi olu4 ¢. January 8, 2026 Employers Mutual Casualty Company; Union Insurance Company of Providence (Full Name of Surety) PO Box 1739 Wichita, KS 67201-1739 (Address of By: r Notice) Name: John A. Prince Title: Attornev-in-Fact Date: January 8, 2026 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager NOTE: Date of bonds must be on or after the date of execution by City. Contract No. 26300135 Construction Agreement Over $50,000 Form 04-20-2023 Page 174 of 358 P.O. Box 712 • Des Moines, Iowa 50306-0712 /EMG 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 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 Bid Bond Any and All Bonds 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 attorney -in -fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company 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 signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of September , 2022 Seals Nyy KATHY L OVERIDQE onnialan NwnIw7i0769 ►dcCwwrthiliantober 10,mif ott R. Jean, P ident & CEO of Company 1; man, President & CEO of Comp ies 2, 3, 4, 5 & 6 Todd Strother,Executive Vice President Chief Legal Officer & Secretary of Companies 1, 2, 3, 4, 5 & 6 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 Stroiher, 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. L. Notary Public in and for the State ofnowa CERTIFICATE 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 8th day of January 2025 Vice President 7854 (9-22) "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548." Page 175 of 358 FN,6F UPANCE IMPORTANT NOTICE To obtain information or to make a complaint: You may call EMC insurance Companies' toll 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.00v 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. IL6044(6.15) AVISO IMPORTANTE Para obtener information o pare presenter una queja: Usted puede ttamar al nirmero de telefono gratuito de EMC Insurance Companies' pars obtener informacidn o pare presenter una queja al: 1-800-223-0562 Usted tambien puede escribir a EMC Insurance Companies: P.O. Box 1739 Wichita, KS 67201-1739 Usted puede comunicarse con el Departamento de Seguros de Texas pare obtener information sobre companies, coberturas, derechos, o quejas at: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, Texas 78714-9104 FAX: (512) 490-1007 Sitio web: www.idi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov DISPUTAS MDR PRIMAS DE SEGUROS 0 RECLAMACIONES: Si tiene una disputa relacionada con su prima de sequro o con una reclamacidn, debe communicarse con el agente primero. Si la disputa no es resuelta, usted puede communicarse con el Departemento de Seguros de Texas. - ADJUNTE ESTE AVISO A SU PoLIZA: Este aviso es solamente pars propbsitos informativos y no se convierte en parte o en condicidn del documento adjunto. Page 1 of 1 Page 176 of 358 EXHIBIT C CERTIFICATES ❑F INSURANCE AND ENDORSEMENTS Contract No.26300135 Construction Agreement Over $50,000 Form 04-20-2023 Page 177 of 358 ACQ L CERTIFICATE OF LIABILITY INSURANCE DATE IAIM1DD(YYYY} 11/17/2025 PRODUCER Adams Risk Management Services, LLC Adams Insurance Service, Inc. 1111 North Loop W, Suite 600 Houston TX 77008 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 poticy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION I5 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). NAIAE cr Jennifer Green PHONE 713-869-8346 {plc. NW E�Si: E-MAIL ADDRESS: jgreendladamslns.COm INSURED Weisinger, Inc. PO Box 909 Willis TX 77378 COVERAGES FAX Ncq713-869-9144 INSURERS] AFFORDING COVERAGE NAtC 0 INSURER A: The Continental Insurance Company L 35289 INsuRERB_Travelers Lloyds Insurance Company 41262 INsuReRC: Valley Forge Insurance Company 20508 INSURER D: Markel American Insurance Company 28932 INsuRER E : North River Insurance Company 21105 INSURER F CERTIFICATE NUMBER:1101585671 REVISION NUMBER: VYEIS!NC-01 THIS 15 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 N REDUCED BY PAID CLAIMS. I'AND bpro POLICY NUMBER iMMIDDIYYYYI I IMMIDDY Exp tie IYYYYt LIMITS C Y Y 7092228275 6/30/2025 6/30/2026 EACH OCCURRENCE $ 1,000.000 CLAIMS. MADE n OCCUR X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER; POLICY X JP Lj LOC OTHER_ C AUTOHIOBILELIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A D E A X LIMSRELLA LIAR X OCCUR EXCESS LIAB CLAIMS -MARE DED I X I RETENTIONS TM non WORKERS CONFERS AT)ON AND EMPLOYERS' LIABILITY ANYFROPRI ETC WPARTNE W EXECUTIVE OFFICERIMEMB ER EXCLUDED? Mandatary IN NH) ii yes, descrtre under DESCRIPTION OF OPERATIONS below B Builders Risk YIN N Y Y 7092228289 Y Y 7092228292 MKLM4EUE101583 5228245548 NIA Y 7092228261 QT-560-8J9264tit-TLC-25 6/30/2025 6/30/2026 tEa accident) BODILY INJURY Per person} ❑AMAPREMISGTES i_Ea 111CNTEO - occwrence1 3 100,000 MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 6/30/2025 s1301zo25 6/30/2025 COMBINED SINGLE LIMIT S 15,000 $1,000,000 $ 2,000,000 S 2,000,000 51,000,000 BODILY INJURY (Per accident) $ PROPERTY DAMAGE {Per acgden) 6/30/2026 EACH OCCURRENCE 6/30/2026 6/30/2026 AGGREGATE 6/30/2025 6/30/2026 S 5,000,00D S 5,000,000 'X STATUTE 1 L ER E.L. EACH ACCIDENT S S 1,000,000 EL. DISEASE -EA EMPLOYEE_ S 1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 6/30/2025 6/30/2026 PROJECTAMOUNT SEE BELOW DESCRIPTION OF OPERATIONS r LOCATIONS r VEHICLES (ACORD 101, Addiltornal Remarks Schedule. may be attached if more space is required) 'BUILDERS RISK POLICY CONTINUED: JOSBITE: $5,000,000 (UNLESS SPECIFIC PROJECT AMOUNT LISTED) 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: S1,000,000 (500-YEAR FLOOD PLAIN) FLOOD DEDUCTIBLE: $25,000 (EXCEPT IN 500-YEAR FLOOD PLAIN) See Attached... CERTIFICATE HOLDER CANCELLATION CITY OF COLLEGE STATION 1101 TEXAS AVENUE COLLEGE STATION TX 77840 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 178 of 358 AGENCY CUSTOMER ID: WEISINC-01 LOC #: ACC) FtC ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Adams Risk Management Services. LLC Weisinger, Inc. PO Box 909 POL!CY NUMBER Willis TX 77378 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM 15 A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE FLOOD DEDUCTIBLE: 5100,000 (500-YEAR FLOOD PLAIN) WINDSTORM/HAIL DEDUCTIBLE: $50,000 INSTALLATION FLOATER Policy Number: 7092242645 The Continental Insurance Company - Policy Dates: 06/30/2025 to 06/30/2026 Policy Limits: $2,500,000 Per Jabsite 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 I5 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 EY WRITTEN CONTRACT. 2) CNA74705XX-BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT. 3) CNA75079XX & CNA74705X)t-WHO 15 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 j 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 ()I -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 PROJECT: WELLS 1 & 2 PUMP DROP / CONTRACT NO.26300135 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD Page 179 of 358 CNA CNA Paramount 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 9. 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 Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's 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 Humiliation 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 CCIP, or Consolidated (Wrap -Up) Insurance Programs CNA74705XX (1-15) Page 1 of 16 Valley Forge Insurance Co. Insured Name: VVeisinger Inc. Policy No: 7092228275 Copyright CNA All Rights Reserved. tncludes copyrighted material of Insurance Services Office, Inc., with its permission. Page 180 of 358 CNA CNA Paramount 1, ADDITIONAL INSUREDS Contractors' General Liability Extension Endorsement 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 while 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 teases 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 (1-15) Page 2 of 16 Valley Forge insurance Co. Insured Name; Wessinger Inc. Policy No: 7092228275 Copyright CNA Alf Rights Reserved. includes copyrighted material of Insurance Services office, Inc., with its permission. Page 181 of 358 CNA CNA Paramount 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 tease. 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. 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 holes, 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 performed 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 15 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Weisinger Inc. copyright CNA All Rights Reserved. Includes copyrighted materiai of Insurance Services Office, inc., with its permission. Page 182 of 358 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 sorely 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 Copyright CNA All flights Reserved. Includes copyrighted material of Insurance Services Office, Inr,., wish its permission. Page 183 of 358 CNA CNA Paramount 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 WORK A. Linder 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 Valley Forge insurance Co. Insured Name: Weisinger Inc. Policy No: 7092228275 Copyright CNA All Rights Reserved. includes copyrighted material or Insurance services Office, Inc., with its permission. Page 184 of 358 CNA CNA Paramount Insured Contract means: 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 there, 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. 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 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 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Policy No: 7092228275 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 185 of 358 CNA CNA Paramount 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. D. 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 toss 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 under 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 (1-15) Page 7 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Wessinger Inc. Copyright CNA All Rights Reserved. includes copyrighted material of insurance Services Office, Inc., with its permission. Page 186 of 358 CNA Paramount 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 1.b.(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 16 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Policy No: 7092228275 Copyright CNA All Rights Reserved. includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 187 of 358 CNA Paramount 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. iii. 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 licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. 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. il. 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; CNA74765XX (1-15) Page 9 of 16 Policy No: 7092228275 Valley Forge Insurance Co. Insured Name: Weisinger Inc.. Copyright CNA Ali Rights Reserved. inciudes copyrighted material of insurance Services Office, inc., with its permission. Page 188 of 358 CNA CNA Paramount 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 aver 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 / PARTNERSHIP / 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 specificatly 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, CCIP, 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 I ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL CNA74705XX (1-15) Page 10 of 16 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Policy No: 7092228275 Copyright CNA All Rights Reserved. includes copyrighted material of Insurance Services office, Inc., with its permission. Page 189 of 358 CNA CNA Paramount 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: 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 That particular part of any properly 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. (6) 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) does 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. C NA74705XX (1-15) Page 11 of 16 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Policy No: 7092228275 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 190 of 358 CNA CNA Paramount Contractors' General Liability Extension Endorsement B. Linder 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 arising 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 wilt 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: (ii) 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: $<insert ($) amounts; 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)(b) 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 Valley Forge Insurance Co. Insured Name: Wessinger Inc, Policy No: 7092228275 Copyright CNA AI Rights Reserved. Includes copyrighted materia4 of Insurance Services orrice, inc., with its permission Page 191 of 358 CNA 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 indirectly 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. CNA74795XX (1-15) Page 13 of 16 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Policy No: 709222827E Copyright CNA All Rights Reserved. includes copyrighted material of Insurance Services Office, inc., with its permission. Page 192 of 358 CNA CNA Paramount Contractors' General Liability Extension Endorsement Notwithstanding the above, there is no coverage for fines or penalties levied or irnposed 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: So 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 d❑ 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 $5,000. 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 S1,000. limit. CNA74705XX (1-15) Page 14 of 16 Valley Forge Insurance Co, Insured Name: Weisinger Inc. Policy No; 7092228275 Copyright CNA All Rights Reserved. Incfudes copyrighted material of Insurance Services Office, Inc., with its permissian. Page 193 of 358 DNA CNA Paramount 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: OCIP. CCIP, 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.1.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. 8. 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 contractor/project 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 snore 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. Copyright CNA Ali Rights Reserved. includes copyrighted material of Insurance services Office. Inc.. with its permission. Page 194 of 358 CNA CNA Paramount 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, CCIP, 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 (1-15) Page 16 of 16 Valley Forge Insurance Co. insured Name: Weisinger Inc. Policy No: 7092228275 Copyright CNA A11 Rights Reserved. lnciudes copyrighted material of insurance Services Office, Inc., with its permssion. Page 195 of 358 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 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 d 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 CG2037; or B. Additional insured coverage with "arising out of language; then paragraph I. above is deleted in its entirety and replaced by the following: WHO I5 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. CNA75079XX (3-22) Page 1 of 3 Valley Forge Insurance Co. Insured Name: Weisinger Inc. Policy No: 7092228275 Copyright CNA Ail Rights Reserved. Page 196 of 358 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, er 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 ail 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 indemnity 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. CNA75479XX (3-22) Page2 of 3 Valley Forge Insurance Co. Insured Name: Wei singer Inc . Policy No: 7092228275 Copyright CNA All Rights Reserved. Page 197 of 358 CNA CNA PARAMOUNT 20020003170346:1M17161 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 CNA75479XX (3-22) Page 3 of 3 Valley Forge Insurance Co Insured Name: Weisinger Inc Policy No: 7092228275 Copyright CNA All Rights Reserved. Page 198 of 358 CNA CNA PARAMOUNT 20020012170366376317076 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 wilt 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) Policy No: 7092228275 Page 1 of 1 Valley Forge insurance Co. Insured Name: Weis inger Inc . Copyright CNA Ali Rights Reseniedincludes copynghted material of insurance Serv+ces Office. Inc., with its permission. Page 199 of 358 CNA Business Auto Policy Policy Endorsement CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUT❑ COVERAGE FORM I. 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 venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective ❑n 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. ❑oes 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 aut❑ coverage. 3. Any person or oryanrzauorl tnat you are requiter.] by a written contract to name as an aoditionai insured is an insured but ❑nty with respect t❑ their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II - WH❑ IS AN INSURE❑ 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 II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2)r 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 Policy Page: 1 of 4 Copyright CNA All Rights Reserved. Includes copyrighted material of the inG!,,vnrP cAruirAc fiffira Ind" 'Ieori with itc normiecinn Page 200 of 358 CNA 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 — Failing 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 III, 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 lease, 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 $75,000, 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 foss 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 Policy Page: 2 of 4 Copyright CNA All Rights Reserved, inctudes copyrighted material of the inc�iranra Snr�,irac flfhro inr. , icprl with it. narmiacinn Page 201 of 358 C'NA The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage an 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 B.G.: 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 of 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 autos 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; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or 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: CNA63359XX (04-2012) The Continental insurance Co. Insured Name: Weisinger Inc. Policy No 7092228289 Policy Page: 3 of 4 Copyright CNA All Flights Reserved. Includes copyrighted material of the Incoranr. Corn,iroc C7ffirn IntFlood ,with itc narmiccinn Page 202 of 358 CNA The following is added to Section IV, Paragraph A.2.a.: (4) Your employees may know of an accident or foss. This will not mean that you have such knowledge, unless such accident or loss is known to you ❑r 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 ❑f your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against ❑thers 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 ❑f payments we make for injury ❑r damage, against any person or ❑rganization for whom or which you are required by written contract or agreement t❑ obtain this waiver from us. This injury or damage must arise ❑ut of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or Toss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.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. ❑. Other lnsurance The following is added to Section IV, Paragraph B.S.: 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.(5).(a). is revised to provide: a. 45 days of coverage in lieu ❑f 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: CNA63359XX (042012) The Continental Insurance Co. Insured Name: Weisinger Inc. Policy No: 7092228289 Policy Page: 4 of 4 °'' Copyright CNA At! Rights Reserved. Includes copyrighted material of the }ncliranrn Carvirac flffira Inr i.carl ,ntiih iic narmiccinn Page 203 of 358 CNA Business Auto Policy Policy Endorsement NOTICE OF CANCELLATION TO CERTIFICATEHOLCERS 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 ❑n that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificatehoiders at least 3❑ 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 Certificateholder an 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, ❑r impose any liability or obligation upon us ❑r the Agent of Record. All other terms and conditions ❑f 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 ❑ate) is shown below, and expires concurrently with said policy Form No CNA6802IXX (02-2013) The Continental Insurance Co. Insured Name: Weisinger Inc. Policy No: 7092228289 Policy Page: 1 of 1 r'nr,' rinhi r'N❑ ❑1i Rinhic Racanrari Page 204 of 358 CNA 1 Weisinger Inc. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS EtiDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. [ ] Specific Waiver Name of person or organization [X] Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver, 2. Operations: 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 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 (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 42 03 04 6 (06-2014) Policy No: 7092228261 Valley Forge Insurance Co. • Page 205 of 358 CNA 1 Weisinger Inc, NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS 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 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 (02-20131 Policy No: 7092228261 Valley Forge Insurance Co. '' CNA All Rights Reserved. Page 206 of 358 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 riot 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,(e) 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 Certificate. 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 shelf 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 ll.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 them 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 Page 207 of 358 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 behalt 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. XXVILSERVICE 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 Page 208 of 358 EXHIBIT D PLANS AND SPECIFICATIONS If the plans and specifications from the RFP/CSP are not physically inserted here, then they are hilly incorporated into this contract by reference. ITB 26-002 is incorporated by reference. Contract No. 26300135 Construction Agreement Over $50,000 Form 04-20-2023 Page 209 of 358 EXHIBIT E CONSTRUCTION SCHEDULE Substantial Completion is 150 days. Contract No. 26300135 Construction Agreement Over S50.000 Form 04-20-2023 Page 210 of 358 EXHIBIT F SCHEDULE OF VALUES Contract No. 26300135 Construction Agreement Over $50,000 Form 04-20-2023 Page 211 of 358 Please type or write legibly in blue or black ink. A unit price is required for all bid items. the unit price will prevail. Please initial all corrections and do not round totals. ITEM QrY UNIT DESCRIPTION BASE BID ITEMS 4. GENERAL - WATER WELL NO. 1 & WATER WELL NO. 2 Water Well No 1. - Contractor mobilization and demobilization and service rig and all equipment, materials and personnel to and from 1 A-1 1 LS office / yard, subcontractors and job site, including bonds, insurance Complete as specified. A-2 1 L5 Provide performance and payment bonds for Water Well No. 1 Water Well No 2. - Contractor mobilization and demobilization and service rig and all equipment, materials and personnel to and from ( A-3 1 15 office / yard, subcontractors and job site, including bonds, insurance Complete as specified. SUBTOTAL: A. GENE B. WATER WELL NO. 1 B-1 1 L5 F Conduct and submit a written test report and data for a well and we equipment performance test at 3 pumping rates and discharge pres document the baseline field performance prior to beginning work. Remove and inspect existing well motor, well discharge head, pump assembly (540 feet) and pump bowl, and provide written inspection B-2 1 LS Complete as specified Bail oil from the well and dispose of properly. Perform a well video entire well depth interval and provide acceptable electronic copies, B-3 3 EA video images and written report of each video survey, Complete as: Furnish, install and remove appropriately sized steel tank(s) and ten proof discharge piping to convey water to discharge point at the we pumping, jetting or testing operations, plus restore land surface and B-4 1 15 good or better condition that existed prior to work, Complete as spe Page 212 of 358 Please type or write legibly in blue or black ink. A unit price is required for all bid items. the unit price will prevail. Please initial all corrections and do not round totals. ITEM Qill UNIT DESCRIPTION Furnish 20-foot section of new 12-inch diameter ( 0.375-inch wall th threaded column pipe, 2-3/16-inch diameter line shaft, 3- 112-inch B-12 33 20-Foot Section tubing, bearings and couplings, Complete as specified. Furnish 10-foot section of new 12-inch diameter (0.375-inch wall thi special threaded column pipe, 2-3/16-inch diameter line shaft, 3-1/: B-13 1 10-Foot Section diameter oil tubing, bearings and couplings, Complete as specified. B-14 1 LS Furnish and install a new 2-3/16-inch x 3-1/2-inch tension bearing, nut and plate assembly, Complete as specified. Furnish new rubber tube stabilizer for 12-inch diameter column pip) B-15 34 EA inch diameter oil tubing, Complete as specified. Furnish 1/4-inch stainless steel PVC -wrapped airline and oil -filled B-16 670 FT pressure gauge, with all strapping material and fittings, Complete a.! B-17 1 L5 Sandblast, steam clean, prime and paint (approved color) the existir steel discharge head and machine and thread a 1- inch diameter hol discharge head and install a threaded cap, Complete as specified. Install new OWNER provided 600 Hp, WP-1, 1,770 rpm, 460 volt, 3- premium efficient electric well motor with new combination motor B-18 1 LS and new head shaft nut and gib keys, and any necessary electrical w connections, Complete as specified. Install permanent pump bowl at 670 feet, pump column assembly, level pipe, well discharge head and electric motor and make all pum 8-19 1 LS equipment operational, Complete as specified. Furnish and install a new lubricator with 3-gallon capacity reservoir, heater and thermostat, solenoid and flow -regulating valve, Complel B-20 1 LS specified. Chlorinate and disinfect the well pump and well and perform bacter B-21 1 LS sampling and analyses (require 3 negative bacteriological samples), Complete as specified. Perform independent third party well, pump and motor Page 213 of 358 Please type or write legibly in blue or black ink. A unit price is required for all bid items. the unit price will prevail. Please initial all corrections and do not round totals. ITEM Q1Y UNIT DESCRIPTION Perform acid treatment of 9-5/8-inch well screens using injection an with a double disk surge block agitator with 15% Hydrochloric Acid ti 21, Napco 224 or Nu Weil-310 liquid enhancer or approved equal an of Rodine 103 acid corrosion inhibitor or approved equal per 1,000 € C-8 1 LS acid (all non -toxic for potable wells), 9-5/8-inch screen interval est. 2,965 feet, 390 feet of screen, 1,950 gallons of HCL acid at minimum 5.0 gallons per foot of 9-5/8-inch screen, Complete as specified. C-9 30 HR Perform airlift pumping, agitation with double disk surge block agita neutralization of chemicals following chemical treatment, Complete specified. Perform sonar jetting of 9-5/8-inch screen interval est. 2,500 to 2,96 C-10 1 LS Complete as specified. Furnish new vertical turbine, line shaft, permanent pump bowl with conditions of 3,150 gpm at 550 feet of total dynamic head (TOH) wit steel pump bowl shaft and bowl coupling with stainless steel collets rings with new 12-inch pump suction pipe (length of 10 feet or less) C-11 1 LS stainless steel cone strainer, Complete as specified. C-12 33 20-Foot Section Furnish 20-foot section of new 12-inch diameter ( 0.375-inch wall th threaded column pipe, 2-3/16-inch diameter line shaft, 3- 1/2-inch c tubing, bearings and couplings, Complete as specified. Furnish 10-foot section of new 12-inch diameter (0.375-inch wall thi special threaded column pipe, 2-3/16-inch diameter line shaft, 3-1/: C-13 1 10-Fast Section diameter oil tubing, bearings and couplings, Complete as specified. C-14 1 LS Furnish and install a new 2-3/16-inch x 3-1/2-inch tension bearing, nut and plate assembly, Complete as specified. Furnish new rubber tube stabilizer for 12-inch diameter column pip( C-15 34 EA inch diameter oil tubing, Complete as specified. Furnish 1/4-inch stainless steel PVC -wrapped airii e an? fylg58pr Please type or write legibly in blue or black ink. A unit price is required for all bid items. the unit price will prevail. Please initial all corrections and do not round totals. ITEM QTY UNIT DESCRIPTION 1-A 50 GALS 2-A 1 LS 3-A 15 FT3 4-A 4 HR 5-A 1 L5 6-A 8 HR 15% Hydrochloric Acid and specified additives for acid volume more specified in Item No. B-8 or C-8, Complete as specified. Sound the depth of the gravel pack outside the top of the existing 9- liner, Complete as specified. If needed and approved, add gravel pack outside the top of the exisi blank liner, Complete as specified. Perform specified, well specific capacity check test of well with the materials and equipment and provide written testing records and di Complete as specified. Furnish, install and remove min. 1,000 gpm temporary test pump be equipment and materials, Complete as specified. Perform specified, well pumping test with the temporary test pump equipment and materials and provide written testing records and di Complete as specified. SUBTI WATER WELL NO.1 ALTERNATES 7-A 1 EA 8-A 1 EA Furnish and install new cast iron purnp bowl stage to meet final pun conditions that are different than specified in Bid Item No. B-11, Cor specified Furnish and install new ductile iron pump bowl stage to meet final p conditions that are different than specified in Bid Item No. B-11, Cor specified Page 215 of 358 Please type or write legibly in blue or black ink. A unit price is required for all bid items. the unit price will prevail. Please initial all corrections and do not round totals. 'ITEM Q7Y UNIT DESCRIPTION 15-A 1 EA 16-A 1 EA 17-A 1 L5 Furnish and install new cast iron pump bowl stage to meet final pun conditions that are different than specified in Bid item No. C-11, Cor specified Furnish and install new ductile iron pump bowl stage to meet final p conditions that are different than specified in Bid Item No. C-11, Cor specified Machine holes in the existing well discharge head for the airline, wa measuring pipe and any other accessories, Complete as specified. Furnish and install new fabricated steel discharge head with 4 lifting Tugs and correct discharge sized for well and machined holes for airl 18-A 1 L5 pipe and any other accessories, plus a short section of new discharg' expansion joint and/or flange(s) to connect the new head and existii 19-A 1 LS 20-A 1 LS 21-A 1 LS 22-A 1 LS Furnish new vertical turbine, line shaft, permanent pump bowl with design conditions of 2,500 gpm at 535 feet of total dynamic head (TI stainless steel pump bowl shaft and bowl coupling with stainless ste and wear rings with new 12-inch pump suction pipe (length of 10 fe, Recondition the existing 450 Hp electric well motor, including: electric motor inspection; steam clean, dip and bake the stator; rew motor stator (if needed and approved); lathe check the motor; repla bearings; balance the motor; replace the sight glass, oil and heaters, Furnish and install new 450 Hp, WP-I, 1,770 rpm, 460 volt, 3-phase F efficient electric motor with new combination motor drive shaft anc shaft nut and gib keys, and any necessary electrical connections, Coi specified. Furnish and install a new immersion heater and thermostat in the e: lubricator, Complete as specified. SUBTO' TOTAL BASE BID AMOUNT+ALL ALTERNATES Total number of calenrk6e4yft93s January 8, 2026 Item No. 7.4. CCWWTP Outfall Project Final Change Order Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a deductive change order with Norman Construction Services, Inc. for $217,729.22 on the Carter Creek Wastewater Treatment Plant Outfall Project. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The City recently completed the replacement of the outfall piping and infrastructure for the Carter Creek Wastewater Treatment Plant for final discharge of treated effluent. Extensive erosion of existing facilities required the inclusion of an allowance to add more fill dirt as needed to accomplish final grading properly and allow for proper surface drainage of storm water. Only a small portion of that allowance was needed, leaving $217,729.22 unused, allowing for this deduction of the contract amount. The project has been completed, and this change order is to reconcile the budget, which has resulted in a savings of $217,729.22 to the City. Budget & Financial Summary: The proposed deductive change order will reduce the encumbered amount by $217,729.22. Attachments: 1. CCWWTP Outfall Change Order 2 Signed Page 217 of 358 CONTRACT & AGREEMENT ROUTING FORM CITY OF CO3 J J •:C E STATION How lima AdA! [Aioerny CONTRACT#: 25300037 PROJECT #: WW2202 BID/RFP/RFQ#: 24-083 Project Name / Contract Description: CCWWTP Outfall Project, replace final effluent discharge pipes and infrastructure. Contract Close Out Name of Contractor: CONTRACT TOTAL VALUE: Norman Construction Services, Inc $ 3,237,031.00 Debarment Check n Yes n No n N/A Section 3 Plan Incl. Yes No N/A NEW CONTRACT n RENEWAL # Grant Funded Yes No ■ If yes, what is the grant number:) Davis Bacon Wages Used Buy America Required Transparency Report Yes Yes Yes No No CHANGE ORDER # 2 OTHER No • N/A N/A N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) The project is now complete and this change order is for recapturing the unused allowances for additional materials. As the project evolved, these additional funds for addtitional fill material were not needed as adequate fill material was available on site. This change order is to reduce the overall contract by $217,729.22 for a new total of $3,019,301.78. (If required)* CRC Approval Date*: N/A Council Approval Date*: 01 /08/26 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: N/A Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO .,bu,lA, Q. (-aAS LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (if applicable) N/A CITY SECRETARY (if applicable) 9.12.23 UPDATED 12/10/2025 12/10/2025 12/10/2025 DATE DATE DATE DATE DATE DATE Page 218 of 358 CHANGE ORDER NO. 2 DATE: 11.24.25 PO No. 25200150-00 PROJECT: WW2202, CCWWTP Outfall Project Contract No. 25300037 RFP/BID/RFQ ITB 24-083 OWNER: City of College Station 300 Krenek Tap Road College Station, Texas 77842 PURPOSE OF THIS CHANGE ORDER: The purpose of this change order is to recapture unused allowance funds from the contract to return to the owner (City). CONTRACTOR: Norman Construction Services, LLC PO Box 223 Wellborn, Texas 77881 ITEM NO 1 UNIT 1 DESCRIPTION Deductive change order for unused allowance funds UNIT ORIGINAL REVISED PRICE QUANTITY QUANTITY ($217,729.22) 0 1 TOTAL ADDED COST ($217,729.22) $0.00 $0.00 ($217,729.22) THE NET AFFECT OF THIS CHANGE ORDER IS -6.73 % DECREASE. LINE 1 SPWOC-6591 TOTAL CHANGE ORDER 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 Council Approved Contingency Contingency used to date Available Contingency for this Change Order ($217.729.22) (217,729.22) $3,237,031.00 $0.00 ($217,729.22) $3,019,301.78 365 Days 14 Days 379 Days 11.1.25 11.15.25 $323,703.00 $0.00 $323,703.00 0 % CHANGE -6.73% % CHANGE -6.73% % TOTAL CHANGE APPROVED N/A A/E CONTRACTOR CONSTRUCTION CONTRACTOR .otA, lkaLL PROJECT MANAGER N/A CITY ENGINEER Date 12/10/2025 Date 12/10/2025 Date Date itAAILirex (it DEPARTMENT DIRECTOR ASST CITY MGR - CFO O lA, I , tk-aistt f CITY ATTORNEY CITY MANAGER 12/10/2025 Date 12/10/2025 Date 12/10/2025 Date Date Page 219 of 358 January 8, 2026 Item No. 7.5. Yield Sign Removal and Stop Sign Installation at Various Locations Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an ordinance amending Chapter 38 "Traffic and Vehicles", Article VI "Traffic Schedules", Section 38-1003 "Traffic Schedule III, Stop Signs" and Section 38-1004 "Traffic Schedule IV, Yield Intersections" of the Code of Ordinances of the City of College Station, Texas, by repealing designated yield controls at various locations and by establishing stop controls at various locations. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends amending the ordinances. Summary: The proposed ordinance updates the City's Traffic Schedules by removing outdated yield controls and establishing consistent stop control at various intersections within the Creek Meadows neighborhood, Mission Ranch neighborhood and other locations. All remaining Yield signs within the Creek Meadows neighborhood will be replaced with Stop signs including Collin Mills Drive, Haskell Hollow Loop, Bandera Bend Drive and Cottonwood Terrace Court. In Mission Ranch, yield signs will be eliminated at the north —south legs of Haskell Hollow Loop and Crosby Creek Court. Stop signs will be added at the east —west legs of those intersections, as well as at the intersection of Register Drive and Haskell Hollow Loop. Other locations also include Lamsburg Lane, James Parkway and Puryear Drive, and Koppe Bridge Road and South Dowling Road. The existing signs were installed as an operational measure. However, those yield signs were never supported by a formal traffic ordinance. As we have reviewed citywide practices and compliance with state requirements, staff is recommending replacing the yield signs with stop signs and adopting the appropriate ordinances. These changes improve intersection clarity by establishing Stop control on terminating streets at three-way intersections and by providing right-of-way priority to drivers traveling on collector streets entering local residential streets. Standardizing signage across the neighborhood reduces driver confusion, creates more predictable traffic movement, and enhances local roadway safety. Budget & Financial Summary: The removal of the "YIELD" signs and the installation of "STOP" signs are accounted for in the Public Works Traffic Signs and Markings operations budget. Attachments: 1. Location Map 2. Sec 38-1003_Sec 38-1004 Ordinance Page 220 of 358 Page 221 of 358 Page 222 of 358 Page 223 of 358 Page 224 of 358 Page 225 of 358 Page 226 of 358 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38 "TRAFFIC AND VEHICLES," ARTICLE VI, "TRAFFIC SCHEDULES," SECTION 38-1003 "TRAFFIC SCHEDULE III, STOP SIGNS", AND AMENDING CHAPTER 38 "TRAFFIC AND VEHICLES," ARTICLE VI, "TRAFFIC SCHEDULES," SECTION 38-1004 "TRAFFIC SCHEDULE IV, YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 38 "Traffic and Vehicles," Article VI, "Traffic Schedules," Section 38-1003 "Traffic Schedule III, Stop Signs" 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: That Chapter 38 "Traffic and Vehicles," Article VI, "Traffic Schedules," Section 38-1004 "Traffic Schedule IV, Yield Intersections" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "B" attached hereto and made a part of this Ordinance for all purposes. PART 3: 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 4: 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 5: 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 227 of 358 ORDINANCE NO. Page 2 of 4 PASSED, ADOPTED and APPROVED this day of , 20. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Ordinance Form 8-14-17 Page 228 of 358 ORDINANCE NO. Page 3 of 4 Exhibit A That Chapter 38 "Traffic and Vehicles," Article VI, "Traffic Schedules," Section 38-1003 "Traffic Schedule III, Stop Signs" is hereby amended by adding the following: Street Intersecting Street Travel Direction Haskell Hollow Loop Crosby Creek Court East Haskell Hollow Loop Crosby Creek Court West Register Drive Haskell Hollow Loop West Collin Mills Drive Haskell Hollow Loop East Bandera Bend Drive Cottonwood Terrance West Court Bison Bend Court Long Creek Lane East Long Creek Lane Crooked Creek Path South Caney Creek Court Cottonwood Creek Lane South High Creek Court Cottonwood Creek Lane South Lodge Creek Court Cottonwood Creek Lane South Crooked Creek Path Cottonwood Creek Lane South Crooked Creek Path Cottonwood Creek Lane North Wild Creek Court Cottonwood Creek Lane South Wild Creek Court Cottonwood Creek Lane North Buffalo Creek Loop Timber Creek Lane East Buffalo Creek Loop Timber Creek Lane North Oak Meadow Grove Cottonwood Creek Lane North (2) Circle Walnut Nook Court Crooked Creek Path West Tiger Creek Court Crooked Creek Path North Koppe Bridge Road S Dowling Road East Lamsburg Lane Robinsville Court North Lamsburg Lane Bridgewater Drive South Lamsburg Lane Brunswick Court North Lamsburg Lane Brunswick Court South James Parkway Puryear Drive West Ordinance Form 8-14-17 Page 229 of 358 ORDINANCE NO. Page 4 of 4 Exhibit A That Chapter 38 "Traffic and Vehicles," Article VI, "Traffic Schedules," Section 38-1004 "Traffic Schedule VI, Yield Intersections" is hereby amended by removing the following: Street Intersecting Street Travel Direction James Parkway Puryear Drive West Lamsburg Lane Robinsville Court North Lamsburg Lane Bridgewater Drive South Lamsburg Lane Brunswick Court North Lamsburg Lane Brunswick Court South Ordinance Form 8-14-17 Page 230 of 358 January 8, 2026 Item No. 7.6. Street Name Change - Church Avenue/Legacy Point Drive Sponsor: Jason Schubert Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an ordinance renaming Church Avenue between University Drive and Legacy Point Drive as Legacy Point Drive. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the proposed street name change. Summary: Redevelopment in the Northgate District has been on -going in earnest over the last two decades. The proposed street name change is needed to help reduce confusion of street names in the area as it continues to build out. Church Avenue spans from Wellborn Road eastward and then intersects University Drive. In 2012, a high-rise at 717 University Drive (The Rise) was constructed and modified the 90-degree curve at the corner of their building into a T-intersection with an all -way stop. In 2013, a mid -rise at 711 Church Avenue (The Stack) was constructed and extended a Public Way named Legacy Point Drive from the all -way stop eastward. Another phase of the property owned by Culpepper Family LP is currently under construction and will extend Legacy Point Drive further east to intersect College Avenue. The developer of the next phase of the Culpepper property, LV Collective, has submitted a request to rename the portion of Church Avenue between University Drive and Legacy Point Drive to Legacy Point Drive. In the attached letter, LV Collective has also committed to covering the costs of street signage changes which will need to occur at University Drive and at the all -way stop. The proposed street name change is depicted graphically on the attached Street Name Changes Exhibit and illustrates the extension of Legacy Point Drive as a dashed line. If adopted, Church Avenue will then terminate at the all -way stop intersection with Legacy Point Drive and Legacy Point Drive will be a continuous public street and public way from University Drive to College Avenue. The owners of the adjacent properties along this section have been notified by letter of the proposed street name changes and informed of its consideration at the January 8, 2026 Council meeting. No properties are addressed off this portion of Church Avenue, so no street addresses will need to change. Staff consulted with the Brazos County 9-1-1 District regarding the proposal and they are in agreement with the street name change. Budget & Financial Summary: The cost for the new street signs to replace the existing street signs has been committed to by LV Collective, developer of the next phase of the Culpepper Family LP property. Attachments: 1. Street Name Request Letter 2. Street Name Change Exhibit 3. Ordinance Page 231 of 358 Page 232 of 358 L� collective July 10, 2025 Mr. Jason Schubert CC: Jeff Howell, Anthony Armstrong Subject: Legacy Point Masterplan Phase 2 - Street rename request I am writing to formally request the renaming of the section of Church Ave. highlighted in yellow in Exhibit A to Legacy Point Dr. As outlined in the Legacy Point Masterplan (Exhibit B), Legacy Point Dr. is designated as a new public way connecting College Ave. to Church Ave. Extending this designation through to University Dr. will enhance vehicular circulation by eliminating the current confusion caused by the intersection of Church Ave. with itself. LV Collective is committed to covering the costs associated with replacing the corresponding street signage required for this change. We appreciate your support on this matter and would now like to proceed with the formal process. Please let us know the necessary steps or documentation required to complete the change. Should you need any additional information, feel free to contact us. Sincerely, Mauricio Visbal Development Manager 512.546.3531 mauricio@lvcollective.com LV Collective 2324 Guadalupe St. #200 Austin, TX 78705 Ivcollective.com Page 233 of 358 L collective LV Collective 2324 Guadalupe St. #200 Austin, TX 78705 Ivcol lective.com Exhibit A: r� 4.1.W•iafft,The Stack at Legacy Point. North Ramparts L. -St'Maryfs Catholic Center lit A MCDonald's Church Ave CVS Pharmacy Treat Yourrself++ ell'^' a• t _ al ., R`+ ebIl ge St Bar Colle a Statio Ron, s Mac Bar Exhibit B: Page 234 of 358 EXISTING NEW COLLEGEIAV IRIRI RI 51I ''�l^�l 1c11111� fI1l�iln ,4 + h1 L 1 yN=�elflnlA� RI HM7.1117114 74;IREIEOIRIR- II ad1�„Lal ,�111 I11116'1lA�R: NAGLE ST CHURCH AVE (kff CITY OF COT.T,FGE STATION PLANNING & DEVELOPMENT Future Street - - - - Existing Street COLLEGEIAV " =. • Il. A " i , et 41 '°O�-9 gllel� I u yn u• ynw� T '�" ,', 1LEGACY POINT DR �M i r J4 " ,1@J !t#I lilt 13#- tUt . Y ill 1E111111 Milli Street Name Change Church Avenue Changing to Legacy Point Drive 0 10 20 40 Miles ORDINANCE NO. AN ORDINANCE RENAMING CHURCH AVENUE BETWEEN UNIVERSITY DRIVE AND LEGACY POINT DRIVE AS LEGACY POINT DRIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the proposed street name change will reduce confusion of the Church Avenue and Legacy Point Drive street configuration in the Northgate District; and WHEREAS, the City Council of the City desires to rename the section of street currently named Church Avenue between University Drive and Legacy Pointe Drive be renamed Legacy Point Drive to support these efforts and as depicted in Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the City strives to maximize efficiency for emergency responders and to maintain street names that are clearly distinguishable from others within the local 9-1-1 service area; and WHEREAS, the proposed street name change is supported by the Brazos County 9-1-1 District; and WHEREAS, an adjacent property owner has committed to pay for the signage costs associated with the proposed street name change; and WHEREAS, the adjacent property owners have been notified of the proposed street name change via mailed letter and no current property addresses will need to change; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the section of street currently named Church Avenue between University Drive and Legacy Pointe Drive be renamed Legacy Point Drive as graphically depicted in Exhibit "A" attached hereto and made a part of this Ordinance for all purposes. PART 2: The City Manager or his designee is authorized to expend funds and to take all measures reasonably necessary to give effect to the street name changes in accordance with this Ordinance. PART 3: 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, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. Ordinance Form 8-14-17 Page 236 of 358 ORDINANCE NO. Page 2 of 3 PASSED, ADOPTED and APPROVED this 8th day of January, 2026. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Ordinance Form 8-14-17 Page 237 of 358 ORDINANCE NO. Page 3 of 3 EXISTING EXHIBIT A NEW =201 11r4 1', COI I -GE AV SHUREH AVE lir 1'11 ruin, III!P t 11•r.. .1 , .ACLE sr Incapr COLLEGE AV 11111.. I H kllstrf uurl,: _ jjf NAGLEST LEGACYo ROI DR (1" CITY' OF COIA.E.GH STATION PLANNING & DEVELOPMENT Street Name Change OChurch Avenue Changing to Legacy Point Drive 0 10 20 Future Street • • - • Existing Street 40 Miles Ordinance Form 8-14-17 Page 238 of 358 January 8, 2026 Item No. 7.7. Resolution - FY 27 VOCA Grant (Victim Services) Sponsor: Billy Couch Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a resolution authorizing the Chief of Police to apply for and accept a grant for the Office of the Governor - VOCA Grant (Victim Services) providing $80,233 in funds for victim services. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommends the resolution is approved and the grant is accepted. Summary: The purpose of the VOCA grant program is to assist in providing services to victims of violent crimes through crisis funding and full-time personnel (Crime Victim Liaisons). Crime Victim Liaisons are also expected to educate the community and other professionals about victim rights and services to be able to help identify crime victims, and provide or refer them to needed services. The grant will cover the balance of the salary and benefits for one of the Crime Victim Liaisons at CSPD. Budget & Financial Summary: The grant budget is $80,233 and requires a 20% cash match. The match of $16,047 is covered by the Office of the Attorney General - VCLG Victim Liaison grant which started September 1st (two-year grant). The grant funds will cover partial salary and benefits for our Crime Victim Liaison and crisis funding for victims. Attachments: 1. FY 27 VOCA Grant Resolution Page 239 of 358 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION AUTHORIZING THE CHIEF OF POLICE TO EXECUTE APPLICATION NECESSARY DOCUMENTS TO SUBMIT TO THE OFFICE OF THE GOVERNOR FOR GRANT FUNDS FOR FUNDING OF ONE FULL-TIME VICTIM SERVICES LIAISON ON BEHALF OF THE CITY AND TO ACT ON ITS BEHALF WITH RESPECT TO ANY ISSUES ARISING DURING THE APPLICATION PROCESS. WHEREAS, the City Council of College Station finds it in the best interest of the citizens of College Station that the College Station Police Department Victim Services be operated for FY 2027; and WHEREAS, the City of College Station agrees to provide applicable matching funds for the VOCA Grant Program as required by the Office of the Governor application; and WHEREAS, the City of College Station agrees that in the event of loss or misuse of the Office of the Governor funds, the City of College Station assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of College Station designates the Chief of Police as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the City of College Station. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of College Station hereby approves the submission of the VOCA Grant Program grant application to the Office of the Governor. PART 1: That the City Council hereby authorizes the Chief of Police as the authorized official to execute documents necessary for the submission of the VOCA Grant Program application, with Application Number 4781104, to the Office of the Governor on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 2: That the Chief of Police as the authorized official is given the power to apply for, accept, reject, alter or terminate the VOCA Grant Program grant application on behalf of the City of College Station. PART 3: That the City of College Station agrees in the event of loss or misuse of the funds, the City of College Station assures the funds will be returned in full. PART 4: That this resolution shall take effect immediately from and after its passage. Page 240 of 358 Resolution No: 2 ADOPTED this day of , 2026. ATTEST: APPROVED: City Secretary APPROVED: City Attorney Mayor Page 241 of 358 January 8, 2026 Item No. 7.8. Resolution authorizing TXDOT Permitting process for Flock Cameras Sponsor: Billy Couch Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a resolution authorizing the City Manager to execute the TXDOT permitting agreement for the installation of Flock ALPR cameras on TXDOT right-of-ways and all documents associated with the MVCPA grant project. Relationship to Strategic Goals: Good governance Recommendation(s): Staff recommends the resolution is approved and the City Manager is authorized to complete all documents related to the project. Summary: TXDOT requires a separate resolution be signed for the multiple -use agreement for the installation of all the automatic license plate reader cameras going into their right-of-ways. These cameras are being provided under the MVCPA (Motor Vehicle Crime Prevention Authority) grant which was previously adopted by the Council. Budget & Financial Summary: The budget for this item is included in an existing FY26 MVCPA budgeted contract. Attachments: 1. TX DOT Permitting Resolution for MVCPA Grant Page 242 of 358 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A MULTIPLE USE AGREEMENT WITH TXDOT FOR THE PLACEMENT OF FLOCK CAMERAS ON STATE RIGHTS OF WAYS (SH 6) PROVIDING THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE THE AGREEMENT AND ANY AND ALL DOCUMENTS ASSOCIATED WITH THE PROJECT. WHEREAS, the City of College Station has requested that the State of Texas, by and through the Texas Department of Transportation (TXDOT), to install Flock ALPR cameras on state rights -of - way. WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City of College Station will enter into agreements with the State for the purpose of determining the respective responsibilities of the City and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City of College Station hereby authorizes the City Manager to enter into a Multiple -Use Agreement with TXDOT for the installation and operation of Flock ALPR cameras in the TXDOT right-of-way. PART 2: This Resolution shall take effect immediately upon adoption. ADOPTED this day of , 2026. ATTEST: APPROVED: City Secretary City Manager APPROVED: City Attorney Page 243 of 358 January 8, 2026 Item No. 7.9. FY 27 State Crisis Intervention Grant Resolution Sponsor: Billy Couch Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding a resolution authorizing the Chief of Police to execute the grant application and any documents necessary to receive grant funding from the Office of the Governor through the Texas State Crisis Intervention Program. Relationship to Strategic Goals: Recommendation(s): Staff recommends signing the resolution to accept the OOG - State Crisis Intervention grant 5118003 Summary: The grant will allow the police department to continue to support two full-time officers to handle mental health crisis calls for service, as well as proactively contact these consumers to ensure they stay out of crisis. This is an effort to reduce strain on patrol, better handle mental health consumers, and refocus some of the police department's efforts on education and threat assessment. The grant covers the full cost of two officer's salaries and benefits, their training, and educational materials for classes they teach. This is potentially the third year we will receive this grant and there may be the option to apply again for FY 28. The success of their program in 2025- 2026 has already helped reduce the number of mental health consumers in crisis. Budget & Financial Summary: No matching funds required. The total award amount , if awarded, is expected to be $313,084. This covers the cost of two full-time officer positions with salary, benefits, and overtime. No additional vehicle is needed. Vehicles were funded on the first year of the grant. Attachments: 1. FY 27 State Crisis Intervention Grant Resolution Page 244 of 358 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION AUTHORIZING THE CHIEF OF POLICE TO EXECUTE APPLICATION NECESSARY DOCUMENTS TO SUBMIT TO THE OFFICE OF THE GOVERNOR FOR GRANT FUNDS FOR FUNDING THROUGH THE TEXAS STATE CRISIS INTERVENTION GRANT PROGRAM ON BEHALF OF THE CITY AND TO ACT ON ITS BEHALF WITH RESPECT TO ANY ISSUES ARISING DURING THE APPLICATION PROCESS. WHEREAS, the City Council of College Station finds it in the best interest of the citizens of College Station that the College Station Police Department Mental Health Crisis Response Team project be operated for FY 2027; and WHEREAS, the City Council of College Station agrees to provide applicable matching funds for the State Crisis Intervention Grant Program as required by the Office of the Governor application; and WHEREAS, the City Council of College Station agrees that in the event of loss or misuse of the Office of the Governor funds, the City of College Station assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City Council of College Station designates the Chief of Police as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the City of College Station. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of College Station hereby approves the submission of the State Crisis Intervention Grant Program grant application to the Office of the Governor. PART 1: That the City Council hereby authorizes the Chief of Police as the authorized official to execute documents necessary for the submission of the State Crisis Intervention Grant Program application, with Application Number 5118003, to the Office of the Governor on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 2: That the Chief of Police as the authorized official is given the power to apply for, accept, reject, alter or terminate the State Crisis Intervention Grant Program grant application on behalf of the City of College Station. PART 3: That the City Council of College Station agrees in the event of loss or misuse of the funds, the City of College Station assures the funds will be returned in full to the Office of the Governor. PART 4: That this resolution shall take effect immediately from and after its passage. Page 245 of 358 Resolution No: 2 ADOPTED this day of , 2026. ATTEST: APPROVED: City Secretary APPROVED: City Attorney Mayor Page 246 of 358 January 8, 2026 Item No. 7.10. Ordinance Prohibiting Right Turns at the intersection of Greens Prairie Road and Royder Road and Repealing Ordinance 2017-3913 Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an ordinance amending Chapter 38 "Traffic and Vehicles", Article VI "Traffic Schedules", Section 38-1008 "Traffic Schedule VIII, No Right Turn and No Left Turn", of the Code of Ordinances of the City of College Station, Texas, to prohibit right turns on red lights at the intersection of Greens Prairie Road and Royder Road, and repealing Ordinance 2017-3913 in its entirety. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval of the ordinance amendment and repeal of Ordinance 2017-3913. Summary: Pedestrian traffic during school drop-off and pick-up hours has been relatively high at the intersection of Greens Prairie Road and Royder Road. Coupled with high volumes of vehicles during these hours at each approach of Greens Prairie Road and the Royder Road southbound approach, Traffic Engineering has evaluated options to uphold pedestrian safety in this area. Thus, the proposed ordinance seeks to restrict right turn movements on all legs of this intersection on school days, from the hours of 7:00 AM to 9:00 AM and 2:30 PM to 4:30 PM, by adding "No Turn on Red" signs (with the aforementioned times listed) on each signal pole to alert drivers in the right turn lane. This item also proposes the repeal of Ordinance 2017-3913. This ordinance prohibits right turns at the intersection of Greens Prairie Road and Ledgestone Trail/Pecan Trail Intermediate School driveway. The ordinance was passed in 2017 in anticipation of heavy pedestrian traffic at the intersection once the school opened and the widening of Greens Prairie Road was complete. However, many fewer pedestrians cross this intersection than expected, and no increase in pedestrian traffic is expected in the near future. Traffic Engineering has deemed the removal of the "No Turn on Red" signs as justified and proposes replacing them with "Turning Vehicles Stop for Pedestrian" signs. This design alerts drivers at both approaches to be aware of crossings at the intersection and is consistent with the signage at Greens Prairie Road and Royder Road. Budget & Financial Summary: The "No Right Turn" signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operations budget. Attachments: 1. Ordinance No. 2017-3913 2. Location Map 3. Ordinance - No Right at GP and Royder Page 247 of 358 ORDINANCE NO. 2017-3913 AN ORDINANCE AMENDING CHAPTER 10, "TRAFFIC CODE", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SCHEDULE VIII AS REFERENCED IN SUBSECTION K OF SECTION 2 THEREOF; PROHIBITING RIGHT TURNS ON RED ON SCHOOL DAYS LEDGESTONE TRAIL AND THE PECAN TRAIL INTERMEDIATE SCHOOL DRIVEWAY ON TO GREENS PRAIRIE TRAIL; 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 10, "Traffic Code", of the Code of Ordinances of the City of College Station, Texas, be amended by amending schedule VIII as referenced in subsection K of Section 2 thereof as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed liable for a civil offense and, upon a finding of liability thereof, shall be punished by a civil penalty of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). Said Ordinance becomes effective ten (10) days after date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 10th day of August, 2017. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Page 248 of 358 Ledgestone Trail and Pecan Trail Intermediate School Driveway on to Greens Prairie Trail Right -Turn On Red Prohibition Ordinance Page 2 of 3 EXHIBIT "A" That the Traffic Control Device Inventory - Schedule VIII as referenced in Chapter 10, "Traffic Code", Section 2K, "Intersections controlled by no right turn or no left turn signs," is hereby amended to include the following: Street Intersecting Travel No Lt. No Rt. Street Direction Turn Turn Pecan Trail Intermediate School Greens Prairie Trail northwest Driveway 1 Ledgestone Trail Greens Prairie Trail southeast 1 2 - No Right -Turn on red on school days from 7:00 AM until 4:30 PM x2 x2 Page 249 of 358 Page 250 of 358 Page 251 of 358 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38 "TRAFFIC AND VEHICLES," ARTICLE VI, "TRAFFIC SCHEDULES," SECTION 38-1008 "TRAFFIC SCHEDULE VIII, NO RIGHT TURN AND NO LEFT TURN", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY PROHIBITING RIGHT TURNS AT THE INTERSECTION OF GREENS PRAIRIE ROAD AND ROYDER ROAD AND AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE; AND REPLEAING ORDINANCE NO. 2017-3913 IN ITS ENTIRETY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Ordinance No. 2017-3913 amending Schedule VIII as referenced in Chapter 10, "Traffic Codes" Section 2K, "Intersections controlled by no right turn or no left turn signs", be immediately repealed and terminated in its entirety PART 2: That Chapter 38 "Traffic and Vehicles," Article VI, "Traffic Schedules," Section 38-1008 "Traffic Schedule VIII, No Right Turn and No Left Turn Signs" 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 3: 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 4: 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 5: 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 252 of 358 ORDINANCE NO. Page 2 of 3 PASSED, ADOPTED and APPROVED this day of , 20_. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Ordinance Form 8-14-17 Page 253 of 358 ORDINANCE NO. Page 3 of 3 Exhibit A That Chapter 38 "Traffic and Vehicles," Article VI, "Traffic Schedules," Section 38-1008 "Traffic Schedule VIII, No Right Turn and No Left Turn" is hereby amended by adding the following entries: Street Greens Prairie Road Greens Prairie Road Royder Road Royder Road Intersecting Street Royder Road Royder Road Greens Prairie Road Greens Prairie Road Travel Direction Southwest Northeast Southeast Northwest No Lt. Turn No Rt. Turn ✓ 1 ✓ 1 ✓ 1 ✓ 1 Ordinance Form 8-14-17 Page 254 of 358 January 8, 2026 Item No. 8.1. Mental Health Resources Sponsor: Billy Couch Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on mental health resources available in the community. Relationship to Strategic Goals: Recommendation(s): The Department welcomes council feedback regarding department strategies to address mental health consumers in our community. Summary: Presentation to highlight department initiatives toward addressing a critical need in our community. Budget & Financial Summary: None Attachments: None Page 255 of 358 January 8, 2026 Item No. 9.1. Public Hearing, presentation, discussion, and possible action on Budget Amendment #1 amending Ordinance No. 2025-4612 which will amend the budget for the 2025-2026 Fiscal Year in the amount of $32,714,163. Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Public Hearing, presentation, discussion, and possible action on Budget Amendment 1 amending Ordinance No. 2025-4612 which will amend the budget for the 2025-2026 Fiscal Year in the amount of $32,714,163. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends the City Council approve FY26 Budget Amendment #1. Summary: The charter of the City of College Station provides for the City Council to amend the annual budget in the event there are revenues available to cover expenditures, and after holding a public hearing on such budget amendment. The proposed budget amendment is to increase the FY26 budget appropriations by $32,714,163, primarily due to the addition of $19,250,000 in Capital Project and the annual encumbrance roll of $10,481,379 for goods budgeted and ordered in FY25. The encumbrance roll is primarily composed of fleet purchases not yet received including a Fire department preorder of two pumper trucks, one grass truck and one aerial truck. The fleet preorders total $7,899,939 and make up 75% of the encumbrance roll. This amendment also includes eight interfund transfers from the General Fund, Hotel Tax Fund, Memorial Cemetery Fund, and Impact Fee Funds to contribute cash for capital for the additional Capital Projects. Budget & Financial Summary: The City has resources or can reasonably expect resources to cover the appropriations in this budget amendment. The attached summary has the complete description of the items included on the proposed budget amendment. If approved, the net revised 2025-2026 budget appropriations will be $506,939,861. Attachments: 1. FY26 Budget Amendment #1 Ordinance Page 256 of 358 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2025-4612 AS BUDGET AMENDMENT NUMBER 1 AMENDING THE BUDGET FOR THE 2025-2026 FISCAL YEAR AND AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED. WHEREAS, on August 28, 2025, the City Council of the City of College Station, Texas, adopted Ordinance No. 2025-4612 approving its Budget for the 2025-2026 Fiscal Year: and WHEREAS, this amendment was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the College Station City Charter, after notice of said hearing having been first duly given; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Ordinance No. 2025-4612 is hereby amended by amending the 2025-2026 Budget adopted by a net amount of $32,714,163 as further detailed in Exhibit A. PART 2: That this Budget Amendment Number 1 shall be attached to and made a part of the 2026- 2026 Budget. PART 3: That except as amended hereby, Ordinance No, 2025-4612 shall remain in effect in accordance with its terms. PART 4: That this ordinance shall become effective immediately after passage and approval. PASSED and APPROVED this day of 2026 ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 257 of 358 Ordinance No. Page 2 of 5 FY 25-26 Budget Amendment No. 1 OPERATING BUDGET AMENDMENT ITEMS: 1. Encumbrance Roll — Various Funds - $10,481,379 (Budget Amendment). This item covers expenditures encumbered but not completed or expensed in FY25. Those goods and services were budgeted in FY25 but will not be received until FY26. This amendment increases the FY26 budget appropriation in each applicable fund for the eligible items. SUMMARY DESCRIPTION TOTAL Replacement vehicles/equipment in progress $ 6,376,133 61% Fire #7 vehicle in progress 1,348,975 13% New vehicle purchases in progress 174,831 2% Vehicles subtotal 7,899,939 75% Supplies, maintenance, professional services 2,265,411 22% Generator replacements in progress 197,701 2% ITreplacement purchases in progress 118,328 1% TOTAL $ 10,481,379 Fleet Maintenance, an Internal Service Fund that is not included in the net budget totals, has items on the encumbrance roll for $48,361. The Encumbrance Roll Summary file (attached) gives a brief description and totals by fund, by department. 2. Prior Years ix items — Northgate, General Fund, and Water - $1,252,784 (Budget Amendment). This item covers approved FY25 lx SLAs and funding requests not encumbered and not expended in FY25. Departments expect to receive these goods and services early in FY26. This item increases the FY26 budget appropriation in each applicable fund for the eligible items. 3. Parks Aquatics Recreation Coordinator — General Fund — (1.0 FTE). The Aquatics Division of the Parks Department requires permanent leadership for ongoing business throughout the year. Current leadership is seasonal. This position will replace part-time Pool Manager positions. Budget will be transferred from current part-time accounts with a reduction in part-time personnel hours to cover the cost. Additional budget is not currently required. 4. Channel 19 Broadcast Equipment for Council Chambers — PEG Fund - $135,000 (Budget Amendment). The servers and broadcast equipment in Council Chambers has been temperamental and requires an update to ensure citizens can reliably watch Council and committee meetings. This item will completely overhaul and reconfigure the control room and will update the production equipment. 5. Sale of Millings — Roadway Maintenance Fund - $325,000 (Budget Amendment). The sale and removal of approximately 50,000 tons of mixed aggregate millings stockpile to Larry Young Paving, Inc. was approved by Council on 12/11/25. This amendment will increase the contracted labor budget and allow for additional preventive maintenance on city streets. Page 258 of 358 Ordinance No. Page 3 of 5 FY 25-26 Budget Amendment No. 1 6. Arts Center Statue Funding — HOT Fund - $350,000 (Budget Amendment). In coordination with the Arts Center, this item will appropriate funding for the installation of Lyle Lovett and Robert Earl Keen statues in the Northgate District. 7. Early Fleet Replacement — Electric Fund - $210,000 (Budget Amendment). This item will increase the budget in Electric to fund an early vehicle replacement (due to age and timing). Funding for this item will come from an interfund transfer from Fleet Replacement to Electric. Sufficient funding was allocated to and is available in the Fleet Replacement Fund to cover this item. 8. Additional Fire Station #7 Vehicle — General Fund - $110,000 (Budget Amendment. This item will fund the pre -order purchase of an additional light duty vehicle for Fire Station #7. The pre -order is necessary to receive the vehicle by the time Fire Station #7 opens and is operational. 9. Release of Assigned Fund Balance for State Highway 6 landscaping/trees deposit — General Fund - $600,000 (Budget Amendment). This item will release the General Fund Assigned Balance previously held to contribute to State Highway 6 landscaping and trees. This item is an advanced funding deposit paid to TxDOT and has been reserved in the General Fund since Council provided direction on 20 November 2023. CAPITAL IMPROVEMENT PROJECT BUDGET AMENDMENT ITEMS: 10. Unspent Capital Budget — Electric CIP - $10,950,000 (Budget Amendment). This item will increase the Electric capital budget for projects and related costs that are anticipated to occur in FY26. These projects were previously approved and budgeted as part of the FY25 Budget. Due to various timing issues, these capital costs are now expected in FY26. 11. Dowling Road Pump Station (DRPS) Variable Frequency Drive Replacement — Water CIP - $1,500,000 (Budget Amendment). This item funds the replacement of two variable frequency drives (VFDs) that operate high -service pumps at DRPS. These VFDs recently experienced a major failure and reached the end of their expected service life. As the City's only high -service pump station delivering treated drinking water, DRPS is vital to maintaining system reliability and adequate distribution pressures. Replacing the VFDs is necessary to restore operational redundancy and ensure continued compliance with state and federal regulatory requirements. This item includes $250,000 for design and $1,250,000 for construction. 12. Cemetery Columbarium Project — Parks CIP - $950,000 (Budget Amendment). This item will fund a new capital project to build an additional cemetery columbarium. The project will be funded via an interfund transfer from the Memorial Cemetery Fund to Parks CIP. 13. State Highway 6 Water -Wastewater Utility Relocations — Water and Wastewater CIP - $4,000,000 (Budget Amendment). This item will increase the capital budget appropriations for existing utility relocation projects related to the State Highway 6 expansion project. Additional budget is needed due to current materials pricing and to meet required timelines. The Water increase is $500,000. The Wastewater increase is $3,500,000. Both increases will be funded by existing debt and an increase in the utility cash for capital transfer. Page 259 of 358 Ordinance No. Page 4 of 5 FY 25-26 Budget Amendment No. 1 14. Lincoln Center Improvements — Parks CIP - $350,000 (Budget Amendment). This item will increase the capital budget appropriations for an existing Parks CIP project (approved by the voters in November 2022). Additional budget is needed to cover expected construction costs and will be funded via an interfund transfer from Parkland Zone 1 to Parks CIP. 15. VPAC Synthetic Fields — Parks CIP - $1,500,000 (Budget Amendment). This item will fund a new Parks CIP project to replace 2 synthetic fields at VPAC that have reached the end of their useful life. Due to compaction and other issues, these fields are no longer suitable for regular use. This item will be funded via an interfund transfer from the HOT Fund to Parks CIP. INTER- AND INTRA-FUND TRANSFER BUDGET AMENDMENT ITEMS: 16. Memorial Cemetery Fund to Parks CIP — $950,000 (Interfund Transfer). This transfer will fund the new cemetery columbarium project described above. 17. HOT Fund to Parks CIP — $1,500,000 (Interfund Transfer). This transfer will move HOT revenues to Parks CIP to fund the replacement of 2 synthetic playing fields that have reached the end of their useful lives. 18. Central Park Operations Shop to Thomas Park Redevelopment — $3,200,000 (Intra-fund Transfer). At Bond Counsel's recommendation, this transfer within the same fund moves previously approved capital budget appropriations from one Parks CIP project to another. Both projects were approved by voters during the November 2022 election. This item will increase the budget for the Thomas Park Redevelopment project to fund additional amenities, trails, and other Parks equipment. Budget is available because the Operations Shop construction cost was less than budgeted. The increase for Thomas Park will be funded by General Obligation debt, as approved by voters, to be issued in a future fiscal year. 19. Increased Water Impact Fee Transfer - $250,000 (Interfund Transfer). An increase to the Water Impact Fee Transfer due to the receipt of more revenue than budgeted in FY25. 20. Increased Wastewater Impact Fee Transfer - $250,000 (Interfund Transfer). An increase to the Wastewater Impact Fee Transfer due to the receipt of more revenue than budgeted in FY25. 21. Increased Water -Wastewater Cash for Capital Transfer - $4,000,000 (Interfund Transfer). This item will increase the currently budgeted Water and Wastewater cash for capital transfers. These transfers are made in lieu of issuing debt. The Water increase is $500,000 and the Wastewater increase is $3,500,000. These increases are possible due to additional utility revenue received in FY25 and are needed to fund the previously described additional State Highway 6 utility relocations. Page 260 of 358 FUND DEPARTMENT General Police UIGeneral Fire General Public Works I:GeneralGeneralGeneraLGeneral Parks 8, Recreation General Planning&Development General Fiscal Services CIP& FacilitiesGeneral Govt. Non -Departmental ®i General Fund Total 16 m; Hotel Tax HotelTax Drainage Fund Total $ 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 44 46 Ordinance No. FY 25-26 Budget Amendment No. 1 im CITY OF COLLEGE STATION pi ENCUMBRANCE ROLL BUDGET AMENDMENT SUMMARY © FY26 BUDGET AMENDMENT #1 1 6 8 ENCUMBRANCE ROLL AMOUNT DESCRIPTION $ $ Drainage Non -Departmental Drainage Fund Total $ Northgate Parking 11� clectric Electric Water Water Wastewater Wastewater Solid Waste Solid Waste INTERNAL SERVICE FUNDS: Fleet Maintenance mFleet Maintenance 48 49 50 CITY OF COLLEGE STATION lx PRIOR YEAR SLAS/FUNDING FY26BUDGET AMENDMENT #1 59 60 Northgate Parking 140,538 50,368 80,079 266,674 76,754 90,601 214,229 118,674 7,051,466 8,089,383 Page 5 of 5 supplies, vehicle/equipment outfitting supplies software, professional services, vehicle/equipment security cameras @ parks, professional services professional services Municipal Court vehicle outfitting, software generators replacement, Rec Center Feasibility study professional services, supplies vehicle/equipment replacement, IT non -capital replacements 72,301 tourism strategic plan, visitors guide 72,301 2,700 IT non -capital replacements 2,700 94,490 repairs & painting, cameras Northgate Parking Fund Total $ 94,490 Electric Non -Departmental Electric Fund Total Water Non -Departmental Water Fund Total Wastewater Wastewater Wastewater Fund Total Public Works Public Works Solid Waste Fund Total EXPENDITURE TOTALS Fleet Maintenance Non Departmental Fleet Maintenance Fund Total 154,320 professional services 519,400 vehicle/equipment/IT replacement $ 673,720 628,053 maintenance 56,283 IT non -capital replacements $ 684,336 442,885 professional services 69,602 vehicle replacement $ 512,487 2, 286 9,141 340,535 $ 351,962 10,481,379 supplies, outfitting replacement vehicles new vehicle purchases in progress -outfitting new vehicle 47,461 software, Samsura hardware 900 IT non -capital replacements $ 48,361 INTERNAL SERVICE FUNDS EXPENDITURE TOTALS $ 48,361 TOTAL ENCUMBRANCE ROLL $ 10,529,740 lx Prior Year SLAs/Funding Not Encumbered ix SLA FY25 University Drive Pedestrian Safety Study (Northgate) 1x SLA FY25 Urban Heat Island Cooling College Station 1x FY24 SLA VPAC Cameras 1x SLA Water Meter Test Bench Brazos Transit District FY25 funding agreement 1 TOTAL 1x PRIOR YEAR SLAS $ 250,000 Northgate Fund 375,230 General Fund 210,000 General Fund 83,554 Water Fund 334,00D General Fund 1,252,784 Page 261 of 358 January 8, 2026 Item No. 9.2. BVCAP HOME Agreement for 1015 Toledo Bend Drive Sponsor: David Brower Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding the approval of a contract granting HOME Investment Partnerships Program (HOME) funds to Brazos Valley Community Action Programs (BVCAP) in the amount of $320,000 for the purchase and rehabilitation costs related to the acquisition of a single-family home located at 1015 Toledo Bend Drive in order to create an affordable rental opportunity. Relationship to Strategic Goals: • Financially Sustainable City • Core Services and Infrastructure • Neighborhood Integrity Recommendation(s): Staff recommends approval. Summary: The City of College Station annually receives the HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development. HOME is utilized to address the growing need for more affordable, decent housing units, creating a suitable living environment, and expanding economic opportunities, principally for low- and moderate -income residents. RFP 26-020 was released seeking proposals to develop affordable housing. One response was received from Brazos Valley Community Action Programs (BVCAP). BVCAP currently has a rental program that includes ownership and management of multiple properties that provide affordable rental opportunities. Their proposal includes the expansion of their current rental program to include a three -bedroom, single-family house located at 1015 Toledo Bend Drive. This contract will grant funds to BVCAP in the amount of $320,000.00. With these funds, BVCAP will acquire 1015 Toledo Bend Drive with the intent of rehabilitating the house, as needed, and making it available for lease to an income -eligible household. Budget & Financial Summary: This contract commits $320,000.00 of unobligated HOME funds from Program Year 2024. These funds will be provided to BVCAP on a reimbursement basis and are budgeted and available through the Community Development FY 2025 Federal HOME Investment Partnerships Grant budget. Attachments: 1. HOME Agreement 1015 Toledo Bend Drive_12.18.25 Page 262 of 358 CONTRACT & AGREEMENT ROUTING FORM CITY car Cenircis SEAT WIN Home a Iir��.ic^5-' [ hth,ny CONTRACT#: 26300202 PROJECT #: CD2611 BID/RFP/RFQ#: RFP 26-020 BVCAP1015ToledoBendDrive-AFundingAgreementwithBrazosValleyCommunityActionPrograms(BVCAP)forthe Project Name / Contract Description: acquisition and minor rehabilitation of an LMI rental unit. This funding agreement allocates HOME funds to the acquisition and rehabilitation of a SF residence at 1015 Toledo Bend Drive. Name of Contractor: Brazos Valley Community Action Programs CONTRACT TOTAL VALUE: $ $320.000.00 Grant Funded Yes I 1•I No If yes, what is the grant number:) M-22&23-MG48-0219 Debarment Check n Yes No Section 3 Plan Incl. • Yes n No ■ • NEW CONTRACT I I RENEWAL # N/A Davis Bacon Wages Used Yes Non N/A N/A Buy America Requiredil Yes n No ❑� N/A Transparency Report Yes n No m N/A CHANGE ORDER # ❑ OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) The 2026 Affordable Housing RFP was posted on October 28th, 2025 seeking eligible affordable housing projects and was received back Novem- ber 17th, 2025 with one response. These funds are allocated from the FY 23 and 24 Community Development Budget. This Funding Agreement accounts for $320,000.00, the total amount included in the contract, to be funded in full with the City's HOME Investment Partnerships Grant. (If required)* CRC Approval Date*: n/a Council Approval Date*: 01/08/26 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: PR/ Performance Bond: n/a Payment Bond: n/a Info Tech: n/a SIGNATURES RECOMMENDING APPROVAL Q9 QVwtssr'Ol4 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO 12/8/2025 12/8/2025 VGWU1L i' U4'1A (l l 12/8/2025 LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER n/a MAYOR (if applicable) n/a CITY SECRETARY (if applicable) 9.12.23 UPDATED DATE DATE DATE DATE DATE DATE Page 263 of 358 CITY OF COLLEGE STATION HOME INVESTMENT PARTNERSHIP FUNDING AGREEMENT ARTICLE I PARTIES 1.01 This HOME Allocation of Funding Agreement (the "Agreement") is between the City of College Station ("City"), a Texas Home Rule Municipal Corporation, and Brazos Valley Community Action Programs . ("Sub -Recipient"), a Texas Non -Profit Corporation (collectively referred to as the "Parties"). ARTICLE II AGREEMENT PERIOD 2.01 This Agreement will terminate on January 8, 2028 , unless extended by a written agreement. This Agreement will remain valid throughout the "Period of Affordability" as defined in 22.02. ARTICLE III SUB -RECIPIENT PERFORMANCE 3.01 Sub -Recipient shall complete at least one Project consisting of the acquisition and rehabilitation of 1015 Toledo Bend Drive, College Station, TX 77845, and provide no less than one (1) affordable unit to be rented to households at or below 60% of the Area Median Income (AMI) ("Project" or "Projects") in the City of College Station in accordance with the HOME INVESTMENT PARTNERSHIPS ACT, 42 U.S.C. § 12701 (THE ACT) and the implementing regulations, 24 C.F.R. PART 92, and the HOME INVESTMENT PARTNERSHIPS PROGRAM RULES. 3.02 Sub -Recipient shall perform the Project and all activities in accordance with the terms of the performance statement hereto incorporated here as Exhibit A, ("Performance Statement"); the budget hereto incorporated here as Exhibit B , ("Budget"); the project implementation schedule hereto incorporated here as Exhibit C, ("Project Implementation Schedule"); the applicable laws and regulations hereto incorporated here as Exhibit D, ("Applicable Laws and Regulations"); the certifications hereto incorporated here as Exhibit E, ("Certifications"); the insurance requirements and certificates of insurance hereto incorporated here as Exhibit F ("Insurance Requirements and Certificates of Insurance"), the assurances, covenants, warranties, certifications, and all other statements made by Sub -Recipient in its application for the project funded under this Agreement; and with all other terms, provisions, and requirements set forth in this Agreement. 3.03 In the event the affordability requirements of 24 C.F.R. § 92.254 are not satisfied by Sub - Recipient hereunder, Sub -Recipient shall bear ultimate responsibility for repayment of HOME funds to the City. 3.04 In the event that there is program income, repayments, or recaptured funds, the funds must be used in accordance with the requirements of 24 C.F.R. § 92.503, as outlined in the Performance Statement, "Exhibit A". Contract No. 26300202 HOME Funding Agreement Form 12-12-24 Page 264 of 358 3.05 If applicable, Sub -Recipient agrees that all prospective purchasers of housing funded under this Agreement will comply with the City of College Station Down Payment Assistance Program (DAP) guidelines. ARTICLE IV PAYMENT AND CITY OBLIGATIONS 4.01 Proiect Costs. In consideration of full and satisfactory performance of the activities referred to in Article V of this Agreement, City may reimburse for actual and reasonable costs up to the amount of THREE HUNDRED TWENTY THOUSAND and 00 /100 DOLLARS ($ 320,000.00 ) that will be paid from the Fiscal Year 23 & 24 Community Development Budget (HUD Grant Year 22 & 23 ). These costs incurred by Sub -Recipient during the Agreement Period for performances rendered under this Agreement by Sub -Recipient are subject to the limitations set forth in this Article IV. (a) The Parties agree that City's obligations to meet City's liabilities under Article IV of this Agreement are contingent upon the actual receipt of adequate local or federal funds. If adequate funds are not available to make payments under this Agreement, the City shall notify Sub -Recipient in writing within a reasonable time after it is determined funds are not available. The City shall then terminate this Agreement and will not be liable for failure to make payments to Sub -Recipient under this Agreement. (b) City shall not be liable to Sub -Recipient for any costs incurred by Sub -Recipient, or any portion thereof, which have been paid to Sub -Recipient or which are subject to payment to Sub -Recipient, or which have been reimbursed to Sub -Recipient, or are subject to reimbursement to Sub -Recipient, by any source other than City or Sub -Recipient. (c) City shall not be liable to Sub -Recipient for any costs incurred by Sub -Recipient which are not eligible project costs, as set forth in 24 C.F.R. § 92.206(A) and Article VI of this Agreement. Funds provided under this Agreement shall not be used nor shall City be liable for payment of costs associated directly or indirectly incurred because of prohibited activities as defined in 24 C.F.R. § 92.214. (d) City shall not be liable to Sub -Recipient for any costs incurred by Sub -Recipient or for any performances rendered by Sub -Recipient which are not strictly in accordance with the terms of this Agreement, including the terms of the Exhibits of this Agreement. (e) City shall not be liable for costs incurred or performance rendered by Sub -Recipient before commencement or after termination of this Agreement. 4.02 Limit of Liability (a) Notwithstanding any other provision of this Agreement, the total of all payments and other obligations incurred by City under this Agreement shall under no circumstances exceed Contract No. 26300202 HOME Funding Agreement Form 12-12-24 2 Page 265 of 358 THREE HUNDRED TWENTY THOUSAND and 00 /100 Dollars, ($ 320,000.00 ), from the HUD Grant Year 22 & 23 Budget. Article V DISBURSEMENT OF FUNDS 5.01 City shall pay costs incurred which it determines are eligible in its sole discretion and which are properly submitted under this Agreement in accordance with the requirements of 24 C.F.R. § 92.502. Sub -Recipient may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount of money needed to pay eligible costs actually incurred and may not include amounts for prospective or future needs. 5.02 Any and all Program Income as defined by 24 C.F.R. § 84.2 must be disbursed by Sub - Recipient prior to requesting a disbursement of funds from the City. 5.03 The Parties agree that City's obligations to make payments under this Agreement are contingent upon Sub -Recipient's full and satisfactory performance of its obligations under this Agreement. City reserves the right to recover, recapture or offset funds paid under this Agreement in the event City determines Sub -Recipient will be unable to commit or expend funds within the prescribed time, as determined by the City. Sub -Recipient agrees to refund to the City all funds that the City in its sole discretion determines to have been used for ineligible or unapproved purposes. Such refunds will be made within thirty (30) days of notification by the City of the ineligible expenditure. ARTICLE VI UNIFORM ADMINISTRATIVE REQUIREMENTS 6.01 Sub -Recipient shall comply with the requirements of 2 C.F.R. 200, including utilization of adequate internal controls, as modified by 24 C.F.R §92.505. ARTICLE VII RETENTION AND ACCESSIBILITY OF RECORDS 7.01 Sub -Recipient must establish and maintain sufficient records, including those listed under 24 C.F.R. § 92.508. The sufficiency of the records will be determined by City. 7.02 All records pertinent to this Agreement shall be retained by Sub -Recipient for five calendar years after the Period of Affordability, specified in Section 22.02, has expired with the following are exceptions: (a) If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been finally resolved, including all legal and administrative appeals. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 3 Page 266 of 358 (b) Records covering displacement and acquisitions must be retained for at least five years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with 24 C.F.R. § 92.353. 7.03 Sub -Recipient shall give HUD, the Comptroller General of the United States, the City of College Station, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by Sub -Recipient pertaining to this Agreement. Such rights to access shall continue as long as the records are retained by Sub -Recipient. Sub -Recipient agrees to maintain such records in a location accessible to the above -named persons and entities. 7.04 Sub -Recipient shall require the substance of this Article VII to be included in all subcontracts for the use of funds under this Agreement. 7.05 Sub -Recipient must provide citizens, public agencies, and other interested parties with reasonable access to records consistent with the TEXAS PUBLIC INFORMATION ACT. ARTICLE VIII REPORTING REQUIREMENTS 8.01 Sub -Recipient shall submit to City such reports on the operation and performance of this Agreement as may be required by City including, but not limited to the reports specified in this Article VIII. 8.02 Sub -Recipient shall provide City with all reports necessary for City's compliance with 24 C.F.R. §§ 92.508, 92.509 and 24 C.F.R. SUBPART K or any other applicable statute, law or regulation. Sub -Recipient agrees to furnish the City with information on program participants, including: income verifications, race, ethnicity, age, sex, family status, disability status and head - of -household status. 8.03 Sub -Recipient will report any project or program delays or modifications and await City approval before proceeding. 8.04 Sub -Recipient will also report any instances of client fraud or program abuse to the City. Sub -Recipient agrees to meet with the City to discuss progress or concerns as the need arises and at the City's request. 8.05 Sub -Recipient agrees to report on a semi-annual basis to the City on program or project status. This must be a written report of the status on recently completed, ongoing, and pre - approved programs or projects and must include information for the reporting period to include the status on: applicant approvals/denials; projects/programs approved; fund disbursements; project bidding information; property sales; contractor/subcontractors utilization to include: race, sex, ethnicity, addresses, social security numbers and amounts billed and paid; use of program income, repayments, and recaptured funds; and other information as specified by the City. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 4 Page 267 of 358 8.06 In addition to the limitations on liability otherwise specified in this Agreement, it is expressly understood and agreed by the Parties hereto that if Sub -Recipient fails to submit to City in a timely and satisfactory manner any report required by this Agreement, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Sub - Recipient hereunder. If City withholds such payments, it shall notify Sub -Recipient in writing of its decision and the reasons therefore. Payments withheld pursuant to this paragraph may be held by City until such time as Sub -Recipient fully cures or performs any and all delinquent obligations identified as the reason funds are withheld. ARTICLE IX MONITORING 9.01 The City reserves the right to carry out regular and periodic field inspections to ensure compliance with the requirements of this Agreement. After each monitoring visit, City shall provide Sub -Recipient with a written report of the monitor's findings. If the monitoring reports note deficiencies in Sub -Recipient's performances under the terms of this Agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Sub - Recipient. Failure by Sub -Recipient to take action specified in the monitoring report may be cause for suspension or termination of this Agreement, as provided in Article XVIII and XIX of this Agreement. ARTICLE X INDEPENDENT CONTRACTOR 10.01 In all activities or services performed hereunder, the Sub -Recipient is an independent contractor and not an agent or employee of the City. The Sub -Recipient, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. The Sub - Recipient shall supply all materials, equipment and labor required for the execution of the work on the Project. The Sub -Recipient shall have ultimate control over the execution of the work under this Agreement. The Sub -Recipient shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees, volunteers and subcontractors, and the City shall have no control of or supervision over the employees or volunteers of the Sub - Recipient or any of the Sub -Recipient's subcontractors except to the limited extent provided for in this Agreement. 10.02 The Sub -Recipient 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 subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Sub -Recipient from its obligations to the City under this Agreement. The Sub - Recipient shall appoint and keep on the Project during the progress of the work a competent Project Manager and any necessary assistants, all satisfactory to the City, to act as the Sub -Recipient's representative and to supervise its employees and subcontractors. Adequate supervision by competent and reasonable representatives of the Sub -Recipient is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending the operations of the Sub -Recipient and is a breach of this Agreement. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 5 Page 268 of 358 10.03 Unless otherwise stipulated, the Sub -Recipient 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 Sub - Recipient. It shall be the responsibility of the Sub -Recipient to furnish a completed work product that meets the requirements of the City. 10.04 Any injury or damage to the Sub -Recipient 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 Sub -Recipient. 10.05 By entering into this Agreement, City and Sub -Recipient do not intend to create a joint enterprise. ARTICLE XI INDEMNIFICATION AND RELEASE 11.01 SUB -RECIPIENT 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 THIS AGREEMENT. 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. 11.02 The indemnifications contained in section 11.01 shall include, but not be limited to the following specific instances: (a) In the event the City is damaged due to the act, omission, mistake, fault or default of the Sub -Recipient, then the Sub -Recipient shall indemnify and hold harmless and defend the City for such damage. (b) The Sub -Recipient shall indemnify and hold harmless and defend the City from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) The Sub -Recipient shall indemnify and hold harmless and defend the City from any and all injuries to or claims of adjacent property owners caused by the Sub -Recipient, its agents, employees, and representatives. (d) The Sub -Recipient shall be responsible for any damage to the building caused by the Sub -Recipient's personnel or equipment during installation. (e) The Sub -Recipient shall be responsible for the removal of all related debris. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 6 Page 269 of 358 The Sub -Recipient shall be responsible for subcontractors hired by it. The Sub -Recipient shall indemnify, hold harmless, and defend the City from any liability caused by the Sub -Recipient'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. 11.03 The indemnification obligations of the Sub -Recipient under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 11.04 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 11.01, 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. 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. 11.05 RELEASE. The Sub -Recipient 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 Sub -Recipient'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 Sub - Recipient, 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. 11.06 BY ENTERING INTO THIS AGREEMENT THE CITY DOES NOT WAIVE ITS GOVERNMENTAL IMMUNITY OR THE LIMITATIONS AS TO DAMAGES CONTAINED IN THE TEXAS TORT CLAIMS ACT OR CONSENT TO SUIT. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 7 Page 270 of 358 ARTICLE XII INSURANCE 12.01 INSURANCE The Sub -Recipient 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 Sub -Recipient, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth below. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached as Exhibit F. During the term of this Agreement Contractor's (Sub -Recipient) insurance policies shall meet the minimum requirements of this section: 12.02 Types. Sub -Recipient shall have the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation/Employer's Liability. 12.03 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance -approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit F; and shall be approved by the City before work begins. (c) Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be named on the Certificate of Insurance and are acceptable on a per -occurrence basis only. (d) The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas. (e) The City will not accept "claims made" policies. (f) Coverage shall not be suspended, canceled, non -renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. 12.04 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 under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement naming the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain Contract No. 26300202 HOME Funding Agreement Form 12-12-24 8 Page 271 of 358 (c) Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance (e) The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 12.05 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 rating under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement naming the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. (c) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e) The coverage shall include any autos, owned autos, leased or rented autos, non - owned autos, and hired autos. 12.06 Workers' Compensation/Employer's Liability Insurance. Workers Compensation/Employer's Liability insurance shall include the following terms: (a) Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required. (b) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. (c) TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY". ARTICLE XIII SUBCONTRACTS 13.01 Except for subcontracts to which the federal labor standards requirements apply, Sub - Recipient may not subcontract for performances of any obligation required or described in this Agreement without obtaining City's prior written approval. Sub -Recipient shall only subcontract Contract No. 26300202 HOME Funding Agreement Form 12-12-24 9 Page 272 of 358 for performance obligations required or described in this Agreement to which the federal labor standards requirements apply after Sub -Recipient has submitted a Subcontractor utilization form, as specified by City, for each such proposed subcontract and Sub -Recipient has obtained City's prior written approval, based on the information submitted, of Sub -Recipient's intent to enter into such proposed subcontract. Sub -Recipient, in subcontracting for the performance of any obligation required as described in this Agreement, expressly understands that in entering into such subcontracts, City is in no way liable to Sub -Recipient's subcontractor(s). 13.02 In no event shall any provision of this Article XII, specifically the requirement that Sub - Recipient obtain City's prior written approval of a subcontractor's eligibility, be construed as relieving Sub -Recipient of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this Agreement, as if such performances rendered were rendered by Sub -Recipient. City's approval under Article XII does not constitute adoption, ratification, or acceptance of Sub -Recipient's or subcontractor's performance hereunder. City maintains the right to insist upon Sub -Recipient's full compliance with the terms of this Agreement, and by the act of approval under Article XII, City does not waive any rights or remedies which, may exist or which may subsequently accrue to City under this Agreement. 13.03 Sub -Recipient shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurement under this Agreement. 13.04 Sub -Recipient shall submit a subcontractor utilization report prior to beginning work and prior to hiring any additional subcontractors. ARTICLE XIV CONFLICT OF INTEREST 14.01 No person who (a) is an employee, agent, consultant, officer or elected or appointed official of City or of any applicant that receives funds and who exercises or has exercised any functions or responsibilities with respect to activities assisted with funds provided under this Agreement or (b) who is in a position to participate in a decision -making process or gain inside information with regard to such activities may obtain a personal or financial interest or benefit from a HOME assisted activity, or have an interest in any Agreement, subcontract or Agreement (or the proceeds thereof) with respect to a HOME assisted activity either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. Sub -Recipient shall ensure compliance with applicable provisions under 24 C.F.R. §§ 84.40 - 84.48 and OMB Circular A-110 in the procurement of property and services. ARTICLE XV NONDISCRIMINATION AND SECTARIAN ACTIVITY 15.01 Equal Opportunity. Sub -Recipient shall ensure that no person shall on the grounds of race, color, religion, sex, handicap, family status, age, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds provided under this Agreement. In addition, funds provided under Contract No. 26300202 HOME Funding Agreement Form 12-12-24 10 Page 273 of 358 this Agreement must be made available in accordance with the requirements of Section 3 of the HOUSING AND URBAN DEVELOPMENT ACT OF 1968 (12 USC 1701(u)) that: (a) To the greatest extent feasible, opportunities for training and employment arising in connection with the planning and carrying out of any project assisted with HOME funds provided under this Agreement be given to low-income persons residing within the general local government area in which the project is located; and (b) To the greatest extent feasible, Agreements for work to be performed in connection with any such project be awarded to business concerns, including, but not limited to, individuals or firms doing business in the field of planning, consulting, design, architecture, building construction, rehabilitation, maintenance, or repair, which are located in or owned in substantial part by persons residing in the same metropolitan area or non -metropolitan area as the project. 15.02 Faith -based activities. Organization that are religious or faith -based are eligible, on the same basis as any other organization, to participate in HOME program in accordance with the requirement of 24 C.F.R. § 92.257. ARTICLE XVI LEGAL AUTHORITY 16.01 Sub -Recipient assures and guarantees that Sub -Recipient possesses the legal authority to enter into this Agreement, to receive funds authorized by this Agreement, and to perform the services Sub -Recipient has obligated itself to perform hereunder. 16.02 The person or persons signing and executing this Agreement on behalf of Sub -Recipient, or representing themselves as signing and executing this Agreement on behalf of Sub -Recipient, do hereby warrant and guarantee that he, she or they have been duly authorized by Sub -Recipient to execute this Agreement on behalf of Sub -Recipient and to validly and legally bind Sub - Recipient to all terms, performances, and provisions herein set forth. 16.03 Sub -Recipient shall not employ, award Agreement to, or fund any person that has been debarred, suspended, proposed for debarment, or placed on ineligibility status by U.S. Department of Housing and Urban Development. In addition, City shall have the right to suspend or terminate this Agreement if Sub -Recipient is debarred, suspended, proposed for debarment, or ineligible to participate in the HOME Program. ARTICLE XVII LITIGATION AND CLAIMS 17.01 Sub -Recipient shall give City immediate notice in writing of a) any action, including any proceeding before an administrative agency, brought or filed against Sub -Recipient in connection with this Agreement; and b) any claim against Sub -Recipient. Except as otherwise directed by City, Sub -Recipient shall furnish immediately to City copies of all documents received by Sub - Contract No. 26300202 HOME Funding Agreement Form 12-12-24 11 Page 274 of 358 Recipient with respect to such action, proceeding, or claim. ARTICLE XVIII CHANGES AND AMENDMENTS 18.01 Except as specifically provided otherwise in this Agreement, any alterations, additions, or deletions to the terms of this Agreement shall be by amendment hereto in writing and executed by both the Parties to this Agreement. 18.02 It is understood and agreed by the Parties hereto that any performance under this Agreement must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to City by Sub -Recipient, and the assurances and certifications made to the United States Department of Housing and Urban Development by the City with regard to the operation of the HOME Program. 18.03 Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal or state law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulations. All other amendments to the Agreement must be in writing and signed by both Parties, except as provided in paragraphs 17.02 and 17.03. ARTICLE XIX SUSPENSION 19.01 In the event Sub -Recipient fails to comply with any term of this Agreement, City may, upon written notification to Sub -Recipient, suspend this Agreement in whole or in part and withhold further payments to Sub -Recipient, and prohibit Sub -Recipient from incurring additional obligations of funds under this Agreement. ARTICLE XX TERMINATION 20.01 The City may terminate this Agreement in whole or in part, in accordance with 24 C.F.R. § 85.43 and this Article or as provided in this Agreement. In the event Sub -Recipient materially fails as determined by City, to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a City plan or application, a notice of award, or elsewhere, City may take one or more of the following actions: (a) Temporarily withhold cash payments pending correction of the deficiency or default by the Sub -Recipient. (b) Disallow all or part of the cost of the activity or action not in compliance; and require immediate repayment of such disallowed costs. (c) Withhold further HOME awards from Sub -Recipient. (d) Exercise other rights and remedies that may be legally available as determined by the City to comply with the terms of this Agreement. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 12 Page 275 of 358 (e) City may terminate this Agreement for convenience in accordance with 24 C.F.R. §85.44. ARTICLE XXI AUDIT 21.01 Unless otherwise directed by City, Sub -Recipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Agreement, subject to the following conditions and limitations: (a) Sub -Recipient shall have an audit made in accordance with 24 C.F.R. § 92.506, THE SINGLE AUDIT ACT OF 1984, 31 U.S.C. 7501, and Subpart F of 2 C.F.R. 200., for any of its fiscal years included within the agreement Period, in which Sub -Recipient receives more than $300,000.00 in federal financial assistance provided by a federal agency in the form of grants, agreements, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term includes awards of federal financial assistance received directly from federal agencies, or indirectly through other units of State and local government; (b) At the option of Sub -Recipient, each audit required by this Article may cover either Sub -Recipient's entire operations or each department, agency, or establishment of Sub -Recipient which received, expended, or otherwise administered federal funds; (c) Notwithstanding paragraphs 4.01(c) and (d), Sub -Recipient shall utilize operating expense funds budgeted under this Agreement to pay for that portion of the cost of such audit services properly allocable to the activities funded by City under this Agreement, provided however that City shall not make payment for the cost of such audit services until City has received the complete and final audit report from Sub - Recipient; (d) Unless otherwise specifically authorized by City in writing, Sub -Recipient shall submit the complete and final report of such audit to City within thirty (30) days after completion of the audit, but no later than one (1) year after the end of each fiscal period included within the period of this Agreement. Audits performed under Subsection A of this Article XXI are subject to review and resolution by City or its authorized representative. (e) As part of its audit, Sub -Recipient shall verify expenditures according to the Budget attached as Exhibit B. 21.02 Notwithstanding 20.01 City reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this Agreement. Sub - Recipient agrees to permit City or its authorized representative to audit Sub -Recipient's records and to obtain any documents, materials, or information necessary to facilitate such audit. 21.03 Sub -Recipient understands and agrees that it shall be liable to City for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Agreement. Sub - Contract No. 26300202 HOME Funding Agreement Form 12-12-24 13 Page 276 of 358 Recipient further understands and agrees that reimbursement to City of such disallowed costs shall be paid by Sub -Recipient from funds which were not provided or otherwise made available to Sub - Recipient under this Agreement. 21.04 Sub -Recipient shall take all necessary actions to facilitate the performance of such audit or audits conducted pursuant to this Article XXI as City may require of Sub -Recipient 21.05 All approved HOME audit reports shall be made available for public inspection within 30 days after completion of the audit. ARTICLE XXII ENVIRONMENTAL CLEARANCE REQUIREMENTS 22.01 Sub -Recipient understands and agrees that by the execution of this Agreement, City shall assume the responsibilities for environmental review, decision making, and other action which would otherwise apply to City in accordance with and to the extent specified in 24 C.F.R., PARTS 50 AND 58. In accordance with 24 C.F.R. § 58.77(b), Sub -Recipient further understands and agrees that City shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. 22.02 Funds provided under this Agreement may not be obligated and expended before the actions specified in this Article occur. Any Real Estate Purchase Option Agreement must include the following language: "This option is contingent upon satisfactory completion of an environmental review under 24 C.F.R. Part 58. The parties agree that the provision of any funds to the project is conditioned on the City's determination to proceed with, modify, or cancel the project based on the results of the environmental review." 22.03 City shall prepare and maintain a written Environmental Review Record for this project in accordance with 24 C.F.R. PART 58 to ensure compliance with the NATIONAL ENVIRONMENTAL POLICY ACT (NEPA). Sub -Recipient must also maintain a copy of the Environmental Review Record in Sub -Recipient's project file. City must comply with all other applicable environmental requirements as specified in Exhibit D of this Agreement. City shall document its compliance with such other requirements in its environmental review file. ARTICLE XXIII SPECIAL CONDITIONS 23.01 Certification. City shall not release any funds for any costs incurred by Sub -Recipient under this Agreement until City has received certification from Sub -Recipient that its fiscal control and fund accounting procedures are adequate to assure the proper disbursal of and accounting for funds provided under this Agreement. City shall specify the content and form of such certification. 23.02 Affordability. Funds provided under this Agreement must meet the affordability requirement of 24 C.F.R. § 92.254 and the HOME rules as applicable. The period of affordability is based upon the total amount of HOME funds subject to recapture described in 24 C.F.R. § 92.254 (a) (5) (ii) (A) (5).The City shall reduce HOME investment amount to be recaptured by Sub - Contract No. 26300202 HOME Funding Agreement Form 12-12-24 14 Page 277 of 358 Recipient on a pro-rata basis for the time the unit is in compliance with 24 C.F.R. § 92.254 and the HOME rules as applicable. Home Funds Subject to Recapture < $15,000 $15,000 - $40,000 > $40,000 Affordability Period 5 years 10 years 15 years 23.03 Recapture. The HOME investment that is subject to recapture is based on the amount of HOME assistance that enabled the homebuyer to buy the dwelling unit. This includes any HOME assistance that reduced the purchase price from fair market value to an affordable price. The cost of construction is not considered in this calculation. Recaptured funds will include the amount provided through the City's Down Payment Assistance Program and the Sub -Recipient's subsidy to the homebuyer equaling the difference between the fair market value and the sales price of the home. Sub -Recipient agrees that Sub -Recipient's recaptured funds, including all interest and any other return on the investment of HOME funds, will be made to City pro-rata. The formula for Sub -Recipient's recaptured funds is the funds received which are subject to recapture divided by the number of months in the period of affordability multiplied by the number of months that a home is not operated in accordance with the affordability requirement. 23.04 Property Standards. Sub -Recipient shall ensure that all housing assisted with funds provided under this Agreement shall meet the requirements of 24 C.F.R. § 92.251 for the duration of this Agreement. 23.05 Affirmative Marketing. Should funds from this Agreement be used in the construction of five (5) or more dwelling units, Sub -Recipient shall adopt Affirmative Marketing procedures and requirements. The Affirmative Marketing procedures and requirements shall include, but need not be limited to, those specified in 24 C.F.R. § 92.351. City will assess the efforts of the Sub - Recipient during the marketing of the units by use of compliance certification. Where a Sub - Recipient fails to follow the Affirmative Marketing procedures and requirements, corrective actions shall include extensive outreach efforts to appropriate contacts to achieve the occupancy goals or other sanctions the City may deem necessary. Sub -Recipient must provide City with an annual assessment of the Affirmative Marketing program of the development, if an Affirmative Marketing program is required under this section. The assessment must include: (a) Method used to inform the public and potential residents about Federal Fair Housing laws and Affirmative Marketing policy. Sub -Recipient's advertising of housing must include the Equal Housing Opportunity logo or statement. Advertising media may include newspaper, radio, television, brochures, leaflets, or signage. Sub -Recipient may wish to use community organizations, places of worship, employment centers, fair housing groups, housing counseling agencies, social service centers or medical service centers as resources for this outreach. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 15 Page 278 of 358 (b) Records describing actions taken by the Sub -Recipient to affirmatively market housing and records to assess the results of these actions. Sub -Recipient must maintain a file containing all marketing efforts (i.e. copies of newspapers ad, memos of phone calls, copies of letters) to be available for inspection at least annually by City. (c) Sub -Recipient shall solicit applications for housing from persons in the housing market who are least likely to apply for housing without benefit of special outreach efforts. In general, persons who are not of the race/ethnicity of the residents of the neighborhood in which the housing is located shall be considered those least likely to apply. (d) Sub -Recipient shall maintain a listing of all residents residing in each home through the end of the compliance period. (e) The Sub -Recipient will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps shall include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in the preceding paragraph. 23.06 Enforcement of Affordability. Sub -Recipient and City shall provide legally enforceable agreements consisting of a Real Estate Lien Note and Deed of Trust, containing remedies adequate to enforce the affordability requirements of 24 C.F.R. § 92.254, as applicable, for each activity assisted under this Agreement, to be recorded in the real property records of Brazos County. Funds recaptured because housing no longer meets the affordability requirements under 24 C.F.R. § 92.254(a)(5) are subject to the requirements of 24 C.F.R. § 92.503. Sub -Recipient must provide along with the other legal instruments an Agreement of Affordability. 23.07 Reversion of Assets. Upon termination of this Agreement, all funds remaining on hand on the date of termination and all accounts receivable attributable to the use of funds received under this Agreement shall revert to City. Sub -Recipient shall return these assets to City within seven (7) days after the date of termination. 23.08 Flood Hazards. Funds provided under this Agreement may not be used in connection with acquisition, rehabilitation, or construction of a development located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 16 Page 279 of 358 23.09 Fair Housing. Sub -Recipient participating in the HOME program shall use affirmative fair housing marketing practices in determining eligibility and concluding all transactions. These requirements apply to all projects of five (5) or more units. Each participating entity must affirmatively further fair housing in accordance with 24 C.F.R. § Part 100. 23.10 Displacement, Relocation, and Acquisition. Sub -Recipient must ensure that it has taken all reasonable steps to minimize the displacement of persons (families, business and nonprofit organizations) as a result of a project assisted with funds provided under this Agreement. Sub - Recipient must comply with the applicable provisions of 24 C.F.R. 92.353, 49 C.F.R. Part 24, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655). 23.11 Property Standards. Sub -Recipient shall ensure that all housing assisted with funds provided under this Agreement (1) shall meet the lead -based paint requirements in 24 C.F.R. § 92.355 upon project completion and (2) shall meet the requirements of 24 C.F.R. § 92.355 for the duration of this Agreement. 23.12 All documents necessary for the conveyance of real property, pursuant to the agreement, must be approved, prior to execution, by the City. (i.e. deeds, notes, Deed of Trust, etc.) 23.13 Funding under this Agreement is contingent upon Sub -Recipient meeting all terms, conditions of this Agreement. 23.14 This Agreement and the performance hereunder may not be assigned without the express written consent of City. 23.15 This Agreement is binding on Sub -Recipient's assigns and successors -in -interest. ARTICLE XXIV ORAL AND WRITTEN AGREEMENTS 24.01 All oral and written agreements between the Parties relating to the subject matter of this Agreement that were made prior to the execution of this Agreement have been reduced to writing and are contained in this Agreement. 24.02 The attachments enumerated and denominated below are hereby made a part of this Agreement, and constitute promised performances by Sub -Recipient in accordance with Article III of this Agreement. ARTICLE XXV VENUE 25.01 For purposes of litigation pursuant to this Agreement, venue shall lie in Brazos County, Texas Contract No. 26300202 HOME Funding Agreement Form 12-12-24 17 Page 280 of 358 ARTICLE XXVI COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS 26.01 Sub -Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, orders and decrees of any court or administrative body or tribunal related to the activities and performances of Sub -Recipient under this Agreement. Upon request by City, Sub - Recipient shall furnish satisfactory proof of its compliance herein. 26.02 Verification No Boycott. To the extent applicable, this Agreement is subject to the following: (a) Boycott Israel. If this Agreement is for goods and services subject to § 2270.002 Texas Government Code, Sub -Recipient verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement; (b) Boycott Firearms. If this Agreement is for goods and services subject to § 2274.002 Texas Government Code, Sub -Recipient verifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c) Boycott Eneruv Companies. Subject to § 2274.002 Texas Government Code, Sub - Recipient herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Agreement. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 18 Page 281 of 358 List of Exhibits A. Performance Statement B. Budget C. Project Implementation Schedule D. Applicable Laws and Regulations E. Certifications F. Insurance Certificates Brazos Valley Community Action Progra CITY OF COLLEGE STATION By: hiqt,61, (hodit,t, Printed Name: Harold Womble Title: nepi it nirertnr Date: 12/8/2025 Contract No. 26300202 HOME Funding Agreement Form 12-12-24 By: City Manager Date: APPROVED: City Attorney Date: 12/8/2025 Assistant City Manager/CFO Date: 12/8/2025 19 Page 282 of 358 EXHIBIT A PERFORMANCE STATEMENT 1. Sub -Recipient is awarded up to $ 320,000.00 from the City of College Station FY 23 & 24 (HUD Grant Year 22 & 23 ) HOME Investment Partnerships Program. These funds must be used for at least one Project consisting of the acquisition and rehabilitation of 1015 Toledo Bend Drive, College Station, TX 77845, and provide no less than one (1) affordable unit to be rented to households at or below 60% of the Area Median Income (AMI) 2. All construction shall be of a design approved by the City. The exterior of the Project must be a minimum of 25% brick and must have a garage or accessory storage structure of at least sixty four (64) square feet if lot size permits. All homes must meet deed restriction requirements and meet the characteristics of the neighborhood. All homes must be inspected and approved by City staff. 3. A detailed Project Budget and cost breakdown shall be submitted by the Sub -Recipient to the City for review of each project for a cost or price analysis prior to the start of the project. 4. A final budget shall be submitted with HOME close-out information at the end of each project showing total costs and funding sources. 5. All work must be in compliance with current City of College Station Building Codes. Sub -Recipient shall dedicate all easements required by City including blanket easements which shall be substituted with as - built easements for all City utilities. All Projects must be substantially completed within one (1) year of the date of this Agreement. 6. All required permits must be obtained prior to any work commencing. All required inspections must be performed by the City of College Station Building Inspectors. 7. Sub -Recipient must provide written notification of all subcontractors to City. 8. Upon completion of such construction Sub -Recipient must submit a copy of all receipts paid. At that point, the City will have 30 days to make payment on said receipts, not to exceed maximums established in Exhibit B, Budgets. 9. Within six (6) months from issuance of the Certificate of Occupancy, said HOME unit must be occupied by an eligible resident. Sub -Recipient is not prohibited from conducting a background check on credit history or criminal history. 10. Any program income, recaptured funds, or repayment of any funds must be immediately returned to the City of College Station. In the event that there is program income, repayments, and/or recaptured funds, the funds must be used in accordance with the requirements of 24 C.F.R. § 92.503. Recaptured funds will be subject to 24 C.F.R. § 92.254 (a)(5)(ii)(A)(2) reduced during affordability period, prorated monthly. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 Page 283 of 358 EXHIBIT B BUDGET SOURCES OF FUNDS: Maximum Proceeds of grant under the agreement $320, 000.00 USES OF FUNDS: Acquisition Costs $285,000.00 Developer Fees $32,000.00 Other Soft Costs $3,000.00 Total $320,000.00 Contract No. 26300202 HOME Funding Agreement Form 12-12-24 Page 284 of 358 EXHIBIT C PROJECT IMPLEMENTATION SCHEDULE AGREEMENT START DATE: AGREEMENT END DATE: January 8, 2026 January 8, 2028 Construction Phase — Construction for this Project is scheduled to begin within one year of property acquisition with completion and certificate of occupancy date for all projects no later than January 8, 2028 . The issuance of a building permit will constitute start of construction. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 Page 285 of 358 EXHIBIT D THE APPLICABLE LAWS AND REGULATIONS Sub -Recipient shall comply with all federal, state, and local laws and regulations applicable to the activities and performances rendered by Sub -Recipient under this Agreement including but not limited to the laws, and the regulations specified in Section I through VI of this Exhibit D. I. CIVIL RIGHTS • THE FAIR HOUSING ACT (42 U.S.C. 3601-20) AND IMPLEMENTING REGULATIONS AT 24 C.F.R. PART 100; EXECUTIVE ORDER 11063, AS AMENDED BY EXECUTIVE ORDER 12259 (3 C.F.R., 1958-1963 COMP., P. 652 AND 3 C.F.R., 1980 COMP., P. 307) (EQUAL OPPORTUNITY IN HOUSING) AND IMPLEMENTING REGULATIONS AT 24 C.F.R., PART 107; AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000D) (NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS) AND IMPLEMENTING REGULATIONS ISSUED AT 24 C.F.R., PART 1; • EXECUTIVE ORDER 11063, AS AMENDED BY EXECUTIVE ORDER 12259, AND 24 C.F.R. PART 107, "NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063". THE FAILURE OR REFUSAL OF SUB -RECIPIENT TO COMPLY WITH THE REQUIREMENTS OF EXECUTIVE ORDER 11063 OR 24 C.F.R., PART 107 SHALL BE A PROPER BASIS FOR THE IMPOSITION OF SANCTIONS SPECIFIED IN 24 C.F.R. 107.60; • THE PROHIBITION AGAINST DISCRIMINATION ON THE BASIS OF AGE UNDER THE AGE DISCRIMINATION ACT OF 1975 (42 U.S.C. 6101-07) AND IMPLEMENTING REGULATIONS AT 24 C.F.R., PART 146, AND THE PROHIBITIONS AGAINST DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS UNDER SECTION 504 OF THE REHABILITATION ACT OF 1973 (29 U.S.C. 794) AND IMPLEMENTING REGULATIONS AT 24 C.F.R., PART 8; • THE REQUIREMENTS OF EXECUTIVE ORDER 11246 (3 C.F.R. 1964-65, COMP., P. 339) (EQUAL EMPLOYMENT OPPORTUNITY) AND THE IMPLEMENTING REGULATIONS ISSUED AT 41 C.F.R., CHAPTER 60. • THE REQUIREMENTS OF 24 C.F.R. 92.351 (MINORITY OUTREACH), EXECUTIVE ORDERS 11625 AND 12432 (CONCERNING MINORITY BUSINESS ENTERPRISE), AND 12138 (CONCERNING WOMEN'S BUSINESS ENTERPRISE). CONSISTENT WITH HUD's RESPONSIBILITIES UNDER THESE ORDERS, SUB -RECIPIENT MUST MAKE EFFORTS TO ENCOURAGE THE USE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES IN CONNECTION WITH HOME FUNDED ACTIVITIES. SUB -RECIPIENT MUST PRESCRIBE PROCEDURES ACCEPTABLE TO THE CITY TO ESTABLISH ACTIVITIES TO ENSURE THE INCLUSION, TO THE MAXIMUM EXTENT POSSIBLE, OF MINORITIES AND WOMEN, AND ENTITIES OWNED BY MINORITIES AND WOMEN. THE AGREEMENT OR / SUBCONTRACTOR WILL BE REQUIRED TO IDENTIFY AGREEMENTS WHICH HAVE BEEN BID BY MINORITY OWNED, WOMEN OWNED, AND/OR SMALL DISADVANTAGED BUSINESSES. • THE AGE DISCRIMINATION ACT OF 1975 (42 U.S.C., SECTION 6101 ET SEQ.); • SECTION 504 OF THE REHABILITATION ACT OF 1973 (29 U.S.C., SECTION 794) AND "NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY -ASSISTED PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT", 24 C.F.R., PART 8. BY SIGNING THIS Contract No. 26300202 HOME Funding Agreement Form 12-12-24 Page 286 of 358 AGREEMENT, SUB -RECIPIENT UNDERSTANDS AND AGREES THAT THE ACTIVITIES FUNDED HEREIN SHALL BE OPERATED IN ACCORDANCE WITH 24 C.F.R., PART 8; AND THE ARCHITECTURAL BARRIERS ACT OF 1968 (42 U.S.C., SECTION 4151 ET. SEQ.) INCLUDING THE USE OF A TELECOMMUNICATIONS DEVICE FOR DEAF PERSONS (TDDs) OR EQUALLY EFFECTIVE COMMUNICATION SYSTEM. IL LEAD -BASED PAINT • TITLE IV OF THE LEAD -BASED PAINT POISONING PREVENTION ACT (42 U.S.C. SEC. 4831). III. ENVIRONMENTAL STANDARDS • NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (42 U.S.C. SEC. 4321 ET. SEQ.) AND 40 C.F.R. PARTS 1500-1508; • THE NATIONAL HISTORIC PRESERVATION ACT OF 1966 (16 U.S.C. SEC. 470 ET. SEQ.) AS AMENDED; PARTICULARLY SECTION 106 (16 U.S.C. SEC. 470F); • EXECUTIVE ORDER 11593, PROTECTION AND ENHANCEMENT OF THE CULTURAL ENVIRONMENT, MAY 13, 1971 (36 FED. REG. 8921), PARTICULARLY SECTION 2(C); • THE RESERVOIR SALVAGE ACT OF 1960 (16 U.S.C. SEC. 469 ET SEQ.). PARTICULARLY SECTION 3 (16 U.S.C. SEC. 469A-1), AS AMENDED BY THE ARCHEOLOGICAL AND HISTORIC PRESERVATION ACT OF 1974; FLOOD DISASTER PROTECTION ACT OF 1973, (42 U.S.C. SEC. 4001 ET. SEQ.) AS AMENDED, PARTICULARLY SECTIONS 102(A) AND 202(A) (42 U.S.C. SEC. 4012A (A) AND SEC. 4106(A); • EXECUTIVE ORDER 11988, FLOODPLAIN MANAGEMENT, MAY 24, 1977 (42 FED. REG. 26951), PARTICULARLY SECTION 2(A). • EXECUTIVE ORDER 11990 PROTECTION OF WETLANDS, MAY 24, 1977 (42 FED. REG. 26961), PARTICULARLY SECTIONS 2 AND 5. • THE SAFE DRINKING WATER ACT OF 1974, (42 U.S.C. SEC. 201, 300(F) ET SEQ.) AND (21 U.S.C. SEC. 349) AS AMENDED, PARTICULARLY SECTION 1424(E) (42 U.S.C. SEC. 300H-303(E); • THE ENDANGERED SPECIES ACT OF 1973, (16 U.S.C. SEC. 1531 ET. SQ.) AS AMENDED, PARTICULARLY SECTION 7 (16 U.S.C. SEC. 1536); • THE WILD AND SCENIC RIVERS ACT OF 1968, (16 U.S.C. SEC. 1271 ET SEQ.) AS AMENDED, PARTICULARLY SECTION 7(B) AND (c)(16 U.S.C. SEC. 1278(B) AND (C); • THE CLEAN AIR ACT (41 U.S.C. SEC. 7401 ET SEQ.) AS AMENDED, PARTICULARLY SECTION 176(C) AND (D) (42 U.S.C. SEC. 7506(C) AND (D); • FARMLANDS PROTECTION AND POLICY ACT OF 1981, (7 U.S.C. SEC. 4201 ET SEQ.) • 24 C.F.R. PART 51, ENVIRONMENTAL CRITERIA AND STANDARDS. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 Page 287 of 358 IV. ACOUISITION/RELOCATION • THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (42 U.S.C., SEC. 4601 ET. SEQ.), 49 C.F.R. PART 24, AND 24 C.F.R. SECTION 570.496A (55 FED. REG. 29309 (JuLY 18, 1990) V. LABOR REOUIREMENTS • AGREEMENT WORK HOURS AND SAFETY STANDARDS ACT, AS AMENDED (40 USC 327-333) • COPELAND (ANTI -KICKBACK) ACT (40 USC 276c) • FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED (29 USC 201, ET. SEQ.) • DAVIS-BACON (PREVAILING WAGE) ACT (40 USC 3141-3148), AS SUPPLEMENTED BY THE DEPARTMENT OF LABOR REGULATIONS (29 CFR PART 5) VI. FEDERAL COMPLIANCE • DEBARMENT AND SUSPENSION O A "CONTRACT AWARD" (SEE 2 CFR 180.220) MUST NOT BE MADE TO PARTIES LISTED ON THE GOVERNMENT -WIDE EXCLUSIONS IN THE SYSTEM FOR AWARD MANAGEMENT (SAM), IN ACCORDANCE WITH THE OMB GUIDELINES AT 2 CFR 180 THAT IMPLEMENT EXECUTIVE ORDERS 12549 (51 FR 6370; FEBRUARY 21, 1986) AND 12689 (54 FR 34131; AUGUST 18, 1989), "DEBARMENT AND SUSPENSION." SAM EXCLUSIONS CONTAINS THE NAMES OF PARTIES DEBARRED, SUSPENDED, OR OTHERWISE EXCLUDED BY AGENCIES, AS WELL AS PARTIES DECLARED INELIGIBLE UNDER STATUTORY OR REGULATORY AUTHORITY OTHER THAN EXECUTIVE ORDER 12549. IN THE EVENT THIS AGREEMENT IS A "COVERED TRANSACTION" FOR THE PURPOSES OF 2 CFR PART 180 AND 2 CFR PART 3000, THE FOLLOWING PROVISIONS SHALL APPLY: O THIS AGREEMENT IS A COVERED TRANSACTION FOR PURPOSES OF 2 CFR PART 180 AND 2 CFR PART 3000. As SUCH THE SUB -RECIPIENT IS REQUIRED TO VERIFY THAT NONE OF THE SUB -RECIPIENT, ITS PRINCIPALS (DEFINED AT 2 CFR § 180.995), OR ITS AFFILIATES (DEFINED AT 2 CFR § 180.905) ARE EXCLUDED (DEFINED AT 2 CFR § 180.940) OR DISQUALIFIED (DEFINED AT 2 CFR § 180.935). O THE SUB -RECIPIENT MUST COMPLY WITH 2 CFR PART 180, SUBPART C AND 2 CFR PART 3000, SUBPART C AND MUST INCLUDE A REQUIREMENT TO COMPLY WITH THESE REGULATIONS IN ANY LOWER TIER COVERED TRANSACTION IT ENTERS INTO. O THIS CERTIFICATION IS A MATERIAL REPRESENTATION OF FACT RELIED UPON BY THE CITY. IF IT IS LATER DETERMINED THAT THE SUB -RECIPIENT DID NOT COMPLY WITH 2 CFR PART 180, SUBPART C AND 2 CFR PART 3000, SUBPART C, IN ADDITION TO REMEDIES AVAILABLE TO THE CITY, THE FEDERAL GOVERNMENT MAY PURSUE AVAILABLE REMEDIES, INCLUDING BUT NOT LIMITED TO SUSPENSION AND/OR DEBARMENT. O SUB -RECIPIENT AGREES TO COMPLY WITH THE REQUIREMENTS OF 2 CFR PART 180, SUBPART C AND 2 CFR PART 3000, SUBPART C WHILE THIS CONTRACT IS IN EFFECT AND FURTHER AGREES TO INCLUDE A PROVISION REQUIRING SUCH COMPLIANCE IN ITS LOWER TIER COVERED TRANSACTIONS. • DOMESTIC PREFERENCES FOR PROCUREMENTS. O § 200.322 OF 2 CFR 200 REQUIRES A SUB -RECIPIENT, AS APPROPRIATE AND TO THE EXTENT Contract No. 26300202 HOME Funding Agreement Form 12-12-24 Page 288 of 358 CONSISTENT WITH LAW, AND TO THE GREATEST EXTENT PRACTICABLE UNDER AN AGREEMENT INVOLVING A FEDERAL AWARD OR FEDERAL FUNDS, PROVIDE A PREFERENCE FOR THE PURCHASE, ACQUISITION, OR USE OF GOODS, PRODUCTS, OR MATERIALS PRODUCED IN THE UNITED STATES (INCLUDING BUT NOT LIMITED TO IRON, ALUMINUM, STEEL, CEMENT, AND OTHER MANUFACTURED PRODUCTS). THE REQUIREMENTS OF THIS SECTION MUST BE INCLUDED IN ALL SUBAWARDS INCLUDING ALL CONTRACTS AND PURCHASE ORDERS FOR WORK OR PRODUCTS UNDER THIS AWARD. O FOR PURPOSES OF THE ABOVE SECTION: • "PRODUCED IN THE UNITED STATES" MEANS, FOR IRON AND STEEL PRODUCTS, THAT ALL MANUFACTURING PROCESSES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, OCCURRED IN THE UNITED STATES. ■ "MANUFACTURED PRODUCTS" MEANS ITEMS AND CONSTRUCTION MATERIALS COMPOSED IN WHOLE OR IN PART OF NON-FERROUS METALS SUCH AS ALUMINUM; PLASTICS AND POLYMER -BASED PRODUCTS SUCH AS POLYVINYL CHLORIDE PIPE; AGGREGATES SUCH AS CONCRETE; GLASS, INCLUDING OPTICAL FIBER; AND LUMBER. • PROCUREMENT OF RECOVERED MATERIALS O UNDER 2 CFR 200.323, SUB -RECIPIENT MUST COMPLY WITH SECTION 6002 OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT. IN THE EVENT THIS AGREEMENT IS FOR MORE THAN $10,000, THE FOLLOWING PROVISION APPLIES: ■ IN THE PERFORMANCE OF THIS AGREEMENT, THE SUB -RECIPIENT SHALL MAKE MAXIMUM USE OF PRODUCTS CONTAINING RECOVERED MATERIALS THAT ARE EPA DESIGNATED ITEMS UNLESS THE PRODUCT CANNOT BE ACQUIRED: • (1) COMPETITIVELY WITHIN A TIMEFRAME PROVIDING FOR COMPLIANCE WITH THE CONTRACT PERFORMANCE SCHEDULE; • (2) MEETING CONTRACT PERFORMANCE REQUIREMENTS; OR • (3) AT A REASONABLE PRICE. O INFORMATION ABOUT THIS REQUIREMENT, ALONG WITH THE LIST OF EPA DESIGNATED ITEMS, IS AVAILABLE AT EPA's COMPREHENSIVE PROCUREMENT GUIDELINES WEBSITE, HTTPS://W W W.EPA.GOV/SMM/COMPREHENSIVE-PROCUREMENT-GUIDELINE-CPG-PROGRAM. O THE SUB -RECIPIENT ALSO AGREES TO COMPLY WITH ALL OTHER APPLICABLE REQUIREMENTS OF SECTION 6002 OF THE SOLID WASTE DISPOSAL ACT. • FEDERAL SEAL, LOGO, AND FLAGS O THE SUB -RECIPIENT SHALL NOT USE ANY FEDERAL GOVERNMENT SEAL(S), LOGOS, CRESTS, OR REPRODUCTIONS OF FLAGS OR LIKENESSES OF ANY FEDERAL GOVERNMENT AGENCY OFFICIALS WITHOUT SPECIFIC FEDERAL GOVERNMENT PRE -APPROVAL. Contract No. 26300202 HOME Funding Agreement Form 12-12-24 Page 289 of 358 EXHIBIT E CERTIFICATION REGARDING LOBBYING FOR AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of its knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement or modification of any federal agreement, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and agreements under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose accordingly. This certification is material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.A. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: Printed Name: Title: Date: Contract No. 26300202 HOME Funding Agreement Form 12-12-24 Page 290 of 358 EXHIBIT F CERTIFICATES OF INSURANCE Contract No. 26300202 HOME Funding Agreement Form 12-12-24 Page 291 of 358 ,accoR o�® CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ANCO Insurance PO Box 3889 Bryan TX 77805 INSURED BVCAP - Brazos Valley Community Action Programs P.O. Box 4128 Bryan TX 77805 COVERAGES CONTACT NAME: Cheryl Murski PHONE (A/C. No. Ext): 979-774-6259 E-MAIL ADDRESS: murski Q@ianco.com INSURER(S) AFFORDING COVERAGE INSURERA: Philadelphia Insurance Compani INSURER B : Texas Mutual Insurance Company INSURER C : I INSURER D : I INSURER E : I INSURER F : CERTIFICATE NUMBER: 1830239072 REVISION NUMBER: DATE (MM/DD/YYYY) 12/5/2025 FAX A C, No): 979-774-5372 BVCABRA-01 NAIC # 18058 22945 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY PHPK2606061-008 9/30/2025 9/30/2026 EACH OCCURRENCE CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- LOC JECT OTHER A AUTOMOBILE LIABILITY A B X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE DED X RETENT ON $ i n nnn WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A P H PK2606061-008 P H U B882769-008 0002100480 9/30/2025 9/30/2026 9/30/2025 9/30/2026 6/30/2025 6/30/2026 DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ 1,000,000 $ 100,000 $ 5,000 $ 1,000,000 $ 3,000,000 $ 3,000,000 $ 1,000,000 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X PER OTH- STATUTE ER E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE E L DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER City of College Station Risk Management P.O. Box 9960 College Station TX 77842 USA ACORD 25 (2016/03) CANCELLATION $ 1,000,000 $ 1,000,000 $ 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ../(4144rt/ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 292 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket -As Required by Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only 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: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Page 293 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket - As Required by Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 Page 294 of 358 POLICY #PHPK2606061-008 PI-CA-003 (04/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following: The following are also "insureds": Any person or organization for whom you are required by an "insured contract" to procure "bodily injury" or "property damage" liability insurance arising out of the operation of a covered "auto" with your permission. However, this additional insurance does not apply to: 1. The owner or anyone else from whom you hire or borrow a covered "auto." This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own; 2. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; 3. Anyone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours; 4. Anyone other than your "employees," partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees," while moving property to or from a covered "auto"; or 5. A partner (if you are a partnership), or a member (if you are a limited liability company) for covered "auto" owned by him or her or a member of his or her household. B. The "insured contract" must be in effect during the policy period shown in the Declarations and must have been executed prior to the "bodily injury" or "property damage". C. This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that "insured", whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your employees. D. There is no coverage provided to this person or organization for "bodily injury" to its employees or for "property damage" to its property. E. Coverage for this person or organization shall be limited to the extent of your negligence or fault according to the applicable principles of comparative negligence or fault. F. The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". G. A person's or organization's status as an "insured" under this endorsement ends when your operations for that "insured" are completed. Page 1 of 2 Page 295 of 358 PI-CA-003 (04/14) H. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any "insured," or to procure insurance. I. The following additional exclusions apply: The insurance afforded to any person or organization as an "insured" under this endorsement does not apply to "loss": 1. Which occurs prior to the date your contract is effective with such person or organization; 2. Arising out of the sole negligence of any person or organization that would not be an "insured" except for this endorsement; or 3. Which occurs after you returned the leased or rented "auto" to the lessor or the policy period ends, whichever occurs first. Page 2 of 2 Page 296 of 358 POLICY #PHPK2606061-008 PI-CA-001 (09/15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Page Coverage Applicable Limit of Insurance # Who is An Insured 2 Board Members Included Newly Acquired Entities Included Designated Insured Included Lessor of Leased Autos Included Cost of Bail Bonds $5,000 2 Reasonable Expenses — Loss of Earnings $500 per day 2 Fellow Employee Coverage Amended 3 Towing $100 per disablement 3 Glass Breakage (Windshields and Windows) No deductible applies 3 Transportation Expenses $100 per day / $3,000 maximum 3 Hired Auto Physical Damage — Loss of Use $100 per day / $1,000 maximum 3 Hired Auto Physical Damage ACV or repair or replacement of the 4 vehicle whichever is less Personal Effects $500 4 Rental Reimbursement $100 per day / 30 days 4 Accidental Discharge — Air Bag Amended 4 Electronic Equipment $1000 5 Original Equipment Manufacturer Parts Included 5 Replacement Auto Loan / Lease Gap Coverage Amended 5 One Comprehensive Coverage Deductible Per Amended 6 Occurrence Notice of and Knowledge of Occurrence Amended 7 Blanket Waiver of Subrogation Amended (as required by written contract) 7 Unintentional Errors or Omissions Amended 7 Mental Anguish — Bodily Injury Redefined Amended 7 Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement. Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below. Page 1 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 297 of 358 PI-CA-001 (09/15) I. LIABILITY COVERAGE EXTENSIONS A. Who Is An Insured SECTION II — LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following: The following are also "insureds": 1. Board Members — Board members (or their spouses) while renting a vehicle while on business for the named insured. 2. Newly Acquired Entities — Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following the acquisition or the formation of the business entity. 3. Designated Insured — Any person or organization designated by the "insured" is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. 4. Lessor of Leased Autos — The lessor of a "leased auto" is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. Any "leased auto" in the policy schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. The coverages provided under this endorsement apply to any "leased auto" in the policy schedule until the expiration date of the lease, or when the lessor or his or her agent takes possession of the "leased auto," whichever occurs first. "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. B. Cost of Bail Bonds SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Item (2) is deleted in its entirety and replaced with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. C. Reasonable Expenses SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Item (4) is deleted in its entirety and replaced with the following: Page 2 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 298 of 358 PI-CA-001 (09/15) (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Fellow Employee Coverage SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee is deleted in its entirety and replaced by the following: "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to any manager or officer of your company. II. PHYSICAL DAMAGE COVERAGE EXTENSIONS A. Towing SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted in its entirety and replaced with the following: 2. Towing We will pay up to $100 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. No deductible applies to this enhancement. B. Glass Breakage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles is amended by adding the following: No deductible applies to "loss" to glass used in the windshield or windows. C. Transportation Expenses SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses is deleted in its entirety and replaced with the following: a. Transportation Expenses We will pay up to $100 per day to a maximum of $3,000 for temporary transportation expenses incurred by you because of a "loss" to a covered "auto." We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the "loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss." D. Hired Auto Physical Damage — Loss of Use The last sentence of SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is deleted in its entirety and replaced with the following: However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $1,000. Page 3 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 299 of 358 PI-CA-001 (09/15) E. Hired Auto Physical Damage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Hired Auto Physical Damage Any "auto" you lease, hire, rent or borrow from someone other than your "employees" or partners, or members of their household is a covered "auto" for each of your physical damage coverages. The most we will pay for any "loss" in any one "accident" is the ACV or the cost for repair or replacement of the vehicle, whichever is less. For each covered "auto" our obligation to pay will be reduced by a deductible of $500 for Comprehensive Coverage and $1000 for Collision Coverage. F. Personal Effects Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Personal Effects Coverage We will pay up to $500 for "loss" to personal effects, which are: 1. Owned by an "insured"; and 2. In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage. G. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Rental Reimbursement Coverage We will pay up to $100 per day, for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." We will also pay up to $300 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto." If "loss" results from the total theft of a covered "auto," we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Item III. C. Transportation Expenses of this endorsement. H. Accidental Discharge — Airbag Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 3. is amended by adding the following exception: Page 4 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 300 of 358 PI-CA-001 (09/15) This exclusion does not apply to the accidental discharge of an airbag. This coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. I. Electronic Equipment Coverage The following supersedes anything to the contrary in SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 4. Exclusions 4.c. and 4.d. do not apply to: Any risk management or monitoring equipment and electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss," and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto." The most we will pay for all "loss" to risk management or monitoring equipment, audio, visual or data electronic equipment that is not designed solely for the reproduction of sound and any accessories used with this equipment as a result of any one "accident" is the least of: a. The actual cash value of the damaged or stolen property at the time of the "loss"; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $1,000. This coverage will not apply if there is other insurance provided by this policy for the above - described electronic equipment. We will, however, pay any deductible, up to $500, that is applicable under the provisions of the other insurance. J. Original Equipment Manufacturer (OEM) Parts Replacement SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance, Paragraph 1. is amended to include: However, if the covered "auto" has less than 20,000 miles on its odometer, then the following condition will apply: We will pay the cost to replace the damaged parts (excluding glass and mechanical parts) with new Original Equipment Manufacturer replacement parts if the damaged parts cannot be repaired. K. Auto Loan / Lease Gap Protection SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is amended to include the following: 4. In the event of "loss" to a covered "auto" that is loaned or leased to an "insured": a. The most we will pay for "loss" in any one "accident" is the lesser of: Page 5 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 301 of 358 PI-CA-001 (09/15) (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like, kind and quality. b. Our Limit of Insurance for "total loss" will be the greater of: (1) The balance due under the terms of the lease or loan, to which your "auto" is subject but not including: (a) Past due payments; (b) Financial penalties imposed under the lease; (c) Security deposits not refunded; (d) Costs for extended warranties or insurance; or (e) Final payment due under a "balloon loan"; or (2) Actual cash value of the stolen or damaged property. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of "loss." c. Additional Definitions (1) "Total loss" for the purpose of this coverage, means a loss in which the estimated cost of repairs, plus the salvage value, exceeds the actual cash value. (2) "Balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. d. Additional Conditions This coverage will apply only to the original lease or loan written on your covered "auto." In order for this coverage to apply, leased "autos" must be leased or rented to you under a leasing or rental agreement, for a period of not less than six months, which requires you to provide direct primary insurance for the benefit of the lessor. L. One Comprehensive Coverage Deductible SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: Only one Comprehensive Coverage Deductible per occurrence will apply to any "loss" resulting from a covered peril. For the purpose of this extension, occurrence means a single incident, including continuous or repeated exposure to substantially the same general harmful conditions within a 24-hour period. Page 6 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 302 of 358 PI-CA-001 (09/15) III. BUSINESS AUTO CONDITIONS A. Notice and Knowledge of Occurrence SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following: a. In the event of "accident," claim, "suit" or "loss," you must give us, or our authorized representative, prompt notice of the "accident" or "loss." Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. B. Blanket Waiver Of Subrogation SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract." C. Unintentional Errors or Omissions SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. IV. DEFINITIONS A. Mental Anguish SECTION V — DEFINITIONS, C. "Bodily injury" is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Page 7 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 303 of 358 POLICY #PHPK2606061-008 PI-CANXAICH-002 (05/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART AI or CH AI SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS Additional Insured or Certificate Holder Address Blanket- As Required by Written Contract The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives. 1. 30 days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage. Page 1 of 1 Page 304 of 358 PI-AI-SCH (08/20) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2606061-008 City of College Station Risk Management PO Box 9960 College Station, TX 77842-7960 CG2026 - General Liability PI-AI-SCH (08/20) Page 2 of 2 Page 305 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL GENERAL LIABILITY CG20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of College Station Risk Management Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 Page 306 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Loc 22 Bldg 1, 1015 Toledo Bend Dr, College Station, TX 77845 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 Page 307 of 358 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ Page 308 of 358 POLICY #PHPK2606061-008 PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 12/02/2025 Name of Person or Organization (Additional Insured): City of College Station Risk Management SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 309 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Brazos Valley Community Action Programs Endorsement Effective Date: 12/02/2025 SCHEDULE Name Of Person(s) Or Organization(s): SEE SCHEDULE PI-CA-044 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Page 310 of 358 POLICY #PHPK2606061-008 PI-CA-044 (09/23) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE - DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This schedule is used with endorsement CA 20 48 Designated Insured for Covered Autos Liability Coverage to provide additional space to complete the schedule. SCHEDULE Name Of Person(s) Or Organization(s): City of College Station Risk Management PO Box 9960 College Station, TX 77842-7960 CA2048 - Commercial Automobile PI-CA-044 (09/23) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 311 of 358 POLICY #PHPK2606061-008 PI-CA-023 (07/19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and the Garage Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". PI-CA-023 (07/19) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 312 of 358 POLICY NUMBER: PHPK2606061-008 IL12060403 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS POLICY CHANGES Effective Date of Change: 12/02/2025 Change Endorsement No.: 4 Revision No.: 4 Named Insured: Brazos Valley Community Action Programs The following item(s): Insured's Name Policy Number Effective/Expiration Date x Additional Interested Parties x Limits/Exposures Covered Property/Location Description Rates is (are) changed to read {See Additional Page(s)}: Path ID 19002457 Insured's Mailing Address Company Insured's Legal Status/Business of Insured Premium Determination x Coverage Forms and Endorsements Deductibles Classification/Class Codes The above amendments result in a change in the premium as follows: NO CHANGES I TO BE ADJUSTED AT AUDIT Countersigned By: Issue Date: 12/04/2025 (Authorized Agent) ADDITIONAL PREMIUM $ 1,940.00 RETURN PREMIUM IL 12 06 04 03 © ISO Properties, Inc., 2002 Page 1 ❑ Page 313 of 358 POLICY CHANGES ENDORSEMENT DESCRIPTION In consideration of the premium reflected, the policy is amended as indicated below: Added location to all impacted coverage lines: Loc 22 Bldg 1, 1015 Toledo Bend Dr, College Station, TX 77845 $252,845 Building $22,727 Business Income -Basic GL Class 63010- Dwelling-1 Fam (Lessor's Risk) Premium Basis- 1 Dwelling Added: Additional Insured: City of College Station Risk Management PO Box 9960 College Station, TX 77842 CG2503- Designated Construction Project(s) General Aggregate Limit PI-CA-023- Primary And Noncontributory -Other Insurance Condition Per attached REMOVAL PERMIT If this policy includes the Commercial Property Coverage Part, or the Capital Assets Program (Output Policy) Coverage Part with all property scheduled on the Scheduled Location Endorsement OP 14 01, the following ap- plies with respect to that Coverage Part: If Covered Property is removed to a new location that is described on this Policy Change, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change; after that, this insurance does not apply at the previous location. IL12060403 © ISO Properties, Inc., 2002 Page 2 ❑ Page 314 of 358 PI-LOC-SCH (08/20) Philadelphia Indemnity Insurance Company Locations Schedule Policy Number: PHPK2606061-008 Prems. Bldg. No. No. Address 0001 0001 1604 Stacey St Navasota, TX 77868-2641 0002 0001 711 N Houston Ave Bryan, TX 77803-4145 0003 0001 305 W Valverde St Brenham, TX 77833-4516 0004 0001 203 W 30th St Bryan, TX 77803-6923 0005 0001 1306 Barak Ln Bryan, TX 77802-3203 0006 0001 710 S Magnolia St Hearne, TX 77859-2859 0007 0001 600 Gerald St #200,202,300-305 Willis, TX 77378-3477 0008 0001 3341 & 3343 Lodgepole Cir College Station, TX 77845-5902 0009 0001 906 Kalanchoe Ct Units A & B College Station, TX 77840-4138 0010 0001 3308 & 3310 Lodgepole Cir College Station, TX 77845-5902 0011 0001 932 & 934 Willow Pond St College Station, TX 77845-7295 0012 0001 900 Camellia Ct Units A & B College Station, TX 77840-4125 0013 0001 929 & 931 Sun Meadow Ct College Station, TX 77845-7293 0014 0001 2809 Longmire Dr Units A,B,C,D College Station, TX 77845-5852 0015 0001 3984 Windfree Dr College Station, TX 77845-8373 0016 0001 1112 Waynesboro Court College Station, TX 77845-3997 PI-LOC-SCH (08/20) Page 1 of 2 Page 315 of 358 PI-LOC-SCH (08/20) Philadelphia Indemnity Insurance Company Locations Schedule Policy Number: PHPK2606061-008 Prems. Bldg. No. No. Address 0017 0001 3989 Windfree Dr College Station, TX 77845-8374 0018 0001 1000 Raney Ln Madisonville, TX 77864-7594 0019 0001 206 S Wright St Ste B Caldwell, TX 77836-1845 0020 0001 4001 E 29th St Ste 150,170 & 175 Bryan, TX 77802-4211 0021 0001 1002 W Brown St Hearne, TX 77859-3063 0022 0001 1015 Toledo Bend Dr College Station, TX 77845-7833 PI-LOC-SCH (08/20) Page 2 of 2 Page 316 of 358 PI-AI-SCH (08/20) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2606061-008 Blanket -As Required by Written Contract CG2026 - TX - Loc #1 CG2026 - TX - Loc #2 CG2026 - TX - Loc #3 CG2026 - TX - Loc #4 CG2026 - TX - Loc #5 CG2026 - TX - Loc #6 CG2026 - TX - Loc #7 CG2026 - TX - Loc #8 CG2026 - TX - Loc #9 CG2026 - TX - Loc #10 CG2026 - TX - Loc #11 CG2026 - TX - Loc #12 CG2026 - TX - Loc #13 CG2026 - TX - Loc #14 CG2026 - TX - Loc #15 CG2026 - TX - Loc #16 CG2026 - TX - Loc #17 CG2026 - TX - Loc #18 CG2026 - TX - Loc #19 CG2026 - TX - Loc #20 CG2026 - TX - Loc #21 PI-AI-SCH (08/20) Page 1 of 2 Page 317 of 358 PI-AI-SCH (08/20) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2606061-008 City of College Station Risk Management PO Box 9960 College Station, TX 77842-7960 CG2026 - General Liability PI-AI-SCH (08/20) Page 2 of 2 Page 318 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy 0001 001 1604 Stacey St Navasota, TX 77868-2641 SCHOOLS PC 03 MASONRY NON-COMBUSTIBLE 0002 001 711 N Houston Ave Bryan, TX 77803-4145 School PC 01 FRAME Agent# 2478 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causesof(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible 0001 001 BUSINESS PERS PROPERTY 120,000 SPECIAL 80% 5,000 0001 001 BUSINESS INCOME -BASIC (1) 22,727 SPECIAL 80% 72 HR. 0002 001 BUSINESS PERS PROPERTY 120,000 SPECIAL 80% 5,000 0002 001 BUSINESS INCOME -BASIC (2) 22,727 SPECIAL 80% 72 HR. OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard 0001 001 BUSINESS PERS PROPERTY (X) (X) 0002 001 BUSINESS PERS PROPERTY (X) (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson Loss Payment orValue Reporting Form Symbol (5) 10%or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 1 of 12 Page 319 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy 0003 001 305 W Valverde St Brenham, TX 77833-4516 School PC 03 FRAME 0004 001 203 W 30th St Bryan, TX 77803-6923 CAFETERIA/MEALS ON WHEELS PC 01 FRAME Agent# 2478 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causesof(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible 0003 001 BUILDING 680,269 SPECIAL 80% 5,000 0003 001 BUSINESS PERS PROPERTY 120,000 SPECIAL 80% 5,000 0003 001 BUSINESS INCOME -BASIC (1) 22,727 SPECIAL 80% 72 HR. 0004 001 BUSINESS PERS PROPERTY 150,000 SPECIAL 80% 5,000 0004 001 BUSINESS INCOME -BASIC (1) 37,500 SPECIAL 80% 72 HR. OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard 0003 001 BUILDING (X) 0003 001 BUSINESS PERS PROPERTY (X) (X) 0004 001 BUSINESS PERS PROPERTY (X) (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson LossPayment orValue Reporting Form Symbol (5) 10% or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 2 of 12 Page 320 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy 0005 001 1306 Barak Ln Bryan, TX 77802-3203 School PC 01 FRAME 0006 001 710 S Magnolia St Hearne, TX 77859-2859 School PC 06 FRAME Agent# 2478 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causesof(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible 0005 001 BUILDING 684,595 SPECIAL 80% 5,000 0005 001 BUSINESS PERS PROPERTY 120,000 SPECIAL 80% 5,000 0005 001 BUSINESS INCOME -BASIC (1) 22,727 SPECIAL 80% 72 HR. 0006 001 BUILDING 757,349 SPECIAL 80% 5,000 0006 001 BUSINESS PERS PROPERTY 145,000 SPECIAL 80% 5,000 0006 001 BUSINESS INCOME -BASIC (1) 22,727 SPECIAL 80% 72 HR. OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard 0005 001 BUILDING (X) 0005 001 BUSINESS PERS PROPERTY (X) (X) 0006 001 BUILDING 0006 001 BUSINESS PERS PROPERTY (X) (X) (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson Loss Payment orValue Reporting Form Symbol (5) 10%or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 3 of 12 Page 321 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy 0007 001 600 Gerald St #200,202,300-305 Willis, TX 77378-3477 Office PC 01 FRAME 0008 001 3341 & 3343 Lodgepole Cir College Station, TX 77845-5902 Duplex PC 01 FRAME Agent# 2478 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causesof(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible 0007 001 BUSINESS PERS PROPERTY 40,000 SPECIAL 80% 5,000 0007 001 BUSINESS INCOME -BASIC (1) 22,727 SPECIAL 80% 72 HR. 0008 001 BUILDING 205,384 SPECIAL 80% 5,000 0008 001 BUSINESS INCOME -BASIC (1) 16,200 SPECIAL 80% 72 HR. OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard 0007 001 BUSINESS PERS PROPERTY (X) (X) 0008 001 BUILDING (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson Loss Payment orValue Reporting Form Symbol (5) 10%or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 4 of 12 Page 322 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy 0009 001 906 Kalanchoe Ct Units A & B College Station, TX 77840-4138 Duplex PC 01 FRAME 0010 001 3308 & 3310 Lodgepole Cir College Station, TX 77845-5902 Duplex PC 01 FRAME Agent# 2478 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causesof(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible 0009 001 BUILDING 0009 001 BUSINESS INCOME -BASIC (1) 0010 001 BUILDING 0010 001 BUSINESS INCOME -BASIC (1) 307,665 SPECIAL 80% 5,000 15,840 SPECIAL 80% 72 HR. 225,058 SPECIAL 80% 5,000 16,380 SPECIAL 80% 72 HR. OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard 0009 001 BUILDING (X) 0010 001 BUILDING (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson Loss Payment orValue Reporting Form Symbol (5) 10%or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 5 of 12 Page 323 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy 0011 001 932 & 934 Willow Pond St College Station, TX 77845-7295 Duplex PC 01 FRAME 0012 001 900 Camellia Ct Units A & B College Station, TX 77840-4125 Duplex PC 01 FRAME Agent# 2478 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causesof(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible 0011 001 BUILDING 0011 001 BUSINESS INCOME -BASIC (1) 0012 001 BUILDING 0012 001 BUSINESS INCOME -BASIC (1) 344,569 SPECIAL 80% 5,000 25,800 SPECIAL 80% 72 HR. 300,298 SPECIAL 80% 5,000 20,400 SPECIAL 80% 72 HR. OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard 0011 001 BUILDING (X) 0012 001 BUILDING (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson Loss Payment orValue Reporting Form Symbol (5) 10%or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 6 of 12 Page 324 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy 0013 001 929 & 931 Sun Meadow Ct College Station, TX 77845-7293 Duplex PC 01 FRAME 0014 001 2809 Longmire Dr Units A,B,C,D College Station, TX 77845-5852 Duplex PC 01 FRAME Agent# 2478 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causesof(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible 0013 001 BUILDING 0013 001 BUSINESS INCOME -BASIC (1) 0014 001 BUILDING 0014 001 BUSINESS INCOME -BASIC (1) 344,569 SPECIAL 80% 5,000 19,800 SPECIAL 80% 72 HR. 425,202 SPECIAL 80% 5,000 30,348 SPECIAL 80% 72 HR. OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard 0013 001 BUILDING (X) 0014 001 BUILDING (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson Loss Payment orValue Reporting Form Symbol (5) 10%or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 7 of 12 Page 325 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy 0015 001 3984 Windfree Dr College Station, TX 77845-8373 Single Family Home PC 01 FRAME 0016 001 1112 Waynesboro Court College Station, TX 77845-3997 DWELLING-1 FAM (LESSOR'S RISK) PC 01 FRAME Agent# 2478 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causesof(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible 0015 001 BUILDING 247,947 SPECIAL 80% 5,000 0015 001 BUSINESS INCOME -BASIC (1) 1,620 SPECIAL 80% 72 HR. 0016 001 BUILDING 303,752 SPECIAL 80% 5,000 0016 001 BUSINESS INCOME -BASIC (1) 16,800 SPECIAL 80% 72 HR. OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard 0015 001 BUILDING (X) 0016 001 BUILDING (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson Loss Payment orValue Reporting Form Symbol (5) 10%or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 8 of 12 Page 326 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. 0017 001 Location, Fire Protection/Construction and Occupancy 3989 Windfree Dr College Station, TX 77845-8374 DWELLINGS IN CONJUNC W/CLM PC 01 JOISTED MASONRY 0018 001 1000 Raney Ln Madisonville, TX 77864-7594 SCHOOLS PC 07 FRAME COVERAGES PROVIDED: Insurance at the described premises applies insurance is shown or for which an entry is made. Prem. Bldg. Limit of No. No. Coverage Insurance 0017 001 BUILDING 0017 001 BUSINESS INCOME -BASIC (1) 0018 001 BUSINESS PERS PROPERTY 0018 001 BUSINESS INCOME -BASIC (1) OPTIONAL COVERAGES: Prem. Bldg. No. No. 0017 001 BUILDING Coverage 0018 001 BUSINESS PERS PROPERTY Agent# 2478 only for coverages for which a limit of Causes of (1) Loss Form Coinsurance(2) Deductible 247,747 SPECIAL 15,480 80,000 22,727 SPECIAL SPECIAL SPECIAL Agreed Value Amount Expiration Date 80% 80% 80% 80% 5,000 72 HR. 5,000 72 HR. Replacement Cost Inflation Incl. Stock Guard (X) (X) (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson Loss Payment orValue Reporting Form Symbol (5) 10%or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 9 of 12 Page 327 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy 0019 001 206 S Wright St Ste B Caldwell, TX 77836-1845 SCHOOLS PC 06 FRAME 0020 001 4001 E 29th St Ste 150,170 & 175 Bryan, TX 77802-4211 SCHOOLS PC 02 FRAME Agent# 2478 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causesof(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible 0019 001 BUSINESS PERS PROPERTY 50,000 SPECIAL 80% 5,000 0020 001 BUSINESS PERS PROPERTY 175,000 SPECIAL 80% 5,000 0020 001 BUSINESS INCOME -BASIC (1) 22,727 SPECIAL 80% 72 HR. OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard 0019 001 BUSINESS PERS PROPERTY (X) (X) 0020 001 BUSINESS PERS PROPERTY (X) (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson Loss Payment orValue Reporting Form Symbol (5) 10%or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 10 of 12 Page 328 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy 0021 001 1002 W Brown St Hearne, TX 77859-3063 HEALTH CARE FACILITIES PC 06 FRAME 0022 001 1015 Toledo Bend Dr College Station, TX 77845-7833 DWELLINGS IN CONJUNC W/CLM PC 01 FRAME Agent# 2478 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causesof(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible 0021 001 BUILDING 627,386 SPECIAL 80% 5,000 0022 001 BUILDING 252,845 SPECIAL 80% 5,000 0022 001 BUSINESS INCOME -BASIC (1) 22,727 SPECIAL 80% 72 HR. OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard 0021 001 BUILDING (X) 0022 001 BUILDING (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson Loss Payment orValue Reporting Form Symbol (5) 10%or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 11 of 12 Page 329 of 358 PI-CP-SUPP-SCH 1 (09/21) Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Named Insured: Brazos Valley Community Action Programs DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy Agent# 2478 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causesof(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible PROPERTY ELITE OPTIONAL COVERAGES: Prem. Bldg. Agreed Value No. No. Coverage Amount Expiration Date Replacement Cost Inflation Incl. Stock Guard OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: See CP0320 (1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limitson LossPayment orValue Reporting Form Symbol (5) 10% or$5,000 minimum PI-CP-SUPP-SCH 1 (09/21) Page 12 of 12 Page 330 of 358 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Agent # 2478 Rates Advance Premiums Premium Prem./ Prod./ Prem./ Prod./ Classifications Code No. Basis Ops. Comp. Ops. Ops. Comp. Ops. TX PREM NO. 001 DAY CARE CENTER-NFP 41716 62 3.851 INCL 240 INCL PERSON PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 001 PARK/PLAYGROUND 46671 1 705.827 PARK/PLAYGR PROD/COMP OP SUBJ TO GEN AGG LIMIT INCL 709 INCL TX PREM NO. 002 DAY CARE CENTER-NFP 41716 62 3.851 INCL 240 INCL PERSON PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 002 PARK/PLAYGROUND 46671 1 705.827 PARK/PLAYGR PROD/COMP OP SUBJ TO GEN AGG LIMIT INCL 709 INCL TX PREM NO. 003 DAY CARE CENTER-NFP 41716 62 3.851 INCL 240 INCL PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 003 PARK/PLAYGROUND PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 004 PERSON 1 705.827 INCL 46671 PARK/PLAYGR 890,500 2.130 0.331 CATERER 11039 GROSS SALES 709 INCL 1,905 296 Page 331 of 358 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Agent # 2478 Rates Advance Premiums Premium Prem./ Prod./ Prem./ Prod./ Classifications Code No. Basis Ops. Comp. Ops. Ops. Comp. Ops. TX PREM NO. 005 DAY CARE CENTER-NFP 41716 62 3.851 INCL 240 INCL PERSON PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 005 PARK/PLAYGROUND 46671 1 705.827 PARK/PLAYGR PROD/COMP OP SUBJ TO GEN AGG LIMIT INCL 709 INCL TX PREM NO. 006 DAY CARE CENTER-NFP 41716 62 3.851 INCL 240 INCL PERSON PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 006 PARK/PLAYGROUND 46671 1 705.827 PARK/PLAYGR PROD/COMP OP SUBJ TO GEN AGG LIMIT INCL 709 INCL TX PREM NO. 007 BLDG/PREMS-OFFICE-NOC-NFP 61227 2,100 101.016 INCL 214 INCL AREA PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 008 DWELLING-1 FAM (LESSOR'S RISK) 63010 DWELLING PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 009 DWELLING-1 FAM (LESSOR'S RISK) 63010 DWELLING PROD/COMP OP SUBJ TO GEN AGG LIMIT 1 63.307 1 63.307 INCL INCL 64 INCL 64 INCL Page 332 of 358 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Agent # 2478 Rates Advance Premiums Premium Prem./ Prod./ Prem./ Prod./ Classifications Code No. Basis Ops. Comp. Ops. Ops. Comp. Ops. TX PREM NO. 010 DWELLING-1 FAM (LESSOR'S RISK) 63010 1 63.307 DWELLING PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 011 DWELLING-1 FAM (LESSOR'S RISK) 63010 1 63.307 DWELLING PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 012 DWELLING-1 FAM (LESSOR'S RISK) 63010 1 63.307 DWELLING PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 013 DWELLING-1 FAM (LESSOR'S RISK) 63010 1 63.307 DWELLING PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 014 DWELLING-1 FAM (LESSOR'S RISK) 63010 1 63.307 DWELLING PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 015 DWELLING-1 FAM (LESSOR'S RISK) 63010 DWELLING PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 016 DWELLING-1 FAM (LESSOR'S RISK) 63010 DWELLING PROD/COMP OP SUBJ TO GEN AGG LIMIT 1 63.307 1 63.307 INCL INCL INCL INCL INCL INCL INCL 64 INCL 64 INCL 64 INCL 64 INCL 64 INCL 64 INCL 64 INCL Page 333 of 358 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Agent # 2478 Rates Advance Premiums Premium Prem./ Prod./ Prem./ Prod./ Classifications Code No. Basis Ops. Comp. Ops. Ops. Comp. Ops. TX PREM NO. 017 DWELLING-1 FAM (LESSOR'S RISK) 63010 1 63.307 DWELLING PROD/COMP OP SUBJ TO GEN AGG LIMIT INCL 64 INCL TX PREM NO. 018 DAY CARE CENTER-NFP 41716 51 3.851 INCL 197 INCL PERSON PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 018 PARK/PLAYGROUND 46671 1 705.827 PARK/PLAYGR PROD/COMP OP SUBJ TO GEN AGG LIMIT INCL 709 INCL TX PREM NO. 019 DAY CARE CENTER-NFP 41716 62 3.851 INCL 240 INCL PERSON PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 019 PARK/PLAYGROUND 46671 1 705.827 PARK/PLAYGR PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 020 DAY CARE CENTER-NFP 41716 PERSON PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 020 PARK/PLAYGROUND 46671 PARK/PLAYGR PROD/COMP OP SUBJ TO GEN AGG LIMIT INCL 709 INCL 62 3.851 INCL 240 INCL 1 705.827 INCL 709 INCL Page 334 of 358 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2606061-008 Agent # 2478 Rates Advance Premiums Premium Prem./ Prod./ Prem./ Prod./ Classifications Code No. Basis Ops. Comp. Ops. Ops. Comp. Ops. TX PREM NO. 020 SALES/SERVICE ORGANIZATION 47367 80,000 0.565 INCL 46 INCL PAYROLL PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 020 BLDG/PREMS-OFFICE-NOC-NFP 61227 8,133 101.016 INCL 829 INCL AREA PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 021 HEALTH CARE FACIL-OUTPATNT-NFP 44440 2,880 197.253 INCL 570 INCL AREA PROD/COMP OP SUBJ TO GEN AGG LIMIT TX PREM NO. 022 DWELLING-1 FAM (LESSOR'S RISK) 63010 1 63.307 DWELLING PROD/COMP OP SUBJ TO GEN AGG LIMIT TX ADDL INS PRIMARY & NON-CONTRIBUTORY INS TX LIABILITY DELUXE 44444 INCL 64 INCL INCL 1,175 Page 335 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL PROPERTY CP03201092 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MULTIPLE DEDUCTIBLE FORM (FIXED DOLLAR DEDUCTIBLES) This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUILDERS' RISK COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT -OWNERS COVERAGE FORM STANDARD PROPERTY POLICY TOBACCO SALES WAREHOUSES COVERAGE FORM SCHEDULE * The Deductibles applicable to any one occurrence are shown below: Prem. No. 00001 00001 00002 00002 00003 00003 00004 00004 00005 00005 00006 00006 Bldg. No. ALL ALL ALL ALL ALL ALL ALL ALL ALL ALL ALL ALL * Information required Declarations. For each deductible listed in this Schedule, enter the number corresponding to the Covered Cause(s) of Loss to which that deductible applies (or enter the description): (1) All Covered Causes of Loss (2) All Covered Causes of Loss except Windstorm or Hail (3) All Covered Causes of Loss except Theft (4) All Covered Causes of Loss except Windstorm or Hail and Theft (5) Windstorm or Hail (6) Theft The following is added to the DEDUCTIBLE section: A. In the event that loss or damage occurs to Covered Property at more than one building location as a result of one occurrence, the largest applicable deductible for that Covered Cause of Loss, shown in the Schedule above or in the Declarations, will apply. B. The terms of this endorsement do not apply to any Earthquake Deductible or to any Windstorm or Hail Per- centage Deductible provided elsewhere in this policy. ** Deductible $5,000 $10,000 $5,000 $10,000 $5,000 $10,000 $5,000 $10,000 $5,000 $10,000 $5,000 $10,000 Covered Causes of Loss ** (2) (5) (2) (5) (2) (5) (2) (5) (2) (5) (2) (5) to complete this Schedule, if not shown on this endorsement, will be shown in the CP 03 20 10 92 Copyright, ISO Commercial Risk Services, Inc., 1983, 1992 Page 1 of 1 0 Page 336 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL PROPERTY CP03201092 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MULTIPLE DEDUCTIBLE FORM (FIXED DOLLAR DEDUCTIBLES) This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUILDERS' RISK COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT -OWNERS COVERAGE FORM STANDARD PROPERTY POLICY TOBACCO SALES WAREHOUSES COVERAGE FORM SCHEDULE * The Deductibles applicable to any one occurrence are shown below: Prem. No. 00007 00007 00008 00008 00009 00009 00010 00010 00011 00011 00012 00012 Bldg. No. ALL ALL ALL ALL ALL ALL ALL ALL ALL ALL ALL ALL * Information required Declarations. For each deductible listed in this Schedule, enter the number corresponding to the Covered Cause(s) of Loss to which that deductible applies (or enter the description): (1) All Covered Causes of Loss (2) All Covered Causes of Loss except Windstorm or Hail (3) All Covered Causes of Loss except Theft (4) All Covered Causes of Loss except Windstorm or Hail and Theft (5) Windstorm or Hail (6) Theft The following is added to the DEDUCTIBLE section: A. In the event that loss or damage occurs to Covered Property at more than one building location as a result of one occurrence, the largest applicable deductible for that Covered Cause of Loss, shown in the Schedule above or in the Declarations, will apply. B. The terms of this endorsement do not apply to any Earthquake Deductible or to any Windstorm or Hail Per- centage Deductible provided elsewhere in this policy. ** Deductible $5,000 $10,000 $5,000 $10,000 $5,000 $10,000 $5,000 $10,000 $5,000 $10,000 $5,000 $10,000 Covered Causes of Loss ** (2) (5) (2) (5) (2) (5) (2) (5) (2) (5) (2) (5) to complete this Schedule, if not shown on this endorsement, will be shown in the CP 03 20 10 92 Copyright, ISO Commercial Risk Services, Inc., 1983, 1992 Page 1 of 1 0 Page 337 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL PROPERTY CP03201092 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MULTIPLE DEDUCTIBLE FORM (FIXED DOLLAR DEDUCTIBLES) This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUILDERS' RISK COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT -OWNERS COVERAGE FORM STANDARD PROPERTY POLICY TOBACCO SALES WAREHOUSES COVERAGE FORM SCHEDULE * The Deductibles applicable to any one occurrence are shown below: Prem. No. 00013 00013 00014 00014 00015 00015 00016 00017 00017 00018 00019 00020 Bldg. No. ALL ALL ALL ALL ALL ALL ALL ALL ALL ALL ALL ALL * Information required Declarations. For each deductible listed in this Schedule, enter the number corresponding to the Covered Cause(s) of Loss to which that deductible applies (or enter the description): (1) All Covered Causes of Loss (2) All Covered Causes of Loss except Windstorm or Hail (3) All Covered Causes of Loss except Theft (4) All Covered Causes of Loss except Windstorm or Hail and Theft (5) Windstorm or Hail (6) Theft The following is added to the DEDUCTIBLE section: A. In the event that loss or damage occurs to Covered Property at more than one building location as a result of one occurrence, the largest applicable deductible for that Covered Cause of Loss, shown in the Schedule above or in the Declarations, will apply. B. The terms of this endorsement do not apply to any Earthquake Deductible or to any Windstorm or Hail Per- centage Deductible provided elsewhere in this policy. ** Deductible $5,000 $10,000 $5,000 $10,000 $5,000 $10,000 $5,000 $5,000 $10,000 $5,000 $5,000 $5,000 Covered Causes of Loss ** (2) (5) (2) (5) (2) (5) (1) (2) (5) (1) (1) (1) to complete this Schedule, if not shown on this endorsement, will be shown in the CP 03 20 10 92 Copyright, ISO Commercial Risk Services, Inc., 1983, 1992 Page 1 of 1 0 Page 338 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL PROPERTY CP03201092 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MULTIPLE DEDUCTIBLE FORM (FIXED DOLLAR DEDUCTIBLES) This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUILDERS' RISK COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT -OWNERS COVERAGE FORM STANDARD PROPERTY POLICY TOBACCO SALES WAREHOUSES COVERAGE FORM SCHEDULE * The Deductibles applicable to any one occurrence are shown below: Prem. No. 00021 00021 00022 00022 Bldg. No. ALL ALL ALL ALL Deductible $5,000 $10,000 $5,000 $10,000 Covered Causes of Loss ** (2) (5) (2) (5) * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. ** For each deductible listed in this Schedule, enter the number corresponding to to which that deductible applies (or enter the description): (1) All Covered Causes of Loss (2) All Covered Causes of Loss except Windstorm or Hail (3) All Covered Causes of Loss except Theft (4) All Covered Causes of Loss except Windstorm or Hail and Theft (5) Windstorm or Hail (6) Theft The following is added to the DEDUCTIBLE section: A. In the event that loss or damage occurs to Covered Property at more than one one occurrence, the largest applicable deductible for that Covered Cause of above or in the Declarations, will apply. B. The terms of this endorsement do not apply to any Earthquake Deductible or centage Deductible provided elsewhere in this policy. the Covered Cause(s) of Loss building location as a result of Loss, shown in the Schedule to any Windstorm or Hail Per- CP 03 20 10 92 Copyright, ISO Commercial Risk Services, Inc., 1983, 1992 Page 1 of 1 0 Page 339 of 358 PI-CP-107 TX (12/24) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACTUAL CASH VALUE ROOF ENDORSEMENT WITH COSMETIC DAMAGE EXCLUSION AND EQUIPMENT LIMITATION - TEXAS This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT -OWNERS COVERAGE FORM SCHEDULE Premises Number Building Number Indicate Applicability (Paragraph A. and/or Paragraph B.) 00003 00001 Paragraph B. 00005 00001 Paragraph B. 00006 00001 Paragraph B. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following applies with respect to loss or damage by a Covered Cause of Loss (including wind and hail if covered) to a building or structure identified in the SCHEDULE as being subject to this Paragraph A.: Replacement Cost coverage (if otherwise applicable to such property) does not apply to roof surfacing. Instead, we will determine the value of roof surfacing at actual cash value as of the time of loss or damage. B. The following applies with respect to loss or damage by wind and/or hail to a building or structure identified in the SCHEDULE as being subject to this Paragraph B.: We will not pay for cosmetic damage to roof surfacing caused by wind and/or hail. For the purpose of this endorsement, cosmetic damage includes but is not limited to the wind and/or hail caused spatter/splatter marks, blemishes, dents, dings, dimples, chips, scratches, marring, pitting or other superficial damage that altered the appearance of the roof surfacing, but such damage does not prevent the roof from continuing to function as a barrier to entrance of the elements to the same extent as it did before the cosmetic damage occurred either immediately or over time. We will not pay for any microfracture or microcracking of any solar or photovoltaic module, panel or system located on the roof or any resulting business income from such damage. C. For the purpose of this endorsement: 1. Roof surfacing includes but is not limited to the shingles, tiles, cladding, metal or synthetic sheeting or similar materials covering the roof and includes all materials used in securing the roof surface and all materials applied to or under the roof surface for moisture protection, as well as roof flashing, vent caps, trim, drip edging, gutters, exhaust or gas piping. PI-CP-107 TX (12/24) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 340 of 358 PI-CP-107 TX (12/24) Roof surfacing also includes any equipment attached or secured in any way to the roof including but not limited to heating and cooling units or any solar or photovoltaic module, panel or system. 2. Microfracture or microcracking means any crack or fracture in the panel of a solar or photovoltaic module, panel or system which may or may not be visible to the human eye. PI-CP-107 TX (12/24) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 341 of 358 PI-CP-107 TX (12/24) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACTUAL CASH VALUE ROOF ENDORSEMENT WITH COSMETIC DAMAGE EXCLUSION AND EQUIPMENT LIMITATION - TEXAS This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT -OWNERS COVERAGE FORM SCHEDULE Premises Number Building Number Indicate Applicability (Paragraph A. and/or Paragraph B.) 00008 00001 Paragraph B. 00009 00001 Paragraph B. 00010 00001 Paragraph B. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following applies with respect to loss or damage by a Covered Cause of Loss (including wind and hail if covered) to a building or structure identified in the SCHEDULE as being subject to this Paragraph A.: Replacement Cost coverage (if otherwise applicable to such property) does not apply to roof surfacing. Instead, we will determine the value of roof surfacing at actual cash value as of the time of loss or damage. B. The following applies with respect to loss or damage by wind and/or hail to a building or structure identified in the SCHEDULE as being subject to this Paragraph B.: We will not pay for cosmetic damage to roof surfacing caused by wind and/or hail. For the purpose of this endorsement, cosmetic damage includes but is not limited to the wind and/or hail caused spatter/splatter marks, blemishes, dents, dings, dimples, chips, scratches, marring, pitting or other superficial damage that altered the appearance of the roof surfacing, but such damage does not prevent the roof from continuing to function as a barrier to entrance of the elements to the same extent as it did before the cosmetic damage occurred either immediately or over time. We will not pay for any microfracture or microcracking of any solar or photovoltaic module, panel or system located on the roof or any resulting business income from such damage. C. For the purpose of this endorsement: 1. Roof surfacing includes but is not limited to the shingles, tiles, cladding, metal or synthetic sheeting or similar materials covering the roof and includes all materials used in securing the roof surface and all materials applied to or under the roof surface for moisture protection, as well as roof flashing, vent caps, trim, drip edging, gutters, exhaust or gas piping. PI-CP-107 TX (12/24) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 342 of 358 PI-CP-107 TX (12/24) Roof surfacing also includes any equipment attached or secured in any way to the roof including but not limited to heating and cooling units or any solar or photovoltaic module, panel or system. 2. Microfracture or microcracking means any crack or fracture in the panel of a solar or photovoltaic module, panel or system which may or may not be visible to the human eye. PI-CP-107 TX (12/24) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 343 of 358 PI-CP-107 TX (12/24) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACTUAL CASH VALUE ROOF ENDORSEMENT WITH COSMETIC DAMAGE EXCLUSION AND EQUIPMENT LIMITATION - TEXAS This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT -OWNERS COVERAGE FORM SCHEDULE Premises Number Building Number Indicate Applicability (Paragraph A. and/or Paragraph B.) 00011 00001 Paragraph B. 00012 00001 Paragraph B. 00013 00001 Paragraph B. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following applies with respect to loss or damage by a Covered Cause of Loss (including wind and hail if covered) to a building or structure identified in the SCHEDULE as being subject to this Paragraph A.: Replacement Cost coverage (if otherwise applicable to such property) does not apply to roof surfacing. Instead, we will determine the value of roof surfacing at actual cash value as of the time of loss or damage. B. The following applies with respect to loss or damage by wind and/or hail to a building or structure identified in the SCHEDULE as being subject to this Paragraph B.: We will not pay for cosmetic damage to roof surfacing caused by wind and/or hail. For the purpose of this endorsement, cosmetic damage includes but is not limited to the wind and/or hail caused spatter/splatter marks, blemishes, dents, dings, dimples, chips, scratches, marring, pitting or other superficial damage that altered the appearance of the roof surfacing, but such damage does not prevent the roof from continuing to function as a barrier to entrance of the elements to the same extent as it did before the cosmetic damage occurred either immediately or over time. We will not pay for any microfracture or microcracking of any solar or photovoltaic module, panel or system located on the roof or any resulting business income from such damage. C. For the purpose of this endorsement: 1. Roof surfacing includes but is not limited to the shingles, tiles, cladding, metal or synthetic sheeting or similar materials covering the roof and includes all materials used in securing the roof surface and all materials applied to or under the roof surface for moisture protection, as well as roof flashing, vent caps, trim, drip edging, gutters, exhaust or gas piping. PI-CP-107 TX (12/24) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 344 of 358 PI-CP-107 TX (12/24) Roof surfacing also includes any equipment attached or secured in any way to the roof including but not limited to heating and cooling units or any solar or photovoltaic module, panel or system. 2. Microfracture or microcracking means any crack or fracture in the panel of a solar or photovoltaic module, panel or system which may or may not be visible to the human eye. PI-CP-107 TX (12/24) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 345 of 358 PI-CP-107 TX (12/24) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACTUAL CASH VALUE ROOF ENDORSEMENT WITH COSMETIC DAMAGE EXCLUSION AND EQUIPMENT LIMITATION - TEXAS This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT -OWNERS COVERAGE FORM SCHEDULE Premises Number Building Number Indicate Applicability (Paragraph A. and/or Paragraph B.) 00014 00001 Paragraph B. 00015 00001 Paragraph B. 00022 00001 Paragraph B. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following applies with respect to loss or damage by a Covered Cause of Loss (including wind and hail if covered) to a building or structure identified in the SCHEDULE as being subject to this Paragraph A.: Replacement Cost coverage (if otherwise applicable to such property) does not apply to roof surfacing. Instead, we will determine the value of roof surfacing at actual cash value as of the time of loss or damage. B. The following applies with respect to loss or damage by wind and/or hail to a building or structure identified in the SCHEDULE as being subject to this Paragraph B.: We will not pay for cosmetic damage to roof surfacing caused by wind and/or hail. For the purpose of this endorsement, cosmetic damage includes but is not limited to the wind and/or hail caused spatter/splatter marks, blemishes, dents, dings, dimples, chips, scratches, marring, pitting or other superficial damage that altered the appearance of the roof surfacing, but such damage does not prevent the roof from continuing to function as a barrier to entrance of the elements to the same extent as it did before the cosmetic damage occurred either immediately or over time. We will not pay for any microfracture or microcracking of any solar or photovoltaic module, panel or system located on the roof or any resulting business income from such damage. C. For the purpose of this endorsement: 1. Roof surfacing includes but is not limited to the shingles, tiles, cladding, metal or synthetic sheeting or similar materials covering the roof and includes all materials used in securing the roof surface and all materials applied to or under the roof surface for moisture protection, as well as roof flashing, vent caps, trim, drip edging, gutters, exhaust or gas piping. PI-CP-107 TX (12/24) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 346 of 358 PI-CP-107 TX (12/24) Roof surfacing also includes any equipment attached or secured in any way to the roof including but not limited to heating and cooling units or any solar or photovoltaic module, panel or system. 2. Microfracture or microcracking means any crack or fracture in the panel of a solar or photovoltaic module, panel or system which may or may not be visible to the human eye. PI-CP-107 TX (12/24) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 347 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL GENERAL LIABILITY CG20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket -As Required by Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only 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: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Page 348 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL GENERAL LIABILITY CG20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of College Station Risk Management Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 Page 349 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Loc 22 Bldg 1, 1015 Toledo Bend Dr, College Station, TX 77845 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 Page 350 of 358 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ Page 351 of 358 PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 12/02/2025 Name of Person or Organization (Additional Insured): City of College Station Risk Management SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 352 of 358 POLICY NUMBER: PHPK2606061-008 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Brazos Valley Community Action Programs Endorsement Effective Date: 12/02/2025 SCHEDULE Name Of Person(s) Or Organization(s): SEE SCHEDULE PI-CA-044 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Page 353 of 358 PI-CA-044 (09/23) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE - DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This schedule is used with endorsement CA 20 48 Designated Insured for Covered Autos Liability Coverage to provide additional space to complete the schedule. SCHEDULE Name Of Person(s) Or Organization(s): City of College Station Risk Management PO Box 9960 College Station, TX 77842-7960 CA2048 - Commercial Automobile PI-CA-044 (09/23) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 354 of 358 PI-CA-023 (07/19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and the Garage Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". PI-CA-023 (07/19) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with permission. Page 355 of 358 January 8, 2026 Item No. 9.3. Citizen Boards, Committees and Commissions Appointments Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions. • Planning and Zoning Commission • Bicycle, Pedestrian, and Greenways Advisory Board • CDBG Public Service Agency Funding Review Committee • Historic Preservation Committee • Housing Plan Advisory Committee • Parks and Recreation Board Relationship to Strategic Goals: • Good Governance Recommendation(s): None Summary: This is the annual appointment to our boards, committees, and commissions. A packet containing applications, appointment charts, and tally sheets will be provided under separate cover. Budget & Financial Summary: None Attachments: None Page 356 of 358 January 8, 2026 Item No. 10.1. Items of Community Interest and Council Calendar Sponsor: City Council Reviewed By CBC: City Council Agenda Caption: Items of Community Interest and Council Calendar: The Council may discuss upcoming events and receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. Relationship to Strategic Goals: • Good Governance Recommendation(s): None. Summary: A current calendar of upcoming community events can be found in more detail at cstx.gov/calendar and official meetings or public notices are posted at cstx.gov/agendas. Meetings and events from the days of January 12th thru January 22nd: January 9 - ILTexas Aggieland High School Ribbon Cutting January 12 - Bicycle, Pedestrian and Greenways Board Meeting January 14 - Ribbon Cutting - YMCA of Brazos Valley January 15 - Library Advisory Board January 15 - Planning & Zoning Commission Meeting January 19 - Martin Luther King Day - City Offices Closed January 19 - 30th Annual Dr. Martin Luther King, Jr. Freedom March January 20 - IGC Meeting January 21 - BVSWMA Board Meeting January 21 - Exploring History Luncheon January 22 - Brazos County Board of Health Board Meeting January 22 - City Council Meeting Budget & Financial Summary: None. Attachments: None Page 357 of 358 January 8, 2026 Item No. 11.1. Council Reports on Committees, Boards, and Commissions Sponsor: City Council Reviewed By CBC: City Council Agenda Caption: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Relationship to Strategic Goals: Good Governance Recommendation(s): Review meetings attended. Summary: Aggieland Humane Society, The Art Center of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Transit District, Brazos Valley Economic Development Corporation, Brazos Valley Council of Gov't Board of Directors, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, CDBG Public Service Agency Funding Review Committee, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Construction Board of Adjustments & Building and Construction Standards Commission, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Housing Plan Advisory Committee, Intergovernmental Local Committee, Keep Brazos Beautiful, Legislative Engagement Committee, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Tourism Committee, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 358 of 358