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HomeMy WebLinkAbout09/10/2026 - Regular Agenda Packet - City CouncilCollege Station, TX CITY OF COJ.LFGE STATION Home af Texas A&M University' September 10, 2026 Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: www.microsoft.com/microsoft-teams/join-a-meeting Meeting ID: 287 987 474 175 I Passcode: gZw5cS Phone: 469-480-7460 I Phone Conference: 168 564 318# 4:00 PM City Hall Council Chambers Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third - party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in -person only. 1. Call to Order. 2. Executive Session Agenda. Executive Session is closed to the public and will be held in the 1938 Executive Conference Room. The City Council may according to the Texas Open Meetings Act adjourn the Open Meeting during the Consent, Workshop, Regular, or Special Agendas and return into Executive Session to seek legal advice from the City Attorney regarding any item on the Workshop, Consent or Regular Agendas under Chapter 551, Texas Government Code. 2.1. Consultation with Attorney {Gov't Code Section 551.071}; Possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney -client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney -client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. The City of College Station v. The Public Utility Commission of Texas, Cause No. D-1-GN-24- 005680 in the 200th District Court, Travis County, Texas. b. Hopkins v. City of College Station, et al., Civil Action No. 4:25-CV-00473, in the U.S. District Court for the Southern District of Texas, Houston Division. 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. d. Property located near the intersection of William D Fitch Parkway and Tonkaway Lake Road. 2.3. Personnel {Gov't Code Section 551.074); Possible action. The City Council may deliberate the appointment, employment, evaluation, College Station, TX Page 1 Page 1 of 358 City Council reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a. City Municipal Court Judge b. City Internal Auditor c. City Attorney d. City Secretary e. City Manager f. Council Self -Evaluation 2.4. Competitive Matters {Gov't Code Section 551.086); Possible action. The City Council may deliberate, vote, or take final action on a competitive matter as that term is defined in Gov't Code Section 552.133 in closed session. The following is a general representation of the subject matter to be considered: a. Power Supply 2.5. 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 for a development on the 28 acres of land generally located at Midtown Drive and Corporate Parkway in the Midtown Business Park. b. Economic development agreement for a development within the Midtown Business Park relating to baseball fields. c. Economic development agreement regarding land generally located between Pebble Creek and Southern Pointe subdivisions. d. Economic development agreement for a development located in the BioCorridor. 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. Page 2 September 10, 2026 Page 2 of 358 City Council 5.1. Presentation of a proclamation recognizing September 9, 2026 as "Cheyenne Thomas Miss Ultimate USA Day." Sponsors: Tanya Smith Attachments: 1. Proclamation - Cheyenne Thomas Miss Ultimate USA Day 5.2. Presentation proclaiming September 17th through 23rd as Constitution Week. Sponsors: Tanya Smith Attachments: 1. 26 Constitution Week 6. Hear Visitors. During Hear Visitors an individual may address the City Council on any item which does not appear on the posted agenda. The City Council will listen and receive the information presented by the speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concern shall be directed to the City Manager. 7. Consent Agenda. Presentation, discussion, and possible action on consent items which consist of ministerial or "housekeeping" items as allowed by law. A Councilmember may request additional information at this time. Any Councilmember may remove an item from Consent for discussion or a separate vote. 7.1. Presentation, discussion, and possible action of minutes for: • August 27, 2026 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM082726 DRAFT Minutes 7.2. Presentation, discussion, and possible action regarding an interlocal agreement (ILA) between the City of College Station, City of Bryan, Brazos County, and Brazos County Emergency Communications District (BC 911) for a backup dispatch facility. Sponsors: Jeff Capps Attachments: 1. Backup Dispatch ILA 7.3. Presentation, discussion, and possible action on the approval of the Atmos Mid -Tex 2026 Rate Review Mechanism (RRM) Settlement and Rate Ordinance. Sponsors: Ross Brady Attachments: 1. Atmos Mid -Tex 2026 RRM Ordinance - College Station 7.4. Presentation, discussion, and possible action on the award of a construction contract to Brazos Paving, Inc. in the amount of $172,040 for McCulloch Neighborhood Traffic Calming Improvements. Sponsors: Emily Fisher Attachments: 1. 26300782-- BPI_VendorSigned 2. McCullough Traffic Calming Plan 7.5. Presentation, discussion, and possible action on the second reading of a franchise agreement ordinance with Texan Waste Services, Inc. for the collection of recyclables from commercial businesses and multi -family locations. Sponsors: Emily Fisher Attachments: 1. 26300751--BMW (CC 8.27.26 & 9.10.26) 7.6. Presentation, discussion, and possible action regarding an ILA with Brazos County for EMS service provided by College Station Fire Department. Sponsors: Richard Mann Page 3 September 10, 2026 Page 3 of 358 City Council Attachments: 1. FY 2027-2029 Brazos County - CoCS EMS 8-3-26 7.7. Presentation, discussion, and possible action on a deductive change order with Weisinger Incorporated, providing a $109,507 credit to the construction contract for the Well 6 Pumping Equipment Repairs Project. Sponsors: Stephen Maldonado, Gary Mechler Attachments: 1. Deductive Change Order #1 7.8. Presentation, discussion, and possible action to authorize expenditure of funds for Fiscal Year 2027 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000, and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. Sponsors: Mary Ellen Leonard Attachments: 1. 2027 Exemptions List Over $100K 7.9. Presentation, discussion, and possible action on a contract amendment with Freese and Nichols, Inc (FNI) in the amount of $1,459,269 for the addition of a specialized construction inspector to provide technical oversight, and additional soil sampling required by TCEQ. Sponsors: Jennifer Cain Attachments: 1. CCWWTP Enhanced Filtration Improvements Map 2. CCWWTP Enhanced Filtration Design CO1-Resident Rep 7.10. Presentation, discussion, and possible action on a Professional Services Contract with Torres Associates, LLC in the amount of $185,600 for a Citywide Flood Hazard Assessment. Sponsors: Carol Cotter Attachments: 1. Contract 7.11. Presentation, discussion, and possible action on a Professional Services Contract Amendment with Arkitex Studio adding to the contract grant funding requirements for two Texas Parks and Wildlife Department grants awarded to the City for the Texas Independence Park Project. Sponsors: Jennifer Cain Attachments: 1. TX Independence Park Location Map 2. Amendment No. 3 to The Arkitex Studo, Inc Design Contract 7.12. Presentation, discussion, and possible action on giving the City Manager authority to terminate for convenience the funding agreement with the Greater Brazos Partnership for services related to Plug and Play. Sponsors: Michael Ostrowski Attachments: None 8. Workshop Agenda. 8.1. Presentation, discussion, and possible action regarding the College Station Utilities Electric Department annual update. Sponsors: Glenn Gavit Attachments: None 8.2. Presentation, discussion, and potential action regarding the anticipated impacts of the Terafab project and College Station's readiness to address the associated opportunities and challenges. Sponsors: Michael Ostrowski Attachments: None Page 4 September 10, 2026 Page 4 of 358 City Council 8.3. Presentation and discussion regarding the proposed real estate agreements and economic development agreements for Bass Pro Outdoor World, LLC and The Corinth Group, Inc., for developments in the Midtown Business Park. Sponsors: Michael Ostrowski Attachments: None 8.4. Presentation, discussion, and possible action on the State of the City. Sponsors: Bryan Woods Attachments: None 9. Regular Agenda. 9.1. Presentation, discussion, and possible action on a contract with CSA Construction, Inc. in the amount of $23,090,000 for the Carter Creek WWTP Enhanced Filtration Project, plus the City's contingency amount of $2,309,000 for a total appropriation of $25,399,000 and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. 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. CCWWTP Enhanced Filtration Improvements Map 2. CCWWTP Enhanced Filtration Resolution 3. CCWWTP Construction Contract with CSA 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. Page 5 September 10, 2026 Page 5 of 358 City Council 13. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. Executive Session is closed to the public. The City Council may according to the Texas Open Meetings Act adjourn the Open Meeting during the Consent, Workshop or Regular or Special Agendas and return into Executive Session to seek legal advice from the City Attorney regarding any item on the Workshop, Consent or Regular or Special Agendas under Chapter 551, Texas Government Code I certify that the above Notice of Meeting was posted on the website and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on September 3, 2026 at 5:00 p.m. Deputy City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary's Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Page 6 September 10, 2026 Page 6 of 358 September 10, 2026 Item No. 5.1. Proclamation: Cheyenne Thomas Miss Ultimate USA Day Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation of a proclamation recognizing September 9, 2026 as "Cheyenne Thomas Miss Ultimate USA Day." Relationship to Strategic Goals: Recommendation(s): Summary: Proclamation at the request of Melissa Thomas. Budget & Financial Summary: None. Attachments: 1. Proclamation - Cheyenne Thomas Miss Ultimate USA Day Page 7 of 358 ‘DD Proclamation WHEREAS, Cheyenne Thomas of College Station and proud graduate of Texas A&M University, represented the Lone Star State as Miss Texas Ultimate USA before being crowned Miss Ultimate USA at the national competition in Orlando, Florida; and WHEREAS, Cheyenne has demonstrated exceptional dedication to civic involvement, service, and empowering young women by championing her platform, "Fearless and UNDEFINED," which encourages individuals to embrace their unique qualities, strengths, and life experiences rather than conforming to conventional standards of beauty or success; and WHEREAS, through her podcast, Fearless and UNDEFINED, Cheyenne provides a meaningful space for honest dialogue, amplifying the voices of young women in pageantry to share how overcoming personal challenges and learning differences has shaped their confidence and achievement; and WHEREAS, Cheyenne embodies a spirit of compassion, perseverance, and lifelong learning as she advances her ambitions toward a degree in veterinary medicine to serve both people and animals within her community and beyond; and WHEREAS, throughout her reign as Miss Ultimate USA, Cheyenne plans to inspire others through nationwide speaking engagements, community appearances, and by sharing her guiding motto, "What is meant for you will never pass you by"; and NOW, THEREFORE, I, John P. Nichols, Mayor of the City of College Station, together with the City Council, do recognize and honor, September 10, 2026, as: Cheyenne Thomas Miss Ultimate USA Day IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the City of College Station to be affixed on this 10th day of September 2026. Attest: Tanya jnith City Secretary n P. Nichols ayor Page 8 of 358 September 10, 2026 Item No. 5.2. Constitution Week Proclamation Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation proclaiming September 17th through 23rd as Constitution Week. Relationship to Strategic Goals: - Good Governance Recommendation(s): Leonora Owre, Jane Cohen, Karla Devin, Marcy Heathman and other members of La Villita will receive the proclamation. Summary: The United States Constitution, America's most important document, stands as a testament to the tenacity of Americans throughout history to maintain their liberties, freedoms and inalienable rights. And, Constitution Week is celebrated annually during the week of September 17- 23 to commemorate its history, importance, and bring attention to how it still serves today. This celebration of the Constitution was started by the Daughters of the American Revolution. In 1955, DAR petitioned Congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week. The resolution was later adopted by the U.S. Congress and signed into public law on August 2, 1956, by President Dwight D. Eisenhower. The DAR has also erected a structure that is built in tribute to the Constitution of the United States. DAR Constitution Hall, which is a performing arts center, opened in 1929. The aims of the Constitution Week celebration are to: • Emphasize citizens' responsibilities for protecting and defending the Constitution. • Inform people that the Constitution is the basis for America's great heritage and the foundation for our way of life. • Encourage the study of the historical events which led to the framing of the Constitution in September 1787. Budget & Financial Summary: None. Attachments: 1. 26 Constitution Week Page 9 of 358 ‘DD Proclamation ?/genead: September 17, 2026, marks the two hundred and thirty-nineth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and ?/genead: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and Wenead: Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE I, John P. Nichols, by virtue of the authority vested in me as Mayor of College Station, Texas do hereby proclaim the week of September 17 through 23 as "CONSTITUTION WEEK" and ask our citizens to join with the Come and Take It and La Villita chapters of the Daughters of the American Revolution to reaffirm the ideals of the Framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of College Station, Texas to be affixed this loth day of September of the year of our Lord two thousand twenty-six. Attest: Tanya ith City Secretary n P. Nichols ayor Page 10 of 358 September 10, 2026 Item No. 7.1. August 27th Meeting Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • August 27, 2026 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM082726 DRAFT Minutes Page 11 of 358 MINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION AUGUST 27, 2026 STATE OF TEXAS COUNTY OF BRAZOS Presiding: John Nichols, Mayor Council: Mark Smith William Wright, Mayor ProTem David White — arrived late Melissa Mcllhaney — arrived late Bob Yancy Scott Shafer City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Deputy City Attorney Ian Whittenton, Deputy City Secretary Ann Marie Williams, Staff Assistant 1. Call to Order and Announce a Ouorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Nichols via In -Person and Teleconference at 4:00 p.m. on August 27, 2026, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, §551.074-Personnel, and §551.087-Economic Development, and the College Station City Council convened into Executive Session at 4:01 p.m. on August 27, 2026, to continue discussing matters pertaining to: 2.1. Consultation with Attorney to seek advice regarding rending 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. • Hopkins v City of College Station, et al., Civil Action No. 4:25-CV-00473, in the U.S. District Court for the Southern District of Texas, Houston Division. 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 8 acres of land located at 1508 Harvey Road. • Approximately 28 acres of land generally located at Midtown Drive and Corporate Parkway in the Midtown Business Park. • Property located within the Midtown Business Park. CCM 082726 Minutes Page 1 Page 12 of 358 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • Council Self -Evaluation 2.4. Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the City; to wit: • Economic development agreement for a development on the 28 acres of land generally located at Midtown Drive and Corporate Parkway in the Midtown Business Park. • Economic development agreement for a development within the Midtown Business Park relating to baseball fields. • Economic development agreement with College Station Town Center, LP. • Funding agreement with Greater Brazos Partnership for services related to Plug and Play. 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. Executive Session recessed at 6:00 p.m. and Mayor Nichols read the following statements. The Council directs City staff to review the funding agreement with Greater Brazos Partnership related to funding Plug and Play and proceed with terminating the funding agreement. The Council directs City staff to amend the real estate contract with the Corinth Group to sell approximately half of the City's 28 acres next to Costco to the Corinth Group and the remaining approximate half to Bass Pro for one of Bass Pro's retail stores. The Council directs City staff to finalize the Real Estate Contract and Economic Development Agreement with the Corinth Group and to finalize the Real Estate Contract with Bass Pro and the Economic Development Agreement with Bass Pro that will include incentives to be finalized and be available to the public before a vote. These agreements should come back to council no later than the Council's September 24th meeting for a vote. 4. Pledge of Allegiance, Invocation, consider absence request. Invocation given by Councilmember White. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation proclaiming the month of September 2026 as "Childhood Cancer Awareness." Mayor Nichols presented a proclamation to Adam's Army founder, Lindsey Bolline, and family; Kathryn Bradley and family; along with other Adam's Army families, proclaiming the month of September 2026, as " Childhood Cancer Awareness." 5.2. Presentation proclaiming the week of August 31 through September 4, 2026, as "Texas Extension Education Association Week." Mayor Nichols presented a proclamation to Dr. Joyce Cavanagh, Knellen Quinteros, Holly Narro, Alice Kirk and members of the TEEA, proclaiming the week of August 31 through September 4, 2026, as "Texas Extension Education Association Week." CCM 082726 Minutes Page 2 Page 13 of 358 6. Hear Visitors Comments. Roy May from College Station came before council to speak about recent changes to Flock's data retention policy which shorten the amount of time data is kept, asking that the City review its current policy and consider shortening it as well. He acknowledged that Flock is a useful tool for law enforcement but emphasized the need to protect individual privacy. Peter Bastain from College Station came before council representing a group to speak about the role of municipal government in economic development. He believes that the city should be focused on creating conditions that attract private commercial development rather than becoming a developer or property manager. In his opinion the purchase of the old Macy's was the city interfering with the development market, pointing out that there was a deal in the works which may have led to a family entertainment center similar to the one in Killeen called Area 254, which is currently expanding by 40,000 square feet. His conclusion is that the lack of development is a lesson to the city that they should use in future decision -making and the role of transparency in government. Ivan Svrcek from College Station came before council to discuss possible misuses of the Flock system. He pointed out examples neighboring Bryan, and other Texas agencies such as Shenandoah, Sugar Land, Garland, Brazos County Sheriff's Office, and Lubbock, which stated the use for the search as "protest." He particularly objects to the city sharing data with other city's with standards for searches that do not meet our own. Sam Baker from College Station came before council to highlight recent nationwide misuses of the Flock system, one such case involved an officer who is alleged to have stalked a woman he met at a trade show. He believes that even with safeguards improper access can still happen and the public's safety shouldn't come at the expense of basic privacy in our society. Kyle Abraham from College Station came before council to present data in which he finds that in 3 million logged searches agencies who have access to the city's Flock data account for more than 99% of all searches. He acknowledges that while no misuses have been identified locally the 493 agencies we share our data with may not be able to say the same. In closing he expressed appreciation for the Council's willingness to review our Flock contract and policies. Kody Fox from College Station stated that while the city only logs about 10 searches a day, other agencies that connect to our data have logged over 2.9 million Flock searches in less than a year. He asked the council to consider how local safety policies can protect residents when over 99% of searches are conducted by outside agencies. In his opinion the public does not want Flock, Axon, or ALPR systems monitoring them and the contract should not be renewed. John Hamilton from College Station argued that the city's transparency page is not truthful about what Flock is tracking, presenting logs where CSPD officers used and object class of "people" to conduct searches. He stated that this evidence shows the public has been given inaccurate information and the transparency portal is less than honest, both reasons to cancel the contract. Shirley Dupriest from College Station thanked the Parks Department for their prompt response after she emailed them about a 100 year old oak tree at a local park which had become overgrown with vines. She stated that the tree has been restored to good condition and believes their work will be remembered by visitors for years to come. 7. CONSENT ITEMS CCM 082726 Minutes Page 3 Page 14 of 358 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. 7.1. Presentation, discussion, and possible action of minutes for: • August 13, 2026 Council Meeting 7.2. Presentation, discussion, and possible action on a general services contract with Buyers Barricades Houston, LLC, not to exceed $170,100 for the 2026 TAMU Football Post Game Day Traffic Control. 7.3. Presentation, discussion, and possible action on the second reading of a franchise agreement Ordinance No. 2026-4705 with Texas Disposal Systems, Inc. for the collection of recvclables from commercial businesses and multi -family locations. 7.4. Presentation, discussion, and possible action regarding an amendment to the real estate contract with The Corinth Group, Inc. 7.5. Presentation, discussion, and possible action on a contract with MTL Construction, LLC not to exceed $399,579.78 for College Station Utilities Electric Yard improvements at the Utility Service Center on Graham Road. 7.6. Presentation, discussion, and possible action regarding a design contract with Dudley Engineering for the design of the Adamson Lagoon Slide Improvements and Upgrade in the amount of $153,708. 7.7. Presentation, discussion, and possible action on Ordinance No. 2026-4706 amendment to Chapter 40, "Utilities," relating to utility meters, Code of Ordinances, of the City of College Station, Texas. 7.8. Presentation, discussion, and possible action regarding an amendment to the lease agreement for office space with St. Mary's Catholic Church to increase the term of the agreement and increase total cost to $105,156. 7.9. Presentation, discussion, and possible action to purchase two radio dispatch consoles from Motorola Solutions for an amount not to exceed $213,693.17. 7.10. Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Texan Waste Services, Inc. for the collection of recvclables from commercial businesses and multi -family locations. 7.11. Presentation, discussion, and possible action regarding a funding agreement between the City of College Station and the Brazos Transit District (BTD) in the amount of $400,800 for the FY26 Fiscal Year. 7.12. Presentation, discussion, and possible action on Resolution No. 08-27-26-7.12 waiving interest for early repayment of outstanding principal under the City's HUD -assisted HOME program contract with Santour Court, Ltd. and authorizing the city manager to execute documentation of release and satisfaction of the note and deed of trust. MOTION: Upon a motion made by Councilmember White and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda. The motion carried unanimously. CCM 082726 Minutes Page 4 Page 15 of 358 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action on the City of College Station 2027 advertised ad valorem tax rate of $0.530254 per $100 valuation resulting in an increase in tax revenues. Bryan Woods, City Manager, gave an introduction detailing the structure of the tax rate and how it supports the city's budget, stating that the budget and future planning rely on multi -year projections and the requirement to have a balanced budget. Sources of revenue were highlighted and particularly how the property tax rate supports operations like staffing, public safety, and other services year to year while noting that reducing the tax rate would require significant cuts, especially to staffing and service level adjustments (SLA). FY27 Proposed Staffing SLAs by Department FUND/DEPARTMENT One Time Cost Recurring Cost Increas FTE Vehicle General Fund Police 715,546 1,137,217 1,852,763 8.0 4.0 Fire 146,290 40,000 186,290 Public Works 95,581 453,973 549,554 4.0 1.0 Planning & Development Parks and Recreation Information Technology Capital Projects Operations Fiscal Services 109,384 677,895 328,426 338,085 207,689 192,855 522,119 107,412 89,420 317,073 870,750 850,545 445,497 89,420 2.0 1.0 1.0 1.0 2.0 6.0 2.0 General Government 392,885 449,460 842,345 2.0 TOTAL General Fund 2,804,092 3,200,14 6,004,237 19.0 15.0 Public Safety Staffing Additions FY22 to FY27 Police 3 4 5 4 6 ii'•••; Fire 8 12 12 - 32 Total 3 12 5 4 18 8 62 Public Safety Budget as Percentage of General Fund 50% 49% 48% 53% 53`5 FY22 FY23 FY24 FY25 FY26 FY27 Mr. Woods went on to give review of capital planning and debt capacity as well as the capacity for future projects and unforeseen needs, highlighting adequate financial reserves and the city's AAA bond rating. He concluded by stating the city is financially stable, growing and prepared for future opportunities and challenges from a fiscal perspective. CCM 082726 Minutes Page 5 Page 16 of 358 Council Capital Additions Category Project Additional Appropriations City Facilites City Facilites Midtown Midtown Midtown Midtown Parks Parks Parks Streets - Rehab Streets - Signals Streets - Sidewalks Streets - Rehab Streets - Extension Streets - Sidewalks Public Works Facility (Construction) Northgate SUBTOTAL- City Facilities Midtown Baseball and Business - Road Midtown Baseball and Business - Water Utilities Midtown Signage Texas Independence Park (Phase 2) SUBTOTAL- Midtown Wolf Pen Creek Neighborhood Parks Hensel Park SUBTOTAL - Parks Drainage Revolver Signals & Intersections (incl. George Bush /Timber) Various Sidewalks/Trails Future Streets Rehab Future Streets Extension University Drive Pedestrian Crossing SUBTOTAL - Streets $ 55,000,000 $ 5,000,000 $ 60,000,000 $ 14,000,000 $ 5,000,000 $ 700,000 $ 16,200,000 $ 35,900,000 $ 7,000,000 $ 5,000,000 $ 10,000,000 $ 22,000,000 $ 2,500,000 $ 6,000,000 $ 6,000,000 $ 10,000,000 $ 12,000,000 $ 15,000,000 $ 51,500,000 OTAL COUNCIL CAPITAL ADDITIONS $ 169 400 000 Mary Ellen Leonard, Director of Fiscal Services, stated that this public hearing is on a rate of $0.530254 per $100 assessed valuation. The notice of this public hearing was placed in the Eagle, as well as on the City's internet site, and the City's television channel The City Council will vote on the tax rate at this August 27th meeting at 6:00 pm. The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. Certified FY26 Debt Service Fund General Fund 20.2646 32.7608 Total $ 53.0254 No New Revenue 50.6934 Voter Approval Adjusted for Sales Tax $ 53.0254 At approximately 7:55 p.m., Mayor Nichols opened the Public Hearing. Elizabeth Cunha from College Station urged the Council to make decisions about the tax rate with struggling homeowners in mind. She noted that trimming is unlikely to hold the tax rate flat but also believes that delaying necessary spending isn't leadership, stating that difficult choices are sometimes the right ones. Jarrell Patton from College Station urged council to reduce government spending rather than increase taxes and suggested looking more closely at budgets. He believes that the tax rate is a kitchen -table issue for citizens and council needs to focus on accountability and better management of tax dollars. CCM 082726 Minutes Page 6 Page 17 of 358 Lloyd Davis from College Station stated that he believes assumptions made by the city about future valuation increases and funding needs for infrastructure are unrealistic, warning that vacancy -rate budgeting leads to an unaccountable slush fund. He is critical of the city's reliance on certificates of obligation and believes the city should not pass the capital budget as presented, believing it will continue the cycle of higher property tax rates. Padon Holt from College Station stated that the presented budget is capital -heavy and warned that rising debt service, declining property tax revenue, and internal service funds with surpluses signal financial imbalance. There being no further comments, the Public Hearing was closed at 8:11 p.m. 8.2. Presentation, discussion, and possible action on Ordinance No. 2026-4707 adopting the City of College Station 2026-2027 Budget: and presentation, possible action and discussion ratifying the property tax revenue increase reflected in the budget. Mary Ellen Leonard, Director of Fiscal Services, stated that there are two actions requested of Council in this agenda item. First is the consideration of the 2026-2027 proposed budget. The City Council received the proposed budget on July 6, 2026 and held budget workshops on July 13th to July 15th. The City Council held a public hearing on the proposed budget on July 23rd. The City Council will need to include any proposed revisions to the budget in the motion to adopt the budget. FY27 Net Budget Summary Fund Type Governmental Funds Enterprise Funds Special Revenue Funds Subtotal O&M Subtotal Capital Total Proposed Net Budget Council Directed Changes Net Budget $171,908,384 192,894,671 29,948,951 $394,752,006 $181, 5 94, 937 $576,346,943 40,398 otal Proposed Net Budget $576,387,34 The second action is ratification of the property tax revenue increase reflected in the budget. This action is required due to recently enacted legislation. House Bill 3195 amends the local government code to say the following: "(c) Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate as required by Chapter 26, Tax Code, or other law." The proposed budget will result in additional property tax revenues over last year of approximately $4.9M. The proposed tax rate is $0.530254 per $100 assessed valuation. The following is an overall summary of the proposed budget with workshop revisions. Subtotal Operation and Maintenance: $394,752,006; Net Capital: $181,594,937; Council Directed Changes: $40,398 for a Total Net Budget of: $575,387,341. CCM 082726 Minutes Page 7 Page 18 of 358 Elizabeth Cunha from College Station came before council to express support for the new public works facility as presented in the capital plan. She believes that the old facility is lacking space, floods, and has operational deficiency's that a new facility can address. She is of the opinion that the budget should prioritize core needs over elective spending like funds for refurbishing Hensel Park, which is not a city property. MOTION: A motion was made by Councilmember White to direct the City Manager to make the necessary cuts to bring the tax rate to 00.520000 per $100 of valuation. Motion died due to lack of a second. MOTION: A motion was made by Councilmember Yancy and a second by Councilmember White, the City Council voted one (1) for and six (6) opposed, with Mayor Nichols and Councilmembers Smith, Wright, White, Mcllhaney, and Shafer voting against to direct the City Manager to make the necessary cuts primarily within the vacancy and internal service funds to bring the tax rate down to $0.511872 per $100 valuation. The motion failed. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith, the City Council voted six (6) for and one (1) opposed, with Councilmember Yancy voting against, to adopt Ordinance No. 2026-4707 on the proposed FY27 budget for the City of College Station for a total proposed budget with revisions of $576,387,341. The motion carried. Recorded Vote: • Councilmember Smith, aye • Councilmember Wright, aye • Councilmember White, aye • Mayor Nichols, aye • Councilmember Mcllhaney, aye • Councilmember Yancy, nay • Councilmember Shafer, aye MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Mcllhaney, the City Council voted five (5) for and two (2) opposed, with Councilmembers White and Yancy voting against, to ratify the property tax increase reflected in the FY27 budget. The motion carried. Recorded Vote: • Councilmember Smith, aye • Councilmember Wright, aye • Councilmember White, nay • Mayor Nichols, aye • Councilmember Mcllhaney, aye • Councilmember Yancy, nay • Councilmember Shafer, aye 8.3. Presentation, discussion, and possible action on approval of an ordinance adopting the City of College Station 2026-2027 ad valorem tax rate of $0.530254 per $100 assessed valuation, the debt service portion being $0.202646 per $100 assessed valuation and the operations and maintenance portion being $0.327608 per $100 assessed valuation. Mary Ellen Leonard, Director of Fiscal Services, stated that on August 27th, the City Council discussed the tax rate and called a public hearing on a tax rate of $0.530254. The tax rate must be adopted as two separate components — one for Operations and Maintenance, $0.327608, and one for Debt Service, $0.202646, for a Total Tax Rate of $0.530254. The proposed tax rate of $0.530254 per $100 assessed valuation will generate CCM 082726 Minutes Page 8 Page 19 of 358 approximately $84.8 million. The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. $0.530254 is the tax rate that was used to prepare the proposed budget. If the City Council adopts a tax rate lower than the proposed rate, the budget will have to be amended and reduced. Current Tax Rate: $0.511872 No New Revenue Tax Rate: $0.506934 Voter Approved Tax Rate: $0.537862 Proposed Tax Rate: $0.530254 Certified FY26 Debt Service Fund General Fund 20.2646 $ 32.7608 Total $ 53.0254 No New Revenue 5 50.6934 Voter Approval Adjusted for Sales Tax $ 53.0254 MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Schafer the City Council voted five (5) for and two (2) opposed, with Councilmembers White and Yancy voting against, to adopt Ordinance No. 2026-4708, that the property tax rate be increased by the adoption of a tax rate of 53.0254 cents per $100 assessed valuation, which is effectively a 6.01 percent increase in the tax rate and the Maintenance and Operations rate be 32.7608 cents per $100 assessed valuation; and the Debt Service rate be 20.2646 cents per $100 assessed valuation. The motion carried. Recorded Vote: • Councilmember Smith, aye • Councilmember Wright, aye • Councilmember White, nay • Mayor Nichols, aye • Councilmember Mcllhaney, aye • Councilmember Yancy, nay • Councilmember Shafer, aye 8.4. Presentation, discussion, and possible action on Resolution No. 08-24-26-8.4 adopting fees, rates and charges as provided by Chapter 2 "Administration", Article V "Finance" Division 2 "Fees, Rates and Charges" of the Code of Ordinances, City of College Station, Texas. Mary Ellen Leonard, Director of Fiscal Services, stated that all fees, rates and charges in the Code of Ordinances are adopted by resolution of the City Council as provided in Sec. 2-117 of the Code. Each year with the budget the Council adopts a new resolution to keep the fees, rates, and charges current. CCM 082726 Minutes Page 9 Page 20 of 358 • No rate increase for metered Electric, Water, or Wastewater charges; • Multi -family fee tables added with no rate increases. • Slight increase in the Transmission Delivery Adjustment (TDA) fee • Slight decrease in the Renewable Energy / Net Metering credit. • Water and Sewer failure to provide meter access fee added. • Water and Sewer non -metered fees tied to the CPI-U. • Increase of 3.0% for fees tied to the Consumer Price Index - All Urban Consumers (CPI-U). • Fees tied to the CPI-U include, Planning, Drainage, Roadway Maintenance • Increase of 5.0% for Solid Waste fees tied to the CPI-Water/Sewer/Trash. • Northgate Commercial Compactor fees now tied to historical usage adjusted annually. • Fire Department Stand -By for special events updated to $75 per hour per person (2 person minimum) MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 08-27-26-8.4, for the adoption of the FY27 Fee Resolution as it appears on the dais. The motion carried unanimously. Mayor Nichols recessed the meeting at 9:30 p.m. The meeting resumed at 9:39 p.m. 8.5. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2026-4709 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 T Townhouse on approximately 9.75 acres generally located west of the intersection of Harvey Road and Boonville Road. Garrett Segraves, Planning and Development, stated that this request is to rezone 9.76 acres of land from PDD Planned Development District to T Townhouse, located west of the intersection of Harvey Rd and Boonville Rd. The property is currently undeveloped and sits at the end of Ascend Ln's temporary turnaround, which is intended to be built out with this project's development. The property was zoned to PDD Planned Development District in 2003 with the allowed uses being duplex and parks/open-space, and at that time a Concept Plan was not provided. The applicant is proposing a townhome development which would not be allowed in the current zoning district. The rezoning intends to follow the 2007 approved Master Development Plan of the property that indicated this area to be high density single-family residential uses, which is similar to the adjacent existing developments within the Plan. At approximately 9:42 p.m., Mayor Nichols opened the Public Hearing. Steve Smith from College Station stated that he would like to see the existing line of trees between his apartment and the proposed development preserved. He believes that trees are good for mental health, the environment, soil preservation and property value. There being no further comments, the Public Hearing was closed at 9:45 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember McIlhaney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2026-4709, amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning CCM 082726 Minutes Page 10 Page 21 of 358 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 T Townhouse on approximately 9.75 acres generally located west of the intersection of Harvey Road and Boonville Road. The motion carried unanimously. 8.6. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2026-4710 amending the Comprehensive Plan - Future Land Use & Character Map from Business Center to General Commercial for approximately 106 acres generally located east of the intersection of Midtown Drive and Corporate Parkway. Regular Items 8.6 and 8.7 were presented together. 8.7. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2026-4711 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 M-1 Light Industrial to GC General Commercial for approximately 92.88 acres generally located east of the intersection of Midtown Drive and Corporate Parkway. Jeff Howell, Planning and Development, explained that the City is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map, changing approximately 106 acres east of Midtown Drive and Corporate Parkway from Business Center to General Commercial. This change, along with rezoning about 92.88 acres of un-platted City -owned property from M-1 Light Industrial to GC General Commercial aims to allow more commercial use, including a proposed sports complex and hospitality development. The area was originally zoned R Rural in 1995 and changed to M-1 Light Industrial in 2003, but current zoning restricts certain commercial activities. EXISTING Future Land Use ALI EY Mixed Residential Mixed Residential 5 Estate RResidential ��K Pk4iRrE.�U Parks(] Greenways Institutional/ Public Natural & Open Areas Urban Residential General Commercial f•L101ca.i Natural & Open Areas ev Neighborhood ▪ Commercial Suburban Residential Suburban Residential General Commercial .° �9►' nstituticna Public PROPOSED Future Land Use IrAL: EY e Mixed Residential Natural & Open Areas Mixed Residential rUrban Residentia Estate Residential OrK PRR'Rr�--rr,,,_ Natural & Open Areas Neighborhood - Commercial Suburban Residential Suburban Residential General aommerciol Ina Public CCM 082726 Minutes Page 11 Page 22 of 358 EXISTING Zoning PROPOSED Zoning Light Industrial General Commercial Greens Ge cI Pro _ CorrunIOrcial, Cvellay Light/. Commecial Rural • �qoc RrE-Ro / Rural Geneial Sul,. Lon General Rural Light Industrial Planned Deve* pment 411 Di+l Office Single Family RcskI I oI This item was heard at the August 6th Planning and Zoning Commission meeting where the Commission voted 7-0 to recommend approval. At approximately 9:50 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 9:50 p.m. (8.6) MOTION: Upon a motion made by Councilmember Mcllhaney and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2026-4710, amending the Comprehensive Plan - Future Land Use & Character Map from Business Center to General Commercial for approximately 106 acres generally located east of the intersection of Midtown Drive and Corporate Parkway. The motion carried unanimously. (8.7) MOTION: Upon a motion made by Councilmember White and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2026-4711, 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 M-1 Light Industrial to GC General Commercial for approximately 92.88 acres generally located east of the intersection of Midtown Drive and Corporate Parkway. The motion carried unanimously. 8.8. Public Hearing, presentation, discussion. and possible action regarding Ordinance No. 2026-4712 amending the Comprehensive Plan by amending the Thoroughfare Plan and Active Transportation Master Plan to remove the future extension of Corporate Parkway, a Mai or Collector, between Midtown Drive and William D. Fitch Parkway including associated future bike lanes and sidewalks along with the realignment of the future Spring Creek trail to the existing Lick Creek trail. Jason Schubert, Planning and Development, stated that this item proposes to remove the future extension of Corporate Parkway between Midtown Drive and Wiliam D. Fitch Parkway, a Major Collector, from the Thoroughfare Plan along with the associated future bike lanes and sidewalks that are planned along that street. In addition, the future Spring Creek trail, which is planned to intersect William D. Fitch Parkway adjacent to CCM 082726 Minutes Page 12 Page 23 of 358 the Corporate Parkway extension, would be realigned to intersect the existing Lick Creek trail. This item is being brought forward in connection with a baseball development proposed in this area that would inhibit the complete extension of the street. The Bicycle, Pedestrian, and Greenways Advisory Board considered this item at their July 20, 2026 meeting and recommended approval (6-0). The Planning & Zoning Commission considered this item at their August 6, 2026 meeting and recommended approval (6-0) though expressed concerns regarding future traffic conditions in the area. Staff recommends approval of the amendments. At approximately 9:58 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 9:58 p.m. MOTION: Upon a motion made by Councilmember Mcllhaney and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2026-4712, amending the Comprehensive Plan by amending the Thoroughfare Plan and Active Transportation Master Plan to remove the future extension of Corporate Parkway, a Major Collector, between Midtown Drive and William D. Fitch Parkway including associated future bike lanes and sidewalks along with the realignment of the future Spring Creek trail to the existing Lick Creek trail. The motion carried unanimously. 8.9. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2026-4713 amending Chapter 2 "Administration," Article I "In General," Section 2-3 "City Boards, Commissions, and Committees," and Appendix A, Unified Development Ordinance, Article 2 "Development Review Bodies," Sections 2.1.B.1 "Appointments" and 2.6 `Bicycle, Pedestrian, and Greenways Advisory Board," Article 3 "Development Review Procedures," Section 3.5.0 "Concept Plan Approval Process," Article 8 "Subdivision Design and Improvements," Sections 8.3.K.2 "Required Sidewalks," 8.3.K.3 "Sidewalk Exceptions," 8.3.L.2 "Timing," 8.3.V.1 "General Requirements," and 8.4.T "Private Streets and Gating of Roadways," and Article 11 "Definitions," Section 11.2 "Defined Terms" of the Code of Ordinances of the City of College Station, Texas., by amending certain sections related to the name, membership, and duties of the Bicycle, Pedestrian, and Greenways Advisory Board and references to the Bicycle, Pedestrian, and Greenways Master Plan. Joe Allen, Planning and Development, explained that after adopting the Active Transportation Master Plan in May 2026, updates to the Unified Development Ordinance are needed to reflect the new plan's name. The ordinance amendment also revises the Board's membership, removing greenways responsibilities, now under the Parks Master Plan, and renames it the Active Transportation Advisory Board. The greenways-related member position is eliminated, a third member interested in walking, running, bicycling, or micromobility is added, and Event and Program Management are included as a field for Recreation, Health, or Kinesiology roles. Architecture is removed from the eligible fields for Transportation Planning, Engineering, Landscape Architecture, or Urban Planning position. Board responsibilities now focus on receiving project updates instead of technical reviews. The Greenways Program Manager position is removed, as its duties are reassigned to other staff. Most edits update references to the new Master Plan. The Bicycle, Pedestrian, and Greenways Advisory Board heard this item on July 20th, 2026, and voted unanimously to recommend approval with one modification to Section 2.6.B.1.b.4, modifying "Program Management" to "Event and Program Management." The attached documents were amended to reflect the recommended modification. The Planning and Zoning Commission heard about this item on August 6, 2026, and voted unanimously to recommend approval. Staff recommend approval of the proposed ordinance amendment. CCM 082726 Minutes Page 13 Page 24 of 358 Summary of Changes ■ Changes the name of the Board and references to the Board to read "Active Transportation Advisory Board" • Changes certain Board membership positions: • Removes the position representing environmental/ecological sciences, stormwater/flood plain management, and natural resources ■ Adds a third position for residents with an interest in walking, running, bicycling • Adds "event and program management" to an existing position, as requested by the Board • Replaces interest in "open space preservation" with "micromobility" • Removes the Greenways Program Manager position • Updates the name of the Master Plan and references to the topics of bicycling, walking, and greenways At approximately 10:04 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:04 p.m. MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Mcllhaney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2026-4713, amending Chapter 2 "Administration," Article I "In General," Section 2-3 "City Boards, Commissions, and Committees," and Appendix A, Unified Development Ordinance, Article 2 "Development Review Bodies," Sections 2.1.B.1 "Appointments" and 2.6 "Bicycle, Pedestrian, and Greenways Advisory Board," Article 3 "Development Review Procedures," Section 3.5.0 "Concept Plan Approval Process," Article 8 "Subdivision Design and Improvements," Sections 8.3.K.2 "Required Sidewalks," 8.3.K.3 "Sidewalk Exceptions," 8.3.L.2 "Timing," 8.3.V.1 "General Requirements," and 8.4.T "Private Streets and Gating of Roadways," and Article 11 "Definitions," Section 11.2 "Defined Terms" of the Code of Ordinances of the City of College Station, Texas, by amending certain sections related to the name, membership, and duties of the Bicycle, Pedestrian, and Greenways Advisory Board and references to the Bicycle, Pedestrian, and Greenways Master Plan. The motion carried unanimously. 8.10. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2026-4714 vacating and abandoning the full 11759.1 Square Foot of the Variable Width Public Utility Easement, said Easement being over, across, and upon, the West Park Addition Block 2, Lots 2R, 3R, 4R, & 5R, according to the plat recorded in Volume 11331, Page 115, of the Official Records of Brazos County, Texas. Gillian Sitler, Planning and Development, explained that the applicant is requesting the abandonment of certain public utility easements due to area redevelopment. These easements, established in 2013 per Unified Development Ordinance Sec. 8.3.I.2.b, were re-evaluated as part of the redevelopment project. While domestic water, electric, telecommunication, and gas lines are present within the easements, the telecommunication and gas owners have agreed to abandon their lines in place. A blanket public utility easement has been recorded for the remaining water and electric lines. Redevelopment will disconnect the water line from the public system and replace electric lines, with a replat dedicating new easements according to current UDO standards. Although 302 Fidelity Street did not provide consent, its redevelopment and replat are now approved and recorded. The easements total 11,759.1 square feet and are mainly along the property lines at 300 Fidelity St, 601 Highlands St, 603A Highlands St, and 603B Highlands St. At approximately 10:11 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:11 p.m. CCM 082726 Minutes Page 14 Page 25 of 358 MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2026-4714, vacating and abandoning the full 11759.1 Square Foot of the Variable Width Public Utility Easement, said Easement being over, across, and upon, the West Park Addition Block 2, Lots 2R, 3R, 4R, & 5R, according to the plat recorded in Volume 11331, Page 115, of the Official Records of Brazos County, Texas. The motion carried unanimously. 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 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. Bryan Woods, City Manager, recognized staff for the Texas A&M Off Campus Student Carnival at City Hall. 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) No reports at this time. 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 Staffs response to the request or inauiry 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 inauirv. Any deliberation of our decision about the subiect of a request will be limited to a proposal to place the subiect on the agenda for a subsequent meeting. Councilmember Yancy requested an item on junction boxes in the city right-of-way. Councilmember White requested an item on a safe -pass ordinance for bicycles. 12. Adiournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 10:21 p.m. on Thursday, August 27, 2026. John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary CCM 082726 Minutes Page 15 Page 26 of 358 September 10, 2026 Item No. 7.2. Backup Dispatch ILA Sponsor: Jeff Capps, Deputy City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an interlocal agreement (ILA) between the City of College Station, City of Bryan, Brazos County, and Brazos County Emergency Communications District (BC 911) for a backup dispatch facility. Relationship to Strategic Goals: Good governance Core Services and Infrastructure Recommendation(s): Staff recommends council consider the ILA and vote to approve the agreement in coordination with the other entities. Summary: This agreement between College Station, Bryan, Brazos County, and BC 911 will combine backup dispatch facility resources into one central location to increase communication, reduce costs, and better coordinate services in the event a need arises. A facility at 1100 North Main Street, Bryan, Texas, will be leased for this purpose. The lease term is for ten years with an option to terminate after five years. The City of College Station will be responsible for 35% of the rent, as determined by the overall size and scope of the City's dispatch operations. In FY27, this will amount to $1,514.78 per month. Each year the rent shall be increased by the lesser of 1.5% or the CPI-U increase published by the Bureau of Labor Statistics. Budget & Financial Summary: The lease will be paid for from the public safety departmental funds in the General Fund Attachments: 1. Backup Dispatch ILA Page 27 of 358 BACKUP DISPATCH FACILITY AGREEMENT STATE OF TEXAS COUNTY OF BRAZOS § THIS BACKUP DISPATCH FACILITY AGREEMENT ("Agreement"), effective on the execution date of the last signing Party, is by and between the City of College Station, a Texas Home Rule Municipal Corporation ("College Station"), City of Bryan, a Texas Home Rule Municipal Corporation ("Bryan"), Brazos County, Texas, a political subdivision of the State of Texas ("County"), and Brazos County Emergency Communications District, ("BC 911"); and WHEREAS, the parties are entering into this Agreement to coordinate plans and assets to provide for the protection of the health, life, and property of the citizens of the Brazos Valley during times when a backup dispatch center is needed; and WHEREAS, the parties are authorized to make and enter into this Agreement under the Interlocal Cooperation Act (Subchapter B of Chapter 791 of the Texas Government Code), the Texas Disaster Act (Texas Government Code Chapter 418), and other applicable laws of the State of Texas pertaining to emergency services; and WHEREAS, the parties have combined backup dispatch facility resources into one central location to increase communication, reduce costs, and better coordinate services from one central point in the event a need arises; and NOW THEREFORE, College Station, Bryan, County, and BC 911, in consideration of the covenants and conditions contained in this Agreement, agree as follows: ARTICLE I. DEFINITIONS Section 1.01. Definition of Terms. The terms and expressions as used in this Agreement, unless the context clearly shows otherwise, shall have the following meanings: (a) "Agreement" means this contract and any amendments or renewals regarding this Agreement executed by the parties with respect to the establishment of a backup dispatch facility. (b) "Backup Dispatch Facility or Dispatch Facility" means the centralized joint operation of the Parties' backup dispatch facility in the Leased Premises in Bryan, Texas. (c) "Landlord" means Fibertown DC, LLC. (d) "Leased Premises" means space within the Wimberly Building, 1100 North Main Street, Bryan, Brazos County, Texas as described below: Backup Dispatch ILA Page - 1 - of 10 Page 28 of 358 ARTICLE II. GENERAL PURPOSE Section 2.01. College Station, Bryan, County, and BC 911 enter into this Agreement to operate a Backup Dispatch Facility ("Facility"). The primary purpose of the Facility is to achieve cost savings to the Parties by the elimination of duplication of services and to provide a more effective, efficient dispatching of joint operation emergency services for Parties at a central location for backup dispatch services. ARTICLE III. GENERAL OPERATING REQUIREMENTS Section 3.01. Operations. Each Party shall employ its own staff to man their dispatch services at the Facility. All costs including the lease, equipment, cross -connect fees, and connectivity are fully funded by BC 911. (a) Each Party must designate a Point of Contact (POC) for coordination and submit to BC 911 in writing. (b) BC 911 will maintain a shared online calendar to track planned and emergency usage. (c) Planned use for training or maintenance should be scheduled in writing at least two (2) weeks in advance through the BC 911 POC. (d) Emergency use can begin immediately, but the POC must be notified as soon as practicable so BC 911 technical staff can make configuration adjustments. (e) Physical access to the Leased Premises is controlled by door cards managed by Fibertown's 24/7 security staff. Access is limited to personnel already authorized at their primary dispatch facility, consistent with CJIS (Criminal Justice Information Systems) policies. Visitors must be escorted. Section 3.02. Lease. (a) Brazos County Emergency Communications District ("BC 911") will execute a lease with Fibertown DC, LLC (a.k.a., Astin Redevelopment, L.P.) which has been assigned to Landlord for the rental of a portion of the Wimberly Building, 1100 North Main Street, Bryan, Brazos County, Texas ("Lease") within which the Facility shall be housed. BC 911 shall not execute the Lease without the prior consent of all parties to this Agreement. The lease term is for ten (10) years with an option to terminate after five (5) years and will include an annual price adjustment as follows: Annual Price Adjustment On each anniversary of the Effective Date (the "Adjustment Date"), the rent shall be increased by a percentage equal to the lesser of: Backup Dispatch ILA Page - 2 - of 10 Page 29 of 358 • One and one-half percent (1.5%); or • The percentage increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, Not Seasonally Adjusted (All Items), as published by the Bureau of Labor Statistics. Calculation Method -The CPI percentage increase shall be calculated by comparing the "Base Index" to the "Current Index." • Base Index: The CPI index value published for August 2026. • Current Index: The CPI index value published for the month that is two (2) months prior to the upcoming Adjustment Date. Formula -If the CPI Change is negative (deflation), the price shall remain unchanged for that period. (b) College Station and Bryan will each reimburse BC 911 for thirty-five percent (35%), and County will reimburse BC 911 for thirty percent (30%) of the rents. The Cities and County are not responsible for any other costs or expenses of BC 911. The detailed payment schedule for the first year is below, with subsequent years proportionately increased according to the annual price adjustment described in 3.02(a) above: Lease Year Oct 2026-Sep 2027 Total Monthly College Station _ (35% $4,327.95 $1,514.78 Bryan Brazos County 35% (30° $1,514.78 S 1.298.39 (c) BC 911 shall provide a credit to each Party equal to each Party's proportionate share of any rent abatement granted by the Landlord in the event of a partial destruction of the Leased Premises. Such apportionment shall be a ratio equal to each Party's damaged or destroyed square footage divided by the total square footage of the leased premises and multiplied by the abated rent. BC 911 shall not modify the Lease without the written consent of College Station, Bryan, and County. BC 911 shall forward to College Station, Bryan, and County all Notices it receives from the Landlord relative to the Leased Premises and shall not settle any dispute arising under the Lease without the advice and consultation of College Station, Bryan, and County. (d) BC 911 will invoice the Parties annually for their proportionate share of the rent. The Parties will have thirty (30) days to pay the invoice. Following the payment of rent due under the Lease, BC 911 shall provide to each Party a receipt or other satisfactory evidence verifying the rent has been paid to Landlord. Section 3.03. Costs. Lease costs are divided among the Parties based on the overall size and scope of their dispatch operations, while the BC 911 retains sole responsibility for all equipment, furniture, and network connectivity (upfront and recurring). BC 911 shall be responsible for maintaining all records and paying all invoices and any other bills that may arise from the operation of the Facility. Any Party requiring additional network connectivity beyond the standard methods currently used will incur separate charges billed directly to that Party. Section 3.04. Equipment and Leased Space. BC 911 retains sole responsibility for all equipment, furniture, and network connectivity (upfront and recurring). The lease space will be Backup Dispatch ILA Page - 3 - of 10 Page 30 of 358 approximately 1,419 square feet with three (3) rooms, including: a main room with up to 11 dispatch workstations, a smaller room for a supervisor's office with 1-2 additional workstations, and a third room for dedicated server and network space. Section 3.05. Budgeted Funds. All expenses required to be paid herein shall be paid solely from lawfully available funds that have been appropriated by the Parties. ARTICLE IV. TERM This Agreement is effective on the effective date, as determined above, and the term begins on October 1, 2026, and shall terminate on September 30, 2036. ARTICLE V. TERMINATION AND DISSOLUTION Section 5.01. Withdrawal From Agreement. Any Party to this Agreement may terminate its participation and withdraw from this Agreement upon providing at least 120 calendar days' written notice to the non -terminating Parties, but shall remain liable for its share of the rent owing pursuant to the Lease due through the effective date of withdrawal as indicated in such notice; provided, however, if a Party terminates due to its failure to appropriate funds as stated above, such entity may terminate effective as of the date that the previously authorized funding for participation in the Facility expires and without payment of said rent for which funding is not authorized. The withdrawing Party, no later than the effective date of its withdrawal, shall remove all property, but shall do so in a manner and at such times as to minimize any interference with the efficient operations of the Facility and the other parties. (a) Responsibilities of Non -Terminating Parties. Should a Party terminate as stated above, the remaining parties may negotiate new terms for the apportionment of expenses and delegation of responsibility, as applicable, under this Agreement. During the period of negotiating new terms of agreement, each Party shall be responsible for its increased proportionate share of expenses required to be paid under this Agreement. If the parties are unable to negotiate and approve new terms within sixty (60) calendar days after the receipt of notice of any Party's intent to withdraw from this Agreement (the "Renegotiation Deadline"), BC 911 may terminate the Lease with Landlord effective sixty (60) calendar days after the Renegotiation Deadline or any agreed extension thereof. If BC 911 terminates the Lease under this paragraph, the other parties shall continue to reimburse BC 911 for their increased proportionate share of rent and other expenses due under the Lease through the effective Lease termination date and, to the extent permitted by law, shall reimburse BC 911 for their proportionate share of termination expenses due under the Lease. If the parties are unable to negotiate and approve new terms of agreement for the joint operation of the Facility, but BC 911 elects to not terminate the Lease, the other parties shall vacate the leased premises on or before the 60th calendar day after the Renegotiation Deadline or any agreed extension thereof and shall continue to reimburse BC 911 for their increased proportionate share of rent and other expenses due under the Lease through the end of such sixty (60) calendar day period. Backup Dispatch ILA Page - 4 - of 10 Page 31 of 358 ARTICLE VI. GENERAL PROVISIONS Section 6.01. Interlocal Cooperation Act. Each Party to this Agreement is either a local government agency or an agency of the State of Texas as defined in the Interlocal Cooperation Act. Nothing in this Agreement will be construed as a waiver or relinquishment by any Party of its right to claim such exemptions, privileges, and immunities as may be provided by the Constitution and the Laws of the State of Texas. No separate legal entity is created by this Agreement. Section 6.02. Amendment. The terms and conditions of this Agreement may be amended upon mutual consent of all Parties. Mutual consent will be demonstrated by approval of each governing body of each Party hereto. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing, duly approved, and signed by the authorized representatives of all Parties. Section 6.03. Hold Harmless. To the extent authorized by the Constitution and the laws of the State of Texas, and subject to the limitations as to liability and damages in the Texas Tort Claims Act, and without waiving its governmental immunity, each Party agrees to hold harmless each other Party, its governing board, regents, officers, agents, employees, and volunteers, for any liability, loss, damages, claims, or causes of action caused or asserted to have been caused directly or indirectly by any other Party to this Agreement or any of its officers, agents, employees, or volunteers, as the result of its performance under this Agreement. Each Party remains solely responsible for any legal defense and any civil liability due to the acts or omissions of their own employees. Notwithstanding any other terms in this Agreement, nothing is construed as a waiver of any legal defense or remedy of any nature to any claim against a Party. Section 6.04. Insurance. Each Party must maintain statutory workers' compensation coverage on its employees. Section 6.05. Entire Agreement. 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 of this Agreement. No oral understandings, statements, promises, or inducements contrary to the terms of this agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any Party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. Section 6.06. Venue and Choice of Law. 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, and venue shall be in any court having jurisdiction in Brazos County. Section 6.07. 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 Backup Dispatch ILA Page - 5 - of 10 Page 32 of 358 has been properly authorized and empowered to enter into this Agreement. The persons executing this agreement hereby represent that they have full authority to sign on behalf of their respective governmental bodies. Section 6.08. Waiver. Failure of any Party, at any time, to enforce any 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 any Party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived, or breach excused, unless the waiver shall be in writing and signed by the Party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. Section 6.09. Savings Clause. If one or more provisions or terms contained in this Agreement shall, for any reason, be held invalid, illegal, or otherwise unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision or term hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision or term had never been contained herein. Section 6.10. Multiple Originals. It is understood and agreed that this Agreement may be executed in any number of identical counterparts, each of which shall be deemed an original for all purposes. Section 6.11. Effective Date. This Agreement is effective when signed by the last party signing, thereby making the Agreement fully executed. Section 6.12. Notice. Any official notices from one Party to another Party must be in writing and sent by certified mail return receipt requested and properly addressed to the respective Parties as stated below. Any other day-to-day communication by the Parties' staff may be by any other means of sufficient documented communication. College Station Attn: City Manager P.O. Box 9960 College Station, TX 77842 Bryan Attn: City Manager P.O. Box 1000 Bryan, TX 77805 Brazos County Attn: County Judge 300 E. 26th Street, Bryan, TX 77803 BC 911 Attn: Executive Director P.O.Box 911 Bryan, TX 77806 Section 6.13. Relationship of the Parties. This Agreement does not create a partnership or joint venture between the parties. No Party may obligate or bind another Party in any manner. [SIGNATURE PAGES FOLLOW Backup Dispatch ILA Page - 6 - of 10 Page 33 of 358 EXECUTED this the day of , 2026 by the City of College Station. By: CITY OF COLLEGE STATION Mayor, City of College Station ATTEST: APPROVED City Secretary City Manager City Attorney Assistant City Manager/CFO Backup Dispatch ILA Page - 7 - of 10 Page 34 of 358 EXECUTED this the ay of p, e..t.a.., , 2026 by the City of Bryan. By: ATTEST: Melissa Brunner, City Secretary CITY OF BRYAN or, City of Bryan APPROVED AS TO FORM: Thomas A.r, City Attorney Backup Dispatch ILA Page - 8 - of 10 Page 35 of 358 EXECUTED this the / day of Q..s.- t , 2026 by Brazos County. 0 COUNTY OF BRAZOS By: ATTEST: `Vs1/4_,CArton,-----• CY1109r, g..&"--- County Clerk Brazos County Judge APPROVED AS TO FORM: (2h ,4i4.General Counsel' Backup Dispatch ILA Page - 9 - of 10 Page 36 of 358 911. EXECUTED this the 20th day of August , 2026 by BC By: Bra Co my 911 sik--- Executive Director Backup Dispatch ILA Page -10 - of 10 Page 37 of 358 September 10, 2026 Item No. 7.3. Atmos Rate Ordinance Sponsor: Ross Brady, Chief of Staff Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the approval of the Atmos Mid - Tex 2026 Rate Review Mechanism (RRM) Settlement and Rate Ordinance. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommends the Council approve the settlement and ordinance. Summary: The City of College Station is a member of the Atmos Cities Steering Committee (ACSC) along with 181 other Texas cities served by Atmos. This committee reviews changes made to the rates Atmos charges its customers. In April 2026, Atmos proposed an increase to its rates which, across their entire service area, would generate an additional $291.1 million in revenue. The ACSC objected to this amount but acknowledged some increase was necessary for the company to recover costs. After negotiations, the two entities agreed to a settlement amount of $260.5 million for the system -wide increases. The impact on the average residential customer in College Station will be an increase of $13.37 per month, or 14.15%. The impact on the average commercial customer will be $44.82 per month, or 9.90%. The attached ordinance approves the RRM settlement and authorizes the new rates. These rates become effective October 1, 2026. Budget & Financial Summary: There is no significant financial impact to the City. Attachments: 1. Atmos Mid -Tex 2026 RRM Ordinance - College Station Page 38 of 358 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2026 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of College Station, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid -Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid -Tex Division; and 1 Page 39 of 358 WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about April 1, 2026 Atmos Mid -Tex filed its 2026 RRM rate request with ACSC Cities based on a test year ending December 31, 2025; and WHEREAS, ACSC coordinated its review of the Atmos Mid -Tex 2025 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid -Tex of $260.5 million on a system -wide basis with an Effective Date of October 1, 2026; and WHEREAS, ACSC agrees that Atmos plant -in-service is reasonable; and WHEREAS, with the exception of approved plant -in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications. 2 Page 40 of 358 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $260.5 million on a system -wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid -Tex within the municipal limits arising from Atmos Mid-Tex's 2026 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex's plant -in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid -Tex to recover annually an additional $260.5 million on a system -wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. Section 6. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of ACSC in processing the Company's 2026 RRM filing. 3 Page 41 of 358 Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2026. Section 11. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid -Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. 4 Page 42 of 358 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF , TEXAS, BY A VOTE OF TO , ON THIS THE DAY OF . 2026. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney 2557/40/9262988 5 Page 43 of 358 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R — RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Customer Charge per Bill Rider CEE Surcharge Total Customer Charge Commodity Charge — All Ccf Amount $ 24.35 per month $ 0.05 per month' $ 24.40 per month $ 1.03839 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 19196. Surcharge billing effective July 1, 2026. Page 44 of 358 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C — COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Customer Charge per Bill $ 115.50 per month Rider CEE Surcharge $ 0.00 per month' Total Customer Charge $ 115.50 per month Commodity Charge — All Ccf $ 0.27784 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-plantprotection(a�atmosenergy.com. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 19196. Surcharge billing effective July 1, 2026. Page 45 of 358 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 2,304.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.9582 per MMBtu Next 3,500 MMBtu $ 0.7018 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1505 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Page 46 of 358 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-plantprotection(&,atmosenergy. com. Page 47 of 358 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. This tariff is not available to customers with a maximum daily demand of 1,000 MMBtu or greater and a daily/annual load factor of 10% or less. Load factor is calculated as follows: annual usage / (maximum daily connected demand X 365). Load factors will be recalculated once each year to determine appropriate eligibility for Rate T. Type of Service Company's receipt and delivery of all gas quantities under the applicable Transportation Agreement will be on a wholly interruptible basis subject to the Terms and Conditions incorporated in the Transportation Agreement. If Customer is an Industrial Customer, then Customer may elect, at the reasonable discretion of Company, to contract for Plant Protection transportation quantities defined as the minimum natural gas required to prevent physical harm and/or protect critical safety to the plant facilities, plant personnel, or the public when such protection cannot be achieved through the use of an alternate fuel. Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 2,304.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.9582 per MMBtu Next 3,500 MMBtu $ 0.7018 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1505 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Page 48 of 358 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Overpull Fee Upon notification by Company of an event of interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Page 49 of 358 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: SUR — SURCHARGES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application This Rider is applicable to customer classes in the incorporated areas under the RRM tariff as authorized by the state or any governmental entity, a municipality, or a regulatory authority pursuant to any statute, ordinance, order, rule, contract, or agreement. Monthly Calculation Surcharges will be calculated in accordance with the applicable statute, ordinance, order, rule, contract, or agreement. FASB ASC 740-10 (Fin48) Refund Applicable to Customers taking service under Rate Schedules R — Residential, C — Commercial, I — Industrial and T — Transportation. To ensure that gas utility customers receive the benefit associated with the changes in the Company's Uncertain Tax Positions ("UTPs") arising from recognition of Texas Margin Tax returns. The decrease shall be calculated as follows: Beginning with implementation of rates from the negotiated RRM Tariff, and annually thereafter, the portion of UTP liabilities identified in Schedule FIN48-1.1 for the prior fiscal year shall be allocated based on the final class allocations of GUD No. 10170 as per the RRM Tariff, divided by the annual bill count to derive rates to be refunded through Rider SUR in the subsequent fiscal year. Each year's calculation will include a true -up (+ or - ) due to account for over/under collections. Amounts identified in Schedule FIN48-1 shall be adjusted to reflect any audit adjustments received from the Texas Comptroller of Public Accounts. No action on the part of the Regulatory Authority is required to give effect to the amount to be refunded to customers. However, any amount refunded to customers shall be fully subject to review for reasonableness and accuracy in the gas utility's next statement of intent proceeding with the Railroad Commission of Texas, and if applicable, the gas utility shall be required to reconcile any discrepancies. The following refund as authorized in the most recent negotiated RRM Tariff shall be refunded to each Rate Schedules R — Residential, C — Commercial, I — Industrial and T — Transportation customer's monthly bill in each month for a 12-month period. The refund amount by month by Rate Schedule is shown in the table below: Rate Schedules Rate Rate R — Residential Sales $ (0.14) Rate C — Commercial Sales $ (0.49) Rate I — Industrial Sales $ (10.47) Rate T — Transportation $ (10.47) Page 50 of 358 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: SUR — SURCHARGES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Unprotected Excess Deferred Income Tax Amortization The allocated RRM Cities balance of the Unprotected portion of the Excess Deferred Income Taxes ("EDIT") remaining after implementation of rates at October 1, 2026 shall be applied to each Rate Schedules R — Residential, C — Commercial, I — Industrial and T — Transportation customer's monthly bill for a one -month period. The refund amount by Rate Schedule is shown in the table below: Rate Schedules Rate Rate R — Residential Sales $ (4.45) Rate C — Commercial Sales $ (14.80) Rate I — Industrial Sales $ (319.02) Rate T — Transportation $ (319.02) Maximum Allowable Operating Pressure ("MAOP") Hydrostatic Testing Cost Recover. The allocated RRM Cities balance of the MAOP Hydrostatic Testing Cost as of December 31, 2025 is to be recovered through a monthly rate. This monthly rate shall be applied to each Rate Schedules R — Residential, C — Commercial, I — Industrial and T — Transportation customer's monthly bill for approximately twelve (12) months or until all approved costs are recovered from the applicable customer classes. The monthly recovery rate by Rate Schedule is shown in the table below: Rate Schedules Rate Rate R — Residential Sales $ 0.30 Rate C — Commercial Sales $ 0.98 Rate I — Industrial Sales $ 21.17 Rate T — Transportation $ 21.17 Page 51 of 358 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA — WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Provisions for Adiustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adiustment The Weather Normalization Adjustment Factor shall be computed to the nearest one -hundredth cent per Ccf by the following formula: WNAFi = Ri (HSFi x (NDD-ADD) ) (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAF; x Where qi; is the relevant sales quantity for the jth customer in ith rate schedule. Page 52 of 358 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA — WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.78 0.1448 91.89 0.8018 Austin 9.07 0.1318 213.26 0.9418 Dallas 12.87 0.1937 192.49 1.1269 Waco 9.39 0.1261 159.17 0.8068 Wichita 10.61 0.1364 133.65 0.6965 Falls Weather Normalization Adiustment (WNA) Report On or before June 1 of each year, the company posts on its website at www.atmosenergy.com/MTXtariffs, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Page 53 of 358 Line No. 1 Description (a) ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2025 Shared Services Mid -Tex Direct Post- Post- Supplemental Pension Employment Pension Employment Executive Benefit Adjustment Account Plan Benefit Plan Account Plan Benefit Plan Plan Total (b) (c) (d) (e) (f) (g) Proposed Benefits Benchmark - Fiscal Year 2026 Willis Towers Watson Report as adjusted (1) (2) (3) $ 200,382 $ (490,197) $ 951,536 $ (3,288,240) $ 72,926 2 Allocation Factor 46.66% 46.66% 87.00% 87.00% 100.00% 3 Proposed Benefits Benchmark Costs Allocated to Mid -Tex (Ln 1 x Ln 2) $ 93,490 $ (228,707) $ 827,882 $ (2,860,928) $ 72,926 4 O&M and Capital Allocation Factor 100.00% 100.00% 100.00% 100.00% 100.00% 5 Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4) $ 93,490 $ (228,707) $ 827,882 $ (2,860,928) $ 72,926 $ (2,095,337) 6 7 O&M Expense Factor (WP_F-2.3, Ln 2) 80.27% 80.27% 36.19% 36.19% 8.73% 8 9 Summary of Costs to Approve (1): 10 Total Pension Account Plan $ 75,047 $ 299,646 $ 374,693 11 Total Post -Employment Benefit Plan $ (183,588) $ (1,035,492) (1,219,080) 12 Total Supplemental Executive Benefit Plan $ 6,367 6,367 13 Total (Ln 10 + Ln 11 + Ln 12) $ 75,047 $ (183,588) $ 299,646 $ (1,035,492) $ 6,367 $ (838,020) Page 54 of 358 Line No. ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2025 Average Current Proposed Current Proposed Amount Percent Description Volumes Rates Rates Average Bill Average Bill Change Change (a) (b) (c) (d) (e) (f) (g) (h) 1 Rate R a 40.7 Ccf 2 Base Rates: 3 Customer Charge 4 Consumption Charge (Ccf) 5 Total Base Rates 6 7 Gas Cost: 8 Rider GCR Part A (Ccf) 9 Rider GCR Part B (Ccf) 10 Total Gas Cost 11 12 Total Base with Gas Cost 13 Rider FF & Rider TAX 14 15 Total Residential Average Bill 16 17 Rate C a 372.6 Ccf 18 Base Rates: 19 Customer Charge 20 Consumption Charge (Ccf) 21 Total Base Rates 22 23 Gas Cost: 24 Rider GCR Part A 25 Rider GCR Part B 26 Total Gas Cost 27 28 Total Base with Gas Cost 29 Rider FF & Rider TAX 30 31 Total Commercial Average Bill 32 $ 23.65 $ 24.35 $ 23.65 $ 24.35 $ 0.70 40.7 $ 0.74748 $ 1.03839 30.44 42.29 11.85 $ 54.09 $ 66.64 $ 12.55 23.20% 40.7 $ 0.26375 $ 0.26375 $ 10.74 $ 10.74 $ 40.7 $ 0.58642 $ 0.58642 23.88 23.88 $ 34.62 $ 34.62 $ 0.00% $ 88.71 $ 101.26 $ 12.55 0.06509 0.06509 5.77 6.59 0.82 14.15% $ 94.48 $ 107.85 $ 13.37 14.15% $ 94.00 $ 115.50 $ 94.00 $ 115.50 $ 21.50 372.6 $ 0.22261 $ 0.27784 82.95 103.53 20.58 $ 176.95 $ 219.03 $ 42.08 23.78% 372.6 $ 0.26375 $ 0.26375 $ 98.28 $ 98.28 $ 372.6 $ 0.40258 $ 0.40258 150.02 150.02 $ 248.30 $ 248.30 $ 0.00% $ 425.25 $ 467.33 $ 42.08 0.06509 0.06509 27.68 30.42 2.74 9.90% $ 452.93 $ 497.75 $ 44.82 9.90% Page 55 of 358 Line No. Description (a) 33 Rate I at 1263 MMBTU 34 Base Rates: 35 Customer Charge 36 Block 1 - Consumption Charge (MMBtu) 37 Block 2 - Consumption Charge (MMBtu) 38 Block 3 - Consumption Charge (MMBtu) 39 Total Base Rates 40 41 Gas Cost: 42 Rider GCR Part A (MMBtu) 43 Rider GCR Part B (MMBtu) 44 Total Gas Cost 45 46 Total Base with Gas Cost 47 Rider FF and Rider TAX 48 49 Total Industrial Average Bill 50 51 Rate T at 4935 MMBTU 52 Base Rates: 53 Customer Charge 54 Block 1 - Consumption Charge (MMBtu) 55 Block 2 - Consumption Charge (MMBtu) 56 Block 3 - Consumption Charge (MMBtu) 57 Total Base Rates 58 59 Gas Cost: 60 Rider GCR Part B (MMBtu) 61 Total Gas Cost 62 63 Total Base with Gas Cost 64 Rider FF and Rider TAX 65 66 Total Transportation Average Bill ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2025 Average Volumes (b) 1,263 1,263 1,263 1,263 Current Rates (c) $1,848.75 $ 0.7678 $ 0.5623 $ 0.1206 Proposed Rates (d) Current Average Bill (e) $ 2,304.50 $ 1,848.75 $ 0.9582 969.87 $ 0.7018 $ 0.1505 $ 2.63750 $ 2.63750 $ 0.90813 $ 0.90813 0.06509 0.06509 Proposed Average Bill (f) Amount Change (g) $ 2,304.50 $ 455.75 1,210.38 240.51 $ 2,818.62 $ 3,514.88 $ $ 3,331.65 $ 3,331.65 1,147.13 1,147.13 $ 4,478.78 $ 4,478.78 $ 7,297.41 $ 7,993.67 $ 475.01 520.33 $ 7,772.42 $ 8,514.00 $ $1,848.75 $ 2,304.50 $ 1,848.75 $ 2,304.50 $ 1,500 $ 0.7678 $ 0.9582 1,151.70 1,437.30 3,435 $ 0.5623 $ 0.7018 1,931.41 2,410.57 - $ 0.1206 $ 0.1505 - 4,935 $ 4,931.86 $ 6,152.37 $ Percent Change (h) 696.26 24.70% 0.00% 696.26 45.32 9.54% 741.58 9.54% 455.75 285.60 479.16 1,220.51 24.75% 4,935 $ 0.90813 $ 0.90813 $ 4,481.46 $ 4,481.46 $ $ 4,481.46 $ 4,481.46 $ 0.00% $ 9,413.33 $ 10,633.84 $ 1,220.51 0.06509 0.06509 612.74 692.19 79.45 12.97% $ 10,026.07 $ 11,326.02 $ 1,299.96 12.97% Page 56 of 358 September 10, 2026 Item No. 7.4. McCulloch Traffic Calming Improvements Construction Contract Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the award of a construction contract to Brazos Paving, Inc. in the amount of $172,040 for McCulloch Neighborhood Traffic Calming Improvements. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility 3. Neighborhood Integrity Recommendation(s): Staff recommends awarding a construction contract to Brazos Paving, Inc. for the McCulloch Traffic Calming Improvements. Summary: In 2022, the McCulloch neighborhood participated in the city's traffic -calming program. Traffic Engineering staff developed a traffic -calming plan for the neighborhood, including speed cushions and warning signage on Arizona, Phoenix, Carolina, Detroit, Alabama, Georgia, and Nevada Streets, which was voted on and approved by the neighborhood. Due to an upcoming water and wastewater utility rehabilitation project and subsequent street maintenance, the implementation of the traffic -calming was put on hold. Once the rehabilitation project and street maintenance were completed, staff met with the neighborhood to review the traffic - calming plan and collect any additional feedback. ITB 26-087 was issued and one (1) bid was received from Brazos Paving, Inc in the amount of $172,040. Staff recommends awarding to Brazos Paving, Inc. Budget & Financial Summary: Funds are budgeted and available in the General Fund in Public Works — Traffic Engineering's operation account. Attachments: 1. 26300782-- BPI_VendorSigned 2. McCullough Traffic Calming Plan Page 57 of 358 wr~ CONTRACT & AGREEMENT ROUTING FORM CITY 01. CULL'C II STATION No�nr e/'+ias+. AdM lnvx+riry' CONTRACT#: 26300782 PROJECT #: BID/RFP/RFQ#: 26-087 McCullough Neighborhood Traffic Calming Improvements — Speed Cushion and Sign Installation Project Name / Contract Description: Name of Contractor: Brazos Paving, Inc. CONTRACT TOTAL VALUE: $ 172,040.00 Debarment Check Section 3 Plan Incl. ■ NEW CONTRACT Yes Yes No No • RENEWAL # N/A N/A Grant Funded Yes No ■ If yes, what is the grant number:) Davis Bacon Wages Used Buy America Required Transparency Report Yes Yes Yes No No CHANGE ORDER # OTHER No N/A N/A N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) One bid received from Brazos Paving, Inc., Due date Thursday, August 13, 2026 at 14:00 CT. Project estimate was $155,000.00. Funding source comes from account number 10010710, project number 5399. (If required) * CRC Approval Date*: N/A Council Approval Date*: 09/10/2026 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 ASST CITY MGR — CFO ,bu In Q, AwiSLt- LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (if applicable) N/A CITY SECRETARY (if applicable) 9.12.23 UPDATED 9/1/2026 9/1/2026 9/1/2026 DATE DATE DATE DATE DATE DATE Page 58 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 Brazos Paving, Inc. (the "Contractor") for the construction and/or installation of the following: As described in ITB 26-087 McCullough Neighborhood Traffic Calming Improvements 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: Seventeen Thousand Two Hundred and NO /100 Dollars ($ 17,200.00 ). 1.06 Contract Amount. The term "Contract Amount" shall mean the amount of Contractor's lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor's Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in consideration of the Contractor's final completion of all Work in conformity with this Agreement, the City shall pay the Contractor an amount not to exceed: One hundred Seventy -Two Thousand Forty and NO /100 Dollars ($ 172,040.00 ). 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 1 Page 59 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 2 Page 60 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 3 Page 61 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 4 Page 62 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 5 Page 63 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 6 Page 64 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 7 Page 65 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 8 Page 66 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 9 Page 67 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 10 Page 68 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 11 Page 69 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 12 Page 70 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 13 Page 71 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 14 Page 72 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: n16.04 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 73 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 16 Page 74 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. ❑ 17.03 For "Extra Work", as defined in this Agreement and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original Contract price may not be increased by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non -included cost. 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 17 Page 75 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 18 Page 76 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 77 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Pagel 20 Page 78 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page21 Page 79 of 358 that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 As a result of the difficulty in estimation, calculation and ascertainment of City's damages due to a failure of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the Work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Section 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of TWO HUNDRED and NO /100 DOLLARS ($ 200.00 ) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01 The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02 The Contractor shall take the necessary precautions to protect any areas adjacent to its Work. 24.03 The Work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01 Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (1) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative, and all work will be of good quality, free from faults and defects (other than defects from third parties as set out in Chapter 59 Texas Business and Commerce Code relating to non -critical infrastructure), and in conformance with this Agreement, the other Contract Documents, and recognized industry standards . 25.02 All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03 This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04 Where more than a one (1) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. Contract No. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 22 Page 80 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 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 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 23 Page 81 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 24 Page 82 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 25 Page 83 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: l . Employer's Liability minimum limits of $1,000,000.00 for each accident/each disease/each Contract No. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 26 Page 84 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 27 Page 85 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 28 Page 86 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. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 28. BOND PROVISIONS (c) 28.01 Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City's discretion, such bonds shall be executed in accordance with all requirements of Chapter 3503 of the Texas Insurance Code, all other applicable law, and the following: Contract No. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 29 Page 87 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 30 Page 88 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 31 Page 89 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 32 Page 90 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 33 Page 91 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 134 Page 92 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 35 Page 93 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 36 Page 94 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 37 Page 95 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 38 Page 96 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. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 39 Page 97 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 CITY OF COLLEGE STATION By: 61(4 elt,U/i{{ By: City Manager Printed Name: Billy Prewitt Date: Title: Sr. Vice President Date: 9/1 /2026 APPROVED: IkaisL City Attorney Date: 9/1/2026 Assistant City Manager/CFO Date: 9/1/2026 Contract No. 26300782 Construction Agreement Over $50,000 Form 4-20-23 Page 40 Page 98 of 358 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 26300782 Construction Agreement Over $50,000 Form 04-20-2023 Page 99 of 358 "General Decision Number: TX20260291 05/18/2026 State: Texas Construction Types: Highway Counties: Texas Counties of Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Modification Number Publication Date 0 01/02/2026 1 05/18/2026 SATX2025-004 11/15/2023 Rates Fringes WORK ZONE BARRICADE SERVICER $ 17.75 0.00 WELDER $ 23.38 0.00 TRUCK DRIVER, TANDEM AXLE TRACTOR WITH SEMI TRAILER$ 21.71 0.00 TRUCK DRIVER, SINGLE OR TANDEM AXLE DUMP TRUCK $ 20.91 0.00 TRUCK DRIVER, SINGLE AXLE $ 19.70 0.00 TRUCK DRIVER LOWBOY FLOAT $ 25.96 0.00 TRAFFIC SIGNAL/LIGHT POLE WORKER $ 21.99 0.00 SPREADER BOX OPERATOR $ 19.31 0.00 SIGN ERECTOR $ 17.52 0.00 SERVICER $ 23.75 0.00 SCRAPER OPERATOR $ 17.52 0.00 ROLLER OPERATOR, OTHER $ 17.52 0.00 ROLLER OPERATOR, ASPHALT $ 20.24 0.00 REINFORCING STEEL WORKER $ 22.46 0.00 RECLAIMER/PULVERIZER OPERATOR $ 19.05 0.00 PIPELAYER $ 19.23 0.00 PAVEMENT MARKING MACHINE OPERATOR $ 22.00 0.00 PAINTER, STRUCTURES $ 23.76 0.00 OFF ROAD HAULER $ 17.52 0.00 MOTOR GRADER OPERATOR, ROUGH $ 22.95 0.00 MOTOR GRADER OPERATOR, FINE GRADE $ 26.56 0.00 MILLING MACHINE OPERATOR $ 21.73 0.00 MECHANIC $ 26.15 0.00 LOADER/BACKHOE OPERATOR $ 20.32 0.00 LABORER, UTILITY $ 19.05 0.00 LABORER, COMMON $ 17.52 0.00 FRONT END LOADER OPERATOR, OVER 3 CY $ 20.20 0.00 FRONT END LOADER OPERATOR, 3 CY OR LESS $ 20.33 0.00 FOUNDATION DRILL OPERATOR, TRUCK MOUNTED $ 24.28 0.00 FORM SETTER, PAVING & CURB $ 19.18 0.00 FORM BUILDER/SETTER, STRUCTURES $ 20.63 0.00 FLAGGER $ 15.52 0.00 EXCAVATOR OPERATOR, OVER 50,000 POUNDS $ 22.90 0.00 EXCAVATOR OPERATOR, 50,000 POUNDS OR LESS $ 22.93 0.00 ELECTRICIAN $ 30.54 0.00 Page 100 of 358 DIRECTIONAL DRILLING OPERATOR $ 25.19 0.00 DIRECTIONAL DRILLING LOCATOR $ 21.39 0.00 CRAWLER TRACTOR OPERATOR $ 20.92 0.00 CRANE OPERATOR, LATTICE BOOM OVER 80 TONS $ 28.87 0.00 CRANE OPERATOR, LATTICE BOOM 80 TONS OR LESS $ 26.47 0.00 CRANE OPERATOR, HYDRAULIC 80 TONS OR LESS $ 29.24 0.00 CONCRETE SAW OPERATOR $ 25.97 0.00 CONCRETE PAVEMENT FINISHING MACHINE OPERATOR $ 22.81 0.00 CONCRETE FINISHER, PAVING AND STRUCTURES $ 20.61 0.00 BROOM OR SWEEPER OPERATOR $ 18.09 0.00 BOOM TRUCK OPERATOR $ 27.82 0.00 ASPHALT RAKER $ 19.40 0.00 ASPHALT PAVING MACHINE OPERATOR $ 22.12 0.00 ASPHALT DISTRIBUTOR OPERATOR $ 24.07 0.00 AGRICULTURAL TRACTOR OPERATOR $ 19.14 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Note: Executive Order 13658 generally applies to contracts subject to the Davis -Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis -Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular Page 101 of 358 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., AUAVGA, •SA., or ,SC, denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ,SU, identifier indicates that either a single non -union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non -union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ,SU, wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The *SA. identifier indicates that the classifications and Page 102 of 358 prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the •SA, identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: 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 103 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. 26300782 Construction Agreement Over $50,000 Form 04-20-2023 Page 104 of 358 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 26300782 Construction Agreement Over $50,000 Form 04-20-2023 Page 105 of 358 THE STATE OF TEXAS THE COUNTY OF BRAZOS THAT WE, PERFORMANCE BOND Bond No. B-3307241 KNOW ALL MEN BY THESE PRESENTS: Brazos Paving, Inc , as Principal, hereinafter called "Contractor" and the other subscriber hereto The Cincinnati Casualty Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of One Hundred Seventv-Two Thousand. Forty and NO /100 Dollars ($172,040.00 ) 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 ITB 26-087 McCullough Neighborhood Traffic Calming Improvements 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. 26300782 Construction Agreement Over $50,000 Form 04-20-2023 Page 106 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. 26300782 Construction Agreement Over $50,000 Form 04-20-2023 Page 107 of 358 Bond No. B-3307241 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) BRAZOS PAVING, INC. By: By: Name: `,\\..' Name: nt Title: . \J . , Title: Date: September 10, 2026 Date: September 10, 2026 FOR THE SURETY: ATTEST/WITNESS (SEAL) The Cincinnati Casualty Company (Full Name of Surety) BY: kit `'1 ' LaJ' 1ftq i,{ ' Name: Lisa Marroquin Title: Attorney -in -Fact Date: September 10, 2026 FOR THE CITY: REVIEWED: O lA, Q. A-aist City Attorney 9/1/2026 6200 South Gilmore Road Fairfield, OH 45014-5141 (Address of Surety for Notice) By: Name: Stephanie Lucien Title: Attorney -in -Fact Date: September 10, 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. 26300782 Construction Agreement Over $50,000 Form 04-20-2023 Page 108 of 358 THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY Fairfield, Ohio POWER OF AUTHORITY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY COMPANY, corporations organized under the laws of the State of Ohio, and having their principal offices in the City of Fairfield, Ohio (herein collectively called the Companies, do hereby constitute and appoint Vladimir Chemadurov; Rob Eppers; Michelle McCall; Russell Gourgues; Lauren Wood; Randi Meche; Lisa Marroquin; Mike Chatelain; Stephanie Lucien and/or Maria Pallares of Houston, Texas their true and legal Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and deliver on behalf of the Companies as Surety, any and all bonds, policies, undertakings or other like instruments as follows: Any such obligations in the United States, up to Fifty Million and No/100 Dollars ($50,000,000.00). This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of the Cincinnati Insurance Company and The Cincinnati Casualty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that any Senior Vice President or Vice President be hereby authorized, and empowered to appoint Attorneys -in -Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in -Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. RESOLVED, that the signature of any Senior Vice President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Vice -President and the Seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS WHEREOF, the Companies have caused these present to be sealed with their corporate seals, duly attested by any Senior Vice President or Vice President this 27th day of July, 2026. STATE OF OHIO )SS: COUNTY OF BUTLER THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY ceid On this 27th day of July, 2026 before me came the above named Senior Vice President or Vice President of the Cincinnati Insurance Company and the Cincinnati Casualty Company, to me personally known to be the officer described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporations. .•, tAI spy. °,* AIL!//ice vr'� J�'•.' .O ..... .O F at P J./Richard Brown, Attorney at Law otary Public — State of Ohio My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Assistant Vice -President of The Cincinnati Insurance Company and The Cincinnati Casualty Company, hereby certify that the above is the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Power of Attorney is still in full force and effect. Given under my hand seal of said Companies at Fairfield, Ohio, this 10th day of September , 2026 BN-1457 (07/26) Page 109 of 358 THE STATE OF TEXAS THE COUNTY OF BRAZOS THAT WE, TEXAS STATUTORY PAYMENT BOND Bond No. B-3307241 KNOW ALL MEN BY THESE PRESENTS: Brazos Paving, Inc , as Principal, hereinafter called "Principal" and the other subscriber hereto The Cincinnati Casualty Company , a corporation organized and existing under the laws of the State of Ohio , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of One Hundred Seventv-Two Thousand. Forty and NO /100 Dollars ($ 172,040.00 ) 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: 10th WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the day of September , 20 26 , for As described in ITB 26-087 McCullough Neishborhood Traffic Calmine Improvements 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. 26300782 Construction Agreement Over S50,000 Form 04-20-2023 Page 110 of 358 Bond No. B-3307241 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) BRAZOS PAVING, INC. By. J By: Name: ----;>:\\--1 r--e.....-_t---t- Name: MPer 4:N sea Title: Sr • V •‘ . Title:--,,eg: cL1,1.4 Date: September 10, 202A Date: September 10. 2026 FOR THE SURETY: ATTEST/WITNESS (SEAL) By: Al(ALNU1511(51I,.L1J Name: Lisa Marroquin Title: Attorney -in -Fact Date: September 10, 2026 FOR THE CITY: REVIEWED: ,jduA, Q. A-cu5ta City Attorney 9/1/2026 The Cincinnati Casualty Company (Full Name of Surety) 6200 South Gilmore Road Fairfield, OH 45014-5141 (Address of Surety for Notice) By: Name: Stephanie Lucien Title: Attorney -in -Fact Date: September 10, 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. 26300782 Construction Agreement Over $50,000 Form 04-20-2023 Page 111 of 358 THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY Fairfield, Ohio POWER OF AUTHORITY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY COMPANY, corporations organized under the laws of the State of Ohio, and having their principal offices in the City of Fairfield, Ohio (herein collectively called the Companies, do hereby constitute and appoint Vladimir Chemadurov; Rob Eppers; Michelle McCall; Russell Gourgues; Lauren Wood; Randi Meche; Lisa Marroquin; Mike Chatelain; Stephanie Lucien and/or Maria Pallares of Houston, Texas their true and legal Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and deliver on behalf of the Companies as Surety, any and all bonds, policies, undertakings or other like instruments as follows: Any such obligations in the United States, up to Fifty Million and No/100 Dollars ($50,000,000.00). This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of the Cincinnati Insurance Company and The Cincinnati Casualty Company, whichresolutions are now in full force and effect, reading as follows: RESOLVED, that any Senior Vice President or Vice President be hereby authorized, and empowered to appoint Attorneys -in -Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in -Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. RESOLVED, that the signature of any Senior Vice President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Vice -President and the Seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company.; Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS WHEREOF, the Companies have caused these present to be sealed with their corporate seals, duly attested by any Senior Vice President or Vice President this 27th day of July, 2026. THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY STATE OF OHIO )SS: COUNTY OF BUTLER ) On this 27th day of July, 2026 before me came the above named Senior Vice President or Vice President of the Cincinnati Insurance Company and the Cincinnati Casualty Company, to me personally known to be the officer described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporations. ichard Brown, Attorney at Law otary Public — State of Ohio My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Assistant Vice -President of The Cincinnati Insurance Company and The Cincinnati Casualty Company, hereby certify that the above is the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Power of Attorney is still in full force and effect. Given under my hand seal of said Companies at Fairfield, Ohio, this 10th day of September , 2026 BN-1457 (07/26) Page 112 of 358 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call our toll -free telephone number for information or to make a complaint at: 1-800-635-7521 You may also write to us at: The Cincinnati Insurance Companies 6200 South Gilmore Road Fairfield, Ohio 45014 - 5141 or The Cincinnati Insurance Companies P.O. Box 145496 Cincinnati, Ohio 45250-5496 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact 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. IA 4332 TX 11 09 Page 113 of 358 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 26300782 Construction Agreement Over $50,000 Form 04-20-2023 Page 114 of 358 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/18/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC 2929 Allen Parkway Suite 2500 Houston TX 77019 INSURED Brazos Paving, Inc. BPI Materials, LLC PO Box 714 Bryan TX 77806 COVERAGES CONTACT NAME: Kelly M. Bell PHONE (A/C. No. Ext): 713-780-6632 E-MAIL ADDRESS: Kelly.M.Bell@MarshMMA.com FAX (A/C, No): INSURER(S) AFFORDING COVERAGE INSURERA: National Union Fire Ins Co PittsburghPA INSURER B : New Hampshire Insurance Company INSURER C : Hanover Insurance Company I INSURER D : I INSURER E : I INSURER F : CERTIFICATE NUMBER: 2125188669 REVISION NUMBER: BRAZOPAV I N NAIC # 19445 23841 22292 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 3960905 3/1/2026 3/1/2027 EACH OCCURRENCE CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT X LOC OTHER: A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY UMBRELLA LIAB EXCESS LIAB DED RETENT ON $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below C Contractors Equipment OCCUR CLAIMS -MADE Y/N N N/A 6401559 WC067960974 RHDJ88996402 3/1/2026 3/1/2027 3/1/2026 3/1/2027 3/1/2026 3/1/2027 DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE $ 5,000,000 $ 300,000 $ 25,000 $ 5,000,000 $ 10,000,000 $ 10,000,000 $ 5,000,000 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 Scheduled $3,085,368 Newly Acquired $1,000,000 Leased/Rented $600,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Automobile Liability policies include automatic Additional Insured endorsements that provides additional insured status only where such status is required by a written contract. Coverage for the Additional Insured under the General Liability and Automobile Liability policies is Primary and Non-contributory only where required by written contract. Additional Insured under the General Liability includes ongoing and completed operations, each, if required by written contract. The General Liability, Automobile Liability, Workers' Compensation policies include a Blanket Waiver of Subrogation endorsement in favor of certificate where such status is required by a written contract. The Excess Liability policy is follow form for the additional insured and waiver of subrogation only where required by written contract. 30 Day Notice of Cancellation included if required by written contract. Re: ITB 26-087 McCullough Neighborhood Traffic Calming Improvements Additional Insureds - The City of College Station, its agents, officials, employees and volunteers - applies per the Blanket Additional Insured endorsement which grants additional insured status only where such status is required by a written contract. CERTIFICATE HOLDER CANCELLATION City of College Station 1101 Texas Ave. 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 REP ESENTATIVE _Brett Herrington © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 115 of 358 POLICY NUMBER: GL 3960905 Effective: 3/01/2026 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Number of Days' Notice 90 SCHEDULE CG 02 2410 93 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 24 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Page 116 of 358 POLICY NUMBER: GL 3960905 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 3/01/2026 CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY — OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG20011219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 117 of 358 ENDORSEMENT This endorsement, effective 12:01 A.M 3/01/2026 forms a part of policy No. GL 396-09-05 issued to BRAZOS PAVING, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: Any person or organization whom you become obligated to include as an additional insured as a result of any contract or agreement you have entered into that requires use of 97838 04/08 or its equivalent. Location and Description of Completed Operations: Per the written contract or agreement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION II -WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the schedule, but only with respect to liability arising out of your ongoing operations performed for that additional insured. B. With respect to the insurance afforded to these additional insureds, SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or, (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain unchanged. Authorized Representative 97838 (4/08) Page 1 of 1 Page 118 of 358 ENDORSEMENT This endorsement, effective 12:01 A.M. 3/01/2026 forms a part of policy No. GL 396-09-05 issued to BRAZOS PAVING, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: Any person or organization whom you become obligated to include as an additional insured as a result of any contract or agreement you have entered into that requires use of 97837 04/08 or its equivalent. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Per the written contract or agreement ADDITIONAL PREMIUM: (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) SECTION II - WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". All other terms and conditions remain unchanged. iesvim(-5441,4 Authorized Representative 97837 (4/08) Page 1 of 1 Page 119 of 358 POLICY NUMBER: GL 3960905 COMMERCIAL GENERAL LIABILITY 3/01/2026 CG 20 11 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): ANY PREMISES OR PART THEREOF LEASED TO YOU. Name Of Person(s) Or Organization(s) (Additional Insured): ANY PERSON OR ORGANIZATION FROM WHOM YOU LEASE PREMISES OR WHO MANAGES PREMISES YOU OWN AND TO WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED UNDER THIS POLICY AS A RESULT OF ANY LEASE OR MANAGEMENT AGREEMENT YOU ENTER INTO WITH SUCH PARTIES. Additional Premium: $ INCLUDED 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 you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 11 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 120 of 358 POLICY NUMBER: GL 3960905 COMMERCIAL GENERAL LIABILITY 3/01/2026 CG20151219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VENDORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) (Vendor) VENDORS WHO SELL OR DISTRIBUTE YOUR ALL PRODUCTS PRODUCTS. Your Products 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 any person(s) or organization(s) (referred to throughout this endorsement as vendor) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" shown in the Schedule of this endorsement which are distributed or sold in the regular course of the vendor's business. However: 1. The insurance afforded to such vendor only applies to the extent permitted by law; and 2. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1. The insurance afforded the vendor does not apply 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. c. d. e. f. g• Any express warranty unauthorized by you; Any physical or chemical change in the product made intentionally by the vendor; 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; 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 the products; Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 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; or CG20151219 © Insurance Services Office, Inc., 2018 Page 1 of 2 Page 121 of 358 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. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. C. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 15 12 19 Page 122 of 358 POLICY NUMBER: GL 3960905 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 3/01/2026 CG 20 18 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name(s) Of Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION CONTRACTUALLY REQUIRING STATUS AS AN ADDITIONAL INSURED STATUS AS THE MORTGAGEE, ASSIGNEE, OR RECEIVER. Designation Of Premises ANY PREMISES OR PART THEREOF LEASED TO YOU 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 their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of the premises by you and shown in the Schedule. 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. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 18 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 123 of 358 POLICY NUMBER: GL 3960905 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 3/01/2026 CG 20 28 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION CONTRACTUALLY REQUIRING ADDITIONAL INSURED STATUS AS A LESSOR UNDER THE TERMS OF AN EQUIPMENT LEASING CONTRACT YOU ENTER INTO WITH SUCH PERSON OR ORGANIZATION. 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 maintenance, operation or use of equipment leased to you by such person(s) or organization(s). 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, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 28 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 124 of 358 POLICY NUMBER: GL 3960905 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 3/01/2026 CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name of Person(s) Or Organization(s): PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 125 of 358 This endorsement, effective 12:01 A.M. 3/01/2026 forms a part of Policy No. CA 6401559 issued to Brazos Paving, Inc. by: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 3 0 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. 107414 (03/11) Page 1 Page 126 of 358 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT This endorsement, effective 12:01 A.M. 3/01/2026 forms a part of Policy No. CA 6401559 issued to Brazos Paving, Inc. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: "Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person or organizations liability arising out of the use of a covered "auto". I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. — Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 87950 (09/14) Page 127 of 358 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT This endorsement, effective 12:01 A.M. 3/01/2026 forms a part of Policy No. CA 6401559 issued to Brazos Paving, Inc. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. AUTHORIZED REPRESENTATIVE 62897 (6/95) Page 128 of 358 POLICY NUMBER: CA 6401559 COMMERCIAL AUTO EFFECTIVE: 3/01/2026 CA 20 01 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Brazos Paving, Inc. Endorsement Effective Date: 3/01/2026 SCHEDULE Insurance Company: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Policy Number: CA 6401559 Expiration Date: 3/01/2027 Named Insured: Brazos Paving, Inc. Address: 7601 W State Hwy 21 Bryan, TX 77807 Additional Insured (Lessor): Address: Effective Date: 3/01/2026 Designation Or Description Of "Leased Autos": ALL "AUTOS" UNDER A LEASING OR RENTAL AGREEMENT BETWEEN THE "INSURED" AND THE LESSOR LISTED ABOVE AS THE ADDITIONAL INSURED THAT REQUIRES DIRECT PRIMARY INSURANCE. CA 20 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 Page 129 of 358 Coverages Covered Autos Liability $ 2,000,000 Actual Cash Value Or Cost Of Comprehensive $ 250 Actual Cash Value Or Cost Of Collision $ 500 Actual Cash Value Or Cost Of Specified Causes Of Loss $ Limit Of Insurance Each "Accident" Repair, Whichever Is Less, Minus Deductible For Each Covered "Leased Auto Repair, Whichever Is Less, Minus Deductible For Each Covered "Leased Auto Repair, Whichever Is Less, Minus Deductible For Each Covered "Leased Auto Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, the Who Is An Insured provision under Covered Autos Liability Coverage is changed to include as an "insured" the lessor named in the Schedule. However, the lessor 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. 3. The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "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. Page 2 of 2 © Insurance Services Office, Inc., 2011 CA20011013 Page 130 of 358 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following " attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 3/01/2026 forms a part of Policy No. WC 067960974 Issued to Brazos Paving, Inc. By New Hampshire Insurance Company LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy s expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the " Certificate Holder(s)" ) and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy s cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice" ) via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. Page 131 of 358 AUTHORIZED REPRESENTATIVE Page 132 of 358 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 3/01/2026 Issued to Brazos Paving, Inc. By New Hampshire Insurance Company forms a part of Policy No. WC067960974 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: WC 42 03 04 B (Ed. 6-14) Countersigned by Authorized Representative Page 133 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. Contract No. 26300782 Construction Agreement Over $50,000 Form 04-20-2023 Page 134 of 358 EXHIBIT E CONSTRUCTION SCHEDULE Contractor shall begin work upon issuance of Notice to Proceed by the City and shall complete all Work under the Contract no later than (60) days from issuance of the City's NTP. Contract No. 26300782 Construction Agreement Over $50,000 Form 04-20-2023 Page 135 of 358 EXHIBIT F SCHEDULE OF VALUES Contract No. 26300782 Construction Agreement Over $50,000 Form 04-20-2023 Page 136 of 358 Date: 08/13/2026 PROPOSAL FROM: Brazos Paving, Inc. PROPOSAL TO: City Of College Station 1 101 Texas Ave. College Station, TX 77842 The Undersigned proposes to furnish all labor, services, materials, tools and necessary equipment for the construction of the McCuIlough Neighborhood Traffic Calming Improvements Project and to perform the work required for the construction of said Jones Butler Extension & Roundabout at the location set out by the Plans and Specifications, in strict accordance with the Contract Documents. Please type or write legibly in blue or black ink. A unit price is required for all bid items. If there are discrepancies between unit prices and totals, the unit price will prevail. Please initial all corrections and do not round totals. In submitting this Proposal, it is understood that this Proposal may not be altered or withdrawn for ninety (90) days, and that the Owner has reserved the right to reject any and all Proposals. The Undersigned certifies that this Proposal is made in good faith, without collusion or connection with any other person, persons, partnership, company, firm, association, or corporation offering Proposals on this work, for the following sum or prices to wit: BASE PROPOSAL: Stipulated Total Bid of: ($ 412. , 040. c,o CALENDAR DAYS: Total number of calendar days to substantial completion is 60 days. RECEIPT OF ADDENDA I hereby acknowledge receipt of the following Addenda: None CONTRACTOR NAME: Brazos Paving, Inc. Billy Prewitt CONTRACTOR SIGNATURE: n Page 137 of 358 City of College Station ITB 26-087 Bid Opening Thursday, August 13, 2026 @ 2:00 p.m. CST ITEM NO. DESCRIPTION QTY UNIT BID PRICE TOTAL COST A. GENERAL CONSTRUCTION ITEMS 1 Mobilization 2 Traffic Control 3 Erosion and Sediment Control 1 LS 1 LS 1 LS $6,850.00 $5,000.00 $1,000.00 $6,850.00 $5,000.00 $1,000.00 Sub -total B. Arizona $12,850.00 W17-1 SPEED HUMP (30" X 30") & W16-4P NEXT 800 FT (24" X 30") on 2-3/8" galvanized steel post (powder -coated bronze). Wedge base anchor system. Recycled rubber interlocking speed cushions (7' X 6' X 3") whole assembly 2 EA 4 EA $975.00 $1,950.00 $7,100.00 $28,400.00 Sub -total) $30,350.00 C. Phoenix W17-1 SPEED HUMP (30" X 30") & W16-4P NEXT 800 FT (24" X 30") on 2-3/8" galvanized steel post (powder -coated 2 EA bronze). Wedge base anchor system. W17-1 SPEED HUMP (30" X 30") on 2-3/8" galvanized steel post (powder -coated bronze). Wedge base anchor system. 2 EA Recycled rubber interlocking speed cushions (7' X 6' X 3") whole assembly 3 EA $975.00 $1,950.00 $915.00 $1,830.00 $7,100.00 $21,300.00 Sub-totalI $25,080.00 D. Carolina W17-1 SPEED HUMP (30" X 30") & W16-4P NEXT 800 FT (24" X 30") on 2-3/8" galvanized steel post (powder -coated 2 EA bronze). Wedge base anchor system. W17-1 SPEED HUMP (30" X 30") on 2-3/8" galvanized steel post (powder -coated bronze). Wedge base anchor system. 2 EA Recycled rubber interlocking speed cushions (7' X 6' X 3") whole assembly $975.00 $915.00 3 EA $7,100.00 Sub -total E.Detroit W17-1 SPEED HUMP (30" X 30") & W16-4P NEXT 800 FT (24" X 30") on 2-3/8" galvanized steel post (powder -coated 2 EA bronze). Wedge base anchor system. W17-1 SPEED HUMP (30" X 30") on 2-3/8" galvanized steel post (powder -coated bronze). Wedge base anchor system. 2 EA Recycled rubber interlocking speed cushions (7' X 6' X 3") whole assembly $975.00 $915.00 3 EA $7,100.00 Sub -total $1,950.00 $1,830.00 $21,300.00 $25,080.00 $1,950.00 $1,830.00 $21,300.00 $25,080.00 Page 138 of 358 City of College Station ITB 26-087 Bid Opening Thursday, August 13, 2026 @ 2:00 p.m. CST ITEM NO. DESCRIPTION QTY UNIT BID PRICE TOTAL COST F. Georgia W17-1 SPEED HUMP (30" X 30") & W16-4P NEXT 800 FT (24" X 30") on 2-3/8" galvanized steel post (powder -coated bronze). Wedge base anchor system. Recycled rubber interlocking speed cushions (7' X 6' X 3") whole assembly 2 EA 4 EA $975.00 $7,100.00 $1,950.00 $28,400.00 Sub -total) $30,350.00 G. Nevada W17-1 SPEED HUMP (30" X 30") & W16-4P NEXT 500 FT (24" X 30") on 2-3/8" galvanized steel post (powder -coated bronze). Wedge base anchor system. Recycled rubber interlocking speed cushions (7' X 6' X 3") whole assembly 2 EA 3 EA $975.00 $1,950.00 $7,100.00 $21,300.00 TOTAL BASE BID AMOUNT (Subtotals A + B + C +D + E + F+G) Number of days for completion Sub -total) $23,250.00 $172,040.00 60 days from Notice to Proceed Page 139 of 358 LEGEND: NOTES: SPEED CUSHION (SEE DETAIL) "SPEED HUMP" WARNING SIGN 100 200 Feet 1. SIGN POSTS SHALL BE ROUND, POWDER -COATED BRONZE. BRONZE -PAINTED POLES ARE NOT PERMITTED. 2. POSTS SHALL BE 2-3/8 INCHES O.D. WITH "WEDGE ANCHOR STEEL (WS)" ANCHOR TYPE. 3. LATERAL OFFSET OF SIGN FROM FACE OF CURB TO BE 2 FEET. MOUNTING HEIGHT FROM GROUND TO BOTTOM OF SIGN TO BE 7 FEET. 4. SIGN PANEL ATTACHMENT SHALL CONFORM TO TYPICAL SIGN ATTACHMENT DETAIL IN TXDOT STANDARD SMD(GEN)-08, EXCEPT NYLON WASHERS SHALL NOT BE USED. PROVIDE GALVANIZED FLAT WASHER DIRECTLY AGAINST THE SIGN FACE. TORQUE NUTS SUFFICIENTLY TO SEAT THE SIGN FIRMLY WITHOUT DEFORMING THE PANEL. 5. LOCATION FOR SIGN AND SPEED CUSHIONS SHALL BE COORDINATED WITH THE CITY OF COLLEGE STATION TRAFFIC ENGINEERING DIVISION. SPEED CUSHION DETAIL: 72" — 24" IV — 24" — — 101 26' (TYP) 7' SCHEDULE ITEM SIZE QUANTITY W17-1 "SPEED HUMP" 30" X 30" 18 W16-4P "NEXT 800 FT" 24" X 30" W16-4P "NEXT 500 FT" 24" X 30" Traffic Logix Speed Cushions 7' X 6' X 3" 10 2 20 J U N E 2026 NEIGHBORHOOD McCULLOUGH OVERALL TRAFFIC CALMING COLLEGE STATION, TX SHEET 1 Page 140 of 358 LEGEND: 0 100 SPEED CUSHION (SEE DETAIL) "SPEED HUMP" WARNING SIGN 200 Feet A B NEXT 500 FT JUNE 2026 z o. f g I O� U4 w o U ARIZONA ST AND PHOENIX ST NOTES: 1. SIGN POSTS SHALL BE ROUND, POWDER -COATED BRONZE. BRONZE -PAINTED POLES ARE NOT PERMITTED. 2. POSTS SHALL BE 2-3/8 INCHES O.D. WITH "WEDGE ANCHOR STEEL (WS)" ANCHOR TYPE. 3. LATERAL OFFSET OF SIGN FROM FACE OF CURB TO BE 2 FEET. MOUNTING HEIGHT FROM GROUND TO BOTTOM OF SIGN TO BE 7 FEET. 4. SIGN PANEL ATTACHMENT SHALL CONFORM TO TYPICAL SIGN ATTACHMENT DETAIL IN TXDOT STANDARD SMD(GEN)-08, EXCEPT NYLON WASHERS SHALL NOT BE USED. PROVIDE GALVANIZED FLAT WASHER DIRECTLY AGAINST THE SIGN FACE. TORQUE NUTS SUFFICIENTLY TO SEAT THE SIGN FIRMLY WITHOUT DEFORMING THE PANEL. 5. LOCATION FOR SIGN AND SPEED CUSHIONS SHALL BE COORDINATED SHEET 2 WITH THE CITY OF COLLEGE STATION TRAFFIC ENGINEERING DIVISION. Page 141 of 358 LEGEND: 0 100 SPEED CUSHION (SEE DETAIL) "SPEED HUMP" WARNING SIGN 200 Feet B C NEXT 800 FT NEXT 500 FT JUNE 2026 z o. f g I O� U4 w o U CAROLINA ST, DETROIT ST AND GEORGIA ST NOTES: 1. SIGN POSTS SHALL BE ROUND, POWDER -COATED BRONZE. BRONZE -PAINTED POLES ARE NOT PERMITTED. 2. POSTS SHALL BE 2-3/8 INCHES O.D. WITH "WEDGE ANCHOR STEEL (WS)" ANCHOR TYPE. 3. LATERAL OFFSET OF SIGN FROM FACE OF CURB TO BE 2 FEET. MOUNTING HEIGHT FROM GROUND TO BOTTOM OF SIGN TO BE 7 FEET. 4. SIGN PANEL ATTACHMENT SHALL CONFORM TO TYPICAL SIGN ATTACHMENT DETAIL IN TXDOT STANDARD SMD(GEN)-08, EXCEPT NYLON WASHERS SHALL NOT BE USED. PROVIDE GALVANIZED FLAT WASHER DIRECTLY AGAINST THE SIGN FACE. TORQUE NUTS SUFFICIENTLY TO SEAT THE SIGN FIRMLY WITHOUT DEFORMING THE PANEL. 5. LOCATION FOR SIGN AND SPEED CUSHIONS SHALL BE COORDINATED SHEET 3 WITH THE CITY OF COLLEGE STATION TRAFFIC ENGINEERING DIVISION. Page 142 of 358 September 10, 2026 Item No. 7.5. Texan Waste Services, Inc. Franchise Agreement Ordinance - Second Reading Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the second reading of a franchise agreement ordinance with Texan Waste Services, Inc. for the collection of recyclables from commercial businesses and multi -family locations. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of this franchise agreement ordinance. Summary: This item is an ordinance granting Texan Waste Services, Inc. a non-exclusive franchise for the use of public streets, alleys, and public rights -of -ways within the city for the purpose of providing collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multi -family sites. This franchise agreement allows Texan Waste Services, Inc. to collect and haul recyclables and construction and demolition debris from commercial, industrial, and multi -family sites. This standard agreement sets the franchise fee based on the contractors' monthly gross revenues, delivery revenues, and hauling revenues, as well as the percentage of aggregate recycling and composting. Contractors must provide the total number of customers and total tons land filled quarterly but are not required to disclose specific sites that are utilizing recycling services. The term of this agreement is five years. Counting Texan Waste Services, Inc., the city has a total of 21 franchised haulers. This list can be found on the city's website under Public Works. Budget & Financial Summary: N/A Attachments: 1. 26300751--BMW (CC 8.27.26 & 9.10.26) Page 143 of 358 (frif,,,,,„,,, CONTRACT & AGREEMENT ROUTING FORM CITY OF COLLEGE STATION CONTRACT#: 26300751 PROJECT#: N/A BID/RFP/RFQ#: N/A Home of Texas A6M University' Project Name / Contract Description: Recyclable Waste Franchise Agreement Name of Contractor: CONTRACT TOTAL VALUE: Debarment Check Section 3 Plan Incl. ■ NEW CONTRACT Yes Yes Texan Waste Services, Inc. $ N/A No No N/A N/A RENEWAL # N/A Grant Funded Yes No If yes, what is the grant number: 1 Davis Bacon Wages Used Buy America Required Transparency Report Yes Yes Yes No No No N/A N/A N/A CHANGE ORDER # N/A ❑� OTHER N/A BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: N/A Council Approval Date*: 8/27 & 9/10/26 Agenda Item No*: TBD --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: OR/ Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL 8/10/2026 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO LEGAL DEPARTMENT APPROVED & EXECUTED DATE DATE DATE CITY MANAGER DATE MAYOR (if applicable) DATE CITY SECRETARY (if applicable) DATE Original(s) sent to CSO on Scanned into Laserflche on Original(s) sent to Fiscal on Page 144 of 358 ORDINANCE NO. WASTE COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, TEXAN WASTE SERVICES, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC RIGHTS OF WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION ("CITY") FOR THE PURPOSE OF PROVIDING COLLECTION OF DEMOLITION AND CONSTRUCTION DEBRIS, RECYCABLES, AND ORGANIC WASTE FROM COMMERCIAL, INDUSTRIAL, AND MULTI -FAMILY SITES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclables; and WHEREAS, the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection of Solid Waste and Recyclables generated within the City limits; and WHEREAS, the City of College Station desires to exercise the Charter's authority and grant a non-exclusive franchise to Contractor for collection of demolition and construction debris and other waste for disposal using roll off containers, and recyclable materials, and organic waste from multifamily and commercial locations for the purpose of recycling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 1 of 16 Page 145 of 358 Table of Contents Article I. Definitions 3 Article II. Grant of Authority and Acceptance 4 Article III. Payment and Term 4 Article IV. Access to Records & Reporting 6 Article V. Rates to be Charged by Contractor 6 Article VI. Appearance of Personnel and Equipment 6 Article VII. Collection and Transport of Recyclables 7 Article VIII. Placement of Receptacles 7 Article IX. Service Complaints 7 Article X. Disposal and Processing 8 Article XI. Violation and Penalty 8 Article XII. Insurance 8 Article XIII. Indemnification and Release 9 Article XIV. Disputes and Mediation 9 Article XV. General Terms 10 Exhibit A. Schedule of Rates 13 Exhibit B. Insurance Requirements 14 I) Standard Insurance Policies Required: 14 II) General Requirements Applicable to All Policies: 14 III) Commercial General Liability 14 IV) Business Automobile Liability 15 V) Workers' Compensation Insurance 15 Exhibit C. Certificates of Insurance 16 Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 2 of 16 Page 146 of 358 ARTICLE I. DEFINITIONS 1.1 Agreement means this Franchise Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclables within the City limits. 1.2 Approved Customers means those designated premises located within the City that generate Recyclables. 1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) means the permitted municipal solid waste landfill and compost facility owned and operated by a Texas local government corporation. 1.4 City Council or Council means the governing body of the City of College Station, Texas. 1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation. 1.6 City's Representative means the Recycling & Environmental Compliance Manager or the Manager's designated appointee. 1.7 Collection means the scheduled aggregation of Recyclables by Contractor. 1.8 Construction and Demolition Debris means buildings material waste resulting from demolition, remodeling, repairs, or construction, as well as materials discarded during periodic temporary facility clean-up generated within the City. 1.9 Contaminated means Recyclables mixed with solid waste or altered in a way that results in materials being unrecyclable or un-compostable. 1.10 Contractor means the Contractor franchised for the collection of Recyclables. 1.11 Customers means the locations designated by the City as a Commercial Business or Multifamily Residence. 1.12 Organic Waste means waste of biological origin recovered from the solid waste stream for the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste, unless it is abandoned or disposed of, rather than reprocessed into another product. 1.13 Receptacle means a weatherproof container easily identifiable and designated for recycling or organic waste collection and shall not be made of any temporary materials. 1.14 Recyclables or Recyclable Materials mean materials, including construction and demolition debris recovered from the solid waste stream for the purpose of reuse or reclamation, a substantial portion of which are consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable materials are not solid waste unless they are abandoned or disposed of as garbage rather than reprocessed into another product. Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 3 of 16 Page 147 of 358 1.15 Residue means the materials regularly associated with and attached to Recyclables, as a part of the original packaging or usage of that material that is not recyclable or compostable. 1.16 Roll -Off / Compactor means a container of varying capacity used for Recyclables collection. 1.17 TAC means the Texas Administrative Code now and as amended. 1.18 TCEQ means the Texas Commission on Environmental Quality. ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE 2.1 Non -Exclusive. City grants Contractor a non-exclusive franchise to operate and establish Recyclables collection from designated Customers. Nothing in this Agreement shall be construed as granting an exclusive franchise or right. City grants Contractor passage and rights -of -way on, along, and across City streets, highways, alleys, public places and all other real property for collecting demolition and construction debris, recyclables and organic waste from commercial, industrial, multifamily and residential construction sites for the purpose of disposal and/or recycling within the jurisdictional limits of the City. Contractor is expressly prohibited from collecting any recyclables from completed residences that are covered by the City's residential single stream recycling contract and program. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City's governmental and police powers. 2.2 Acceptance. By accepting this Agreement, Contractor represents it has, by careful examination, satisfied itself as to the nature and location of the services, character, quality, and quantity of services to be performed, the character of the equipment and facilities necessary to fulfill obligations under this Agreement, as well as the general and local conditions and all other matters affecting services performed under this Agreement. 2.3 Option to Market Materials. If City develops services or programs resulting in materials that may be recycled or composted, including but not limited to residential construction sites, multifamily, or commercial recycling or composting, the City shall have the option to market those to any contractor. 2.4 Contract with City. If City and Contractor contract for the collection and recycling or composting of materials, those terms will be incorporated into this Agreement by amendment. ARTICLE III. PAYMENT AND TERM 3.1 Franchise Fee. For and in consideration of the grant of the franchise herein, Contractor agrees and will pay a Franchise Fee during the term of this Agreement, a sum based on Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 4 of 16 Page 148 of 358 the following graduated fee schedule depending on the percentage of aggregate recycling or composting accomplished: a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least sixty percent (60%) of Recyclables collected. b. A fee is required, equivalent to six and one half percent (6.5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least fifty-five percent (55%) but less than sixty percent (60%) of Recyclables collected. c. A fee is required, equivalent to eight percent (8%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting less than fifty-five percent (55%) of Recyclables collected. 3.2 Payments. Revenue received by Contractor from this Agreement is subject to the Franchise Fee and shall be computed into Contractor's monthly gross revenues, delivery revenues, hauling revenues, and rates, as described in Exhibit A. Payment will be paid quarterly to the City, and shall be due by the twentieth (20th) day of the month following the end of the previous calendar quarter. Payment after that date shall incur a ten percent (10%) late fee on the outstanding account balance under Article V. 3.3 Failure to Pay. Failure by Contractor to pay any amount due under this franchise constitutes a Failure to Perform under this contract and is subject to the provisions of Article XV. General Terms of this Agreement (Termination for Cause). 3.4 Franchise Fee Requirements. Payments must state on a form approved by the City: a. The number and type of Customers collected from, for the previous quarter, for Customers included in this Agreement. b. The total tons landfilled, recycled or composted, within the jurisdictional limits of the City, for the previous quarter. c. The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d. The total payment amount. 3.5 Term. The term of this Agreement shall be for a period of five (5) years, beginning on the date of acceptance and approval by City Council. Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 5 of 16 Page 149 of 358 ARTICLE IV. ACCESS TO RECORDS & REPORTING 4.1 Facilities. The City shall have the right to inspect the Contractor's facilities, equipment, personnel, and operations to ensure compliance with this Agreement. 4.2 Records. The City shall have the right to inspect Contractor's records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of Recyclables collected, processed, and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. 4.3 Records Retention. Contractor shall retain all records associated with this Agreement for a period of four (4) years. City shall have access to information regarding Contractor's markets and prices paid for each type of material's return/cost; all information obtained by City marked confidential or proprietary shall remain confidential or proprietary pursuant to the Texas Open Records Act. 4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report, on a form approved by the City, summarizing the previous month's collection. This report is due to the City's Representative no later than the twentieth (20th) calendar day of each month. Contractor's report shall include the following information: a. The Customer collection count, itemized by customer type. b. Total tonnage of materials collected, recycled, composted and/or landfilled, itemized by type of material, within the jurisdictional limits of the City. c. Any other information concerning the collections as required by the City's Representative. ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR 5.1 The Contractor shall follow the Schedule of Rates attached hereto as Exhibit A for the services described herein. The rates provided shall be kept current and made available to the City's Representative within thirty (30) days of an adopted rate change. The Contractor agrees to use due diligence to keep costs from increasing. ARTICLE VI. APPEARANCE OF PERSONNEL AND EQUIPMENT 6.1 Equipment. Contractor shall ensure all collection equipment and vehicles are attractively painted, well maintained and are in good working condition. Equipment must be washed at least one time per week. Equipment and vehicles must have sufficient carrying capacity for safe and efficient collection. The City shall have the right to inspect Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 6 of 16 Page 150 of 358 and approve the appearance of collection equipment. A standby vehicle shall be available at all times for collection. 6.2 Signage. Contractor's vehicles shall at all times be clearly labeled with Contractor's name and phone number in visible letters and numbers not less than three (3) inches in height. Signage must be on both sides of the vehicle and placed in a conspicuous place. Only labeled vehicles shall perform collection activities under this Agreement. Contractor's roll -offs, compactors, and receptacles must be clearly marked as used for collection in letters at least twelve inches (12") in height on each side of the container. 6.3 Personnel. All collection personnel shall wear a City -approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work attire. ARTICLE VII. COLLECTION AND TRANSPORT 7.1 Transport. The Contractor shall only transport collected materials for storage, processing, disposal, or other necessary handling to locations in a manner permitted by the terms of this Agreement as well as federal, state, and local law. This Agreement does not authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal solid waste or any other type of waste intended for disposal from any other project. 7.2 Cover. During transport of materials all vehicles shall be covered to prevent release of litter. ARTICLE VIII. PLACEMENT OF RECEPTACLES 8.1 Placement. All roll -offs, compactors, and receptacles placed in service shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall Contractor place roll -offs, compactors, or receptacles on public streets, alleys, or thoroughfares without prior approval of the City's Representative. City reserves the right to designate the exact location of any or all roll -offs, compactors, or containers placed in service in the City. 8.2 City Collection. Collections shall not interfere with the City's collection of municipal solid waste. Under no circumstances shall contractor place roll -offs, compactors, or receptacles in existing enclosures designated for City roll -offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to customer service, property damage, or personal injury from their commercial business and multifamily Recyclables collection service. Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 7 of 16 Page 151 of 358 9.2 Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. 9.3 Response. Contractor shall respond to all complaints within one (1) business day of receiving a complaint from a Customer or notice of complaint from the City. Regardless of the nature of the complaint, Contractor shall report the action taken to the City in accordance with Article IV. Access to Records & Reporting. 9.4 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five (45) day period, Contractor shall be assessed a charge of Three Hundred Dollars ($300.00). Complaints are to be verified by the Contractor and the City's Representative. The City shall invoice the Contractor such charges. ARTICLE X. DISPOSAL AND PROCESSING 10.1 Disposal Site. Unless approved otherwise in writing by the City, Contractor shall utilize BVSWMA, Inc. Landfill for the disposal of all non -recyclable waste material collected by Contractor within the corporate limits of the City. 10.2 Processing Facility. Contractor shall only use a City -approved recycling or composting facility for processing of all Recyclables collected by Contractor within the corporate limits of the City under this Agreement. ARTICLE XI. VIOLATION AND PENALTY Fine. It shall be unlawful for any person, firm or corporation to violate any provision or term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE XII. INSURANCE 12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 12.2 The Contractor's insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are attached in Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 8 of 16 Page 152 of 358 Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. ARTICLE XIII. INDEMNIFICATION AND RELEASE 13.1 Indemnification. Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work and services done by the Contractor under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 13.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work and services to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. ARTICLE XIV. DISPUTES AND MEDIATION 14.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the dispute shall first be referred to the operational officers or representatives designated by the parties having oversight of the Agreement's administration. The officers or representatives shall meet within thirty (30) days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. 14.2 Mediation. If the parties are not able to resolve the dispute under the procedure in this article, then the parties agree the matter shall be referred to non -binding mediation. The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall select the mediator from those mediators remaining on the list. The parties shall pay their own expenses of any mediation and will share the cost of the mediator's services. Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 9 of 16 Page 153 of 358 14.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. ARTICLE XV. GENERAL TERMS 15.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services in a professional manner and be fully qualified and competent to perform those services. 15.2 Termination. a. For Convenience. At any time, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30) days' written notice. City shall be compensated for outstanding Franchise Fees. b. For Cause. City may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) days of City providing Contractor written notice, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time upon which the parties may agree. c. Hearing. This Agreement shall not be terminated except upon a majority vote of the City Council, after giving reasonable notice to Contractor. The Contractor will have an opportunity to be heard, provided if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 15.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 15.4 Amendment. This Agreement may only be amended by written instrument approved and executed by the parties. 15.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes. 15.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 10 of 16 Page 154 of 358 15.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver of deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. 15.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 15.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, and if by limiting that provision, the Agreement may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15.10 Entire Agreement. This Agreement represents the entire agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 15.11 Agree to Terms. The parties' state they have read the terms and conditions of this Agreement and agree to the terms and conditions. Contractor shall evidence its unconditional written acceptance of all the terms and conditions of this Agreement by the execution of this Agreement. 15.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal publication of this Agreement as provided by law, and provided it has been duly accepted by Contractor as herein above provided, this Agreement shall not take effect until sixty (60) days after its adoption on its second and final reading. 15.13 Notice. Any official notice under this Agreement will be sent to the following addresses: City of College Station Attn: Stacy Ewing PO Box 9960 College Station, TX 77842 sewing@cstx.gov Texan Waste Services, Inc. Attn: Brandon Patterson, General Manager 20180 Park Row Blvd. #6450 Katy, TX 77491 bpatterson@texanwasteservices.com 15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Schedule of Rates B. Insurance Requirements C. Certificates of Insurance 15.15 Public Meetings and Readings. This Agreement was passed, adopted and approved according to Texas Government Code Chapter 551. Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 11 of 16 Page 155 of 358 a. First Consideration & Approval on the 27th day of August , 2026. b. Second Consideration & Approval on the loth day of September , 2026. TEXAN WASTE SERVICES, INC CITY OF COLLEGE STATION By: BZa4,,�n. P n By: Mayor Printed Name: Brandon Patterson Title: Owner/Member Date: Date: 8/10/2026 ATTEST: City Secretary Date: APPROVED: City Manager Date: City Attorney Date: Assistant City Manager/CFO Date: Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 12 of 16 Page 156 of 358 EXHIBIT A. SCHEDULE OF RATES Contractor's base rate is 20 yard: $425 for 3 tons, 30 yard: $550 for 4 tons, 40 yard: $675 for 5 tons, each additional ton is $75 per ton. Rental period is 10 days and each day after 10 days will incur a $15 a day rate charge. If the equipment is swapped for a new unit, the 10-day rental period restarts from the date of the exchange. Initial delivery fee: $150 for first initial delivery. Franchise Fee: an 8% City of College Station franchise fee applies to all services performed within city limits and may increase, depending on a variety of conditions, including but not limited to: a. Location of Customer b. Impact on Existing Routes c. Ingress and Egress Capabilities d. Special Requests by Customers e. Frequency of Collections f. Volume of Materials g. Type of Materials h. External Contributing Conditions of Market Costs Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 13 of 16 Page 157 of 358 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: a. Commercial General Liability b. Business Automobile Liability c. Workers' Compensation II. General Requirements Applicable to All Policies: a. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. b. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance -approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. c. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per -occurrence basis only. d. The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. e. The City will not accept "claims made" policies. f. Coverage shall not be suspended, canceled, non -renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability a. General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. c. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000. Limits shall be endorsed to be per project. d. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance e. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 14 of 16 Page 158 of 358 IV. Business Automobile Liability a. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain c. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. d. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page e. The coverage shall include any autos, owned autos, leased or rented autos, non -owned autos, and hired autos. V. Workers' Compensation Insurance a. Workers compensation insurance shall include the following terms: i. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required ii. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy iii. TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY" Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 15 of 16 Page 159 of 358 EXHIBIT C. CERTIFICATES OF INSURANCE Contract No. 26300751 Recyclables Collection Franchise Ordinance Page 16 of 16 Page 160 of 358 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/05/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CAI Insurance Agency, Inc. 2035 Reading Road Cincinnati OH 45202-1415 CONTACT Jennifer Hronek NAME: PHONE (513) 221-1140 A/C No. Extl: -MAIL jhronek@cai-insurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE INSURERA: Trisura Specialty Ins Co INSURED INSURER B : Kinsale Insurance Company INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 26-27 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY Texan Waste Services Inc 5213 & 5205 Dow Rd Houston TX 77040 (A/CFAx, No): () 513 872-7519 CLAIMS -MADE X OCCUR A Y Y MIWBUR21CO27379 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO A - OWNED AUTOS ONLY X HIRED AUTOS ONLY UMBRELLA LIAB B X - EXCESS LIAB DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X X LOC SCHEDULED AUTOS NON -OWNED AUTOS ONLY X OCCUR CLAIMS -MADE Y/N N/A MIWBUR21CO27379 0100447568-0 02/18/2026 02/18/2027 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) 02/18/2026 02/18/2027 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 04/30/2026 02/18/2027 EACH OCCURRENCE AGGREGATE PER STATUTE OTH- 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 is automatic additional insured for general liability when required by signed written contract or agreement. Policy is primary and non-contributory for auto and general liability. CERTIFICATE HOLDER City of College Station PO Box 9960 College Station CANCELLATION NAIC # 16188 38920 1,000,000 50,000 5,000 1,000,000 2,000,000 1,000,000 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 TX 77842 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 161 of 358 AC 0 RD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/06/2026 PRODUCER Hagan Risk Partners 2700 TX-35 Angleton INSURED TX 77515 Texan Waste Services 20180 Park Row Boulevard #6450 Katy TX 77449 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Amy Lozano NAME: PHONE (979) 297-2433 I FAX (A/C No. Extl: I (A/C, No): E-MAIL Amy@haganrp.com ADDRESS: INSURER(S) AFFORDING COVERAGE INSURERA: Texas Mutual INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CL268602553 REVISION NUMBER: NAIC # THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY INSR LTR TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY UMBRELLA LIAB EXCESS LIAB DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below SCHEDULED AUTOS NON -OWNED AUTOS ONLY OCCUR CLAIMS -MADE Y/N N ADDL SUER INSD WVD POLICY NUMBER N/A 0002141574 POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) 02/20/2026 02/20/2027 LIMITS EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) EACH OCCURRENCE $ AGGREGATE $ XIPER STATUTE I I ERH 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) The policy includes a blanket automatic waiver of subrogation that provides this feature only when there is a written contract between the named insured and the certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION City of College Station 1101 Texas Ave College Station ACORD 25 (2025/12) 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 TX 77840 1 Y1 th Ccq.-. ©1988``-2025 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 162 of 358 _eXaSMutual® WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 2/20/26 at 12:01 a.m. standard time, forms a part of: Policy no. 0002141574 of Texas Mutual Insurance Company effective on 2/20/26 Issued to: Texan Waste Services This is not a bill NCCI Carrier Code: 29939 .0)-&66L 41d6 Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650 2/19/26 WC 42 03 04 B Page 163 of 358 exasMutua1® WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE WC 42 06 01 Insured copy This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 2/20/26 at 12:01 a.m. standard time, forms a part of: Policy no. 0002141574 of Texas Mutual Insurance Company effective on 2/20/26 Issued to: Texan Waste Services This is not a bill NCCI Carrier Code: 29939 .0)-&66L4_1d6 Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650 2/19/26 WC 42 06 01 Page 164 of 358 September 10, 2026 Item No. 7.6. FY 2027-2029 Brazos County ILA for Emergency Medical Ambulance Service Sponsor: Richard Mann, Chief of Fire and Emergency Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an ILA with Brazos County for EMS service provided by College Station Fire Department. Relationship to Strategic Goals: 1. Good Governance 2. Core Services Recommendation(s): Staff recommends approval of the ILA. Summary: The previous EMS ILA with Brazos County expires on 9/30/26. This successor agreement is for a three-year period, FY27-FY29. The annual payment for the service methodology is based on the number of EMS responses by CSFD EMS units serving the southern portion of Brazos County. Budget & Financial Summary: Attachments: 1. FY 2027-2029 Brazos County - CoCS EMS 8-3-26 Page 165 of 358 FY 2027-FY 2029 COLLEGE STATION AND BRAZOS COUNTY INTERLOCAL AGREEMENT FOR EMERGENCY MEDICAL AMBULANCE SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into by and among The City of College Station, Texas, a home rule municipal corporation ("College Station" or "City") and Brazos County, Texas ("County"), each acting by and through its duly authorized agents; WHEREAS, the respective participating governments ("Parties") are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, College Station and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, College Station currently provides Emergency Medical Ambulance services (EMS) to the County NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: ARTICLE I SCOPE OF SERVICES 1. College Station shall provide Automatic Mutual Aid Emergency Medical Ambulance Services to any requesting person in the southern portion of Brazos County within the College Station Response District as defined in Exhibit "A" Automatic Mutual Aid Response Districts. Response to areas of Brazos County outside of the College Station Response District will be by mutual aid request and based on resource capacity. 2. All requests for services under this Agreement shall be through the Brazos County 9-1-1 Emergency Communications District and the College Station Communication Center. 3. College Station reserves the right to refuse to respond to any call pursuant to this Agreement if the Fire Chief or designee reasonably determines that the health, safety, or welfare of the City would be endangered by dispatching personnel or equipment outside of its corporate limits. 4. College Station will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health & Safety Code and will perform all activities related to this Agreement in accordance with the regulations promulgated by the Texas Department of State Health Services. College Station will provide the County, notwithstanding any HIPAA restrictions, an electronic summary report of emergency responses made outside the corporation limits of each city, respectively each quarter. An "incident" is defined as a medical incident resulting in an ambulance being dispatched. . Brazos County FY 2027- FY 2029 EMS ILA Contract No.26300802 Page 1 of 7 Page 166 of 358 ARTICLE II PAYMENTS 1. Payment Methodology. The payment methodology is a pay -for -service model based on the proportion of EMS utilized to serve Brazos County. College Station shall provide Brazos County with an annual report at the close of each fiscal year showing the total number EMS incidents for the College Station Fire Department and the total number of EMS incidents dispatched into Brazos County. This response data determines the percentage of EMS usage required to serve Brazos County. Payment is based on an equal percentage of the cost of providing EMS by the College Station Fire Department. The projected cost of providing EMS for FY27 — FY29 is shown in Exhibit "B" Cost of Providing EMS. 2. Payment Terms. The City will invoice the County and the County shall pay from current revenues to the City the amount for Emergency Medical Ambulance Services based on the payment methodology on an annual basis according to the following schedule: a. Fiscal Year 2027. EMS responses from October 1, 2026 — September 30, 2027. Annual payment calculations based on response data will be provided to Brazos County no later than November 15, 2027. Payment due no later than December 31, 2027. b. Fiscal Year 2028. EMS responses from October 1, 2027 — September 30, 2028. Annual payment calculations based on response data will be provided to Brazos County no later than November 15, 2028. Payment is due no later than December 31, 2028. c. Fiscal Year 2029. EMS responses from October 1, 2028 — September 30, 2029. Annual payment calculations based on response data will be provided to Brazos County no later than November 15, 2029. Payment is due no later than December 31, 2029. ARTICLE III TERM AND TERMINATION The Agreement term begins on October 1, 2026 and ends on September 30, 2029. The Agreement is effective after proper approval of all parties. The Parties may terminate this Agreement, for convenience, without cause, with thirty (30) days' written notice. Further, should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except those rights and obligations that have accrued under this Agreement before the date of termination shall survive. ARTICLE IV GENERAL TERMS AND CONDITIONS 1. Interlocal Cooperation Act. Each Party to this Agreement is a local government as defined in the Interlocal Cooperation Act. Nothing in this Agreement will be construed as a waiver or relinquishment by either Party of its right to claim such exemptions, privileges, and immunities as may be provided by the Constitution and the Laws of the State of Texas. No separate legal entity is created by this Agreement. Brazos County FY 2027- FY 2029 EMS ILA Contract No.26300802 Page 2 of 7 Page 167 of 358 2. Notice. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. mail to the following parties: City of College Station P.O. Box 9960 Station, Texas. 77842 Attn: Richard Mann, Fire Chief Brazos County 200 S. Texas Ave, Suite 332 Bryan, Texas 77803 Attn: County Judge Duane Peters 3. Hold Harmless. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any party to this Agreement, or any of its officers, agents or employees as a result of its performance under this agreement. If any party to this contract is sued by a third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the governmental unit that would have been responsible for furnishing the services in the absence of the Agreement is responsible for any civil liability that arises from the furnishings of those services except for personal injury, personnel and/or retirement benefits of the personnel of the responding city, and/or damage to or resulting from use of any equipment of the responding city. 4. Savings Clause. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 5. Entire Agreement. 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 of this Agreement. No oral understandings, statements, promises, or inducements contrary to the terms of this agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any Party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 6. No Third -Party Beneficiaries. This Agreement is for the benefit of the parties and does not confer any rights on any third parties. 7. Amendment. The terms and conditions of this Agreement may be amended upon written mutual consent of all Parties. Mutual consent will be demonstrated by written approval of each governing body. No amendment to this Agreement shall be effective and binding, unless and until it is reduced to writing, duly approved and signed by the authorized representatives of both Parties. 8. Venue. This Agreement has been made under and shall be governed by the laws of the State Brazos County FY 2027- FY 2029 EMS ILA Contract No.26300802 Page 3 of 7 Page 168 of 358 of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 9. Waiver. Failure of any party to enforce a provision of this Agreement shall not constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of any party 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 part(ies) 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. 10. Multiple Originals. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Brazos County FY 2027- FY 2029 EMS ILA Contract No.26300802 Page 4 of 7 Page 169 of 358 CITY OF COLLEGE STATION BRAZOS COUNTY Mayor Duane Peters, County Judge Date: Date: ATTEST: ATTEST: City Secretary Karen McQueen, County Clerk Date: Date: APPROVED AS TO FORM: City Attorney County Attorney Date: Date: Brazos County FY 2027- FY 2029 EMS ILA Contract No.26300802 Page 5 of 7 Page 170 of 358 Exhibit "A" Automatic Mutual Aid Response Districts College $YgYlah •i 4-ti Sx l.) Bryan Response District College Station Response District Bryan City Limits College Station City Limits • 'a North Norllh Yu Ich Id Brazos County FY 2027- FY 2029 EMS ILA Contract No.26300802 Page 6 of 7 Page 171 of 358 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Exhibit "B" Cost of Providing EMS FY2020 — FY2029 (4 Full -Time) (4 Full -Time) (4 Full-Time/1 Peak) (4 Full-Time/1 Peak) (5 Full-Time/1 Peak) (5 Full-Time/1 Peak) (5 Full-Time/1 Peak) (6 Full -Time) (6 Full -Time) (6 Full-Time/1 Peak) Brazos County FY 2027- FY 2029 EMS ILA Contract No.26300802 Burring Cost of EMSService Total CSFD Total County %EMSCaIIs Annual Service EMSCal ls EMS Calls in County Payment $4,773,112 $4,773,112 $5,085,112 $5,085,112 $6,080,380 $6,080,380 $6,080,380 $7,609,956 $8,117,721 $8,882,336 7655 9183 9037 9192 8439 500 6.53% 657 7.15% 616 6.82% 848 9.23% 879 10.42% 8580 964 11.24% Final payment of FY24-FY26ILS due 10/31/26 Due 12/31/27 Due 12/31/28 Due 12/31/29 Page 7 of 7 Page 172 of 358 September 10, 2026 Item No. 7.7. Well #6 Pumping Equipment Repair Deductive Change Order Sponsor: Stephen Maldonado, Assistant Director of Water, Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a deductive change order with Weisinger Incorporated, providing a $109,507 credit to the construction contract for the Well 6 Pumping Equipment Repairs Project. Relationship to Strategic Goals: 1. Core Service and Infrastructure Recommendation(s): Staff recommends approval. Summary: The City of College Station's water supply is supported by ten City -owned groundwater wells, which require occasional equipment repairs to maintain operational reliability. On April 23, 2026, City Council approved a contract with Weisinger Incorporated to address operational issues at Water Well #6 through the replacement of pumping equipment. This deductive change order reconciles final contract quantities based on actual field requirements and authorizes closeout of the construction contract. Budget & Financial Summary: Funding for this project is established within the Water Capital Improvement Projects Fund under the Rehab of Water Well Pumps and Motors project, which supports ongoing well rehabilitation work with a total budget of $3,040,000. To date, $2,598,970 has been expended or committed, leaving an available balance of $441,030 for this contract and related expenses. This deductive change order will decrease the currently encumbered contract amount by $109,507. Attachments: 1. Deductive Change Order #1 Page 173 of 358 vp- CONTRACT & AGREEMENT ROUTING FORM CITY OF COLi,li Si. i 0 xo�r r,m. Aa M Ln.;,.„ ry CONTRACT#: 26300494CO1 PROJECT #: BID/RFP/RFQ#: Project Name / Contract Description: Well #6 Pumping Equipment Repair Name of Contractor: Weisinger Incorporated CONTRACT TOTAL VALUE: $ 184,463.00 Grant Funded Yes Debarment Check Section 3 Plan Incl. NEW CONTRACT Yes Yes No No • • RENEWAL # N/A N/A ■ No If yes, what is the grant number:) Davis Bacon Wages Used Buy America Required Transparency Report Yes Yes Yes No No CHANGE ORDER # 1 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 $3,040,000 is included for this project in the Water Capital Improvement Projects Fund for Rehab of Water Well Pumps & Motors. A total of $ 2,598,970 has been expended or committed to date, leaving a balance of $441,030 for this contract and related expenses. (If required) * CRC Approval Date*: n/a Council Approval Date*: 08/27/2026 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 In Q. AW(St LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (if applicable) N/A CITY SECRETARY (if applicable) 9.12.23 UPDATED 8/5/2026 8/5/2026 8/5/2026 DATE DATE DATE DATE DATE DATE Page 174 of 358 CHANGE ORDER NO. 1 PO No. 26203082-00 DATE: 7/22/2026 Contract No. 26300494 PROJECT: Well #6 Pumping Equipment Repair OWNER: NE CONTRACTOR: CONTRACTOR: City of College Station N/A Contractor Name: Weisinger Incorporated PURPOSE OF THIS CHANGE ORDER: Upon inspection of the City's existing pump materials inventory, an opportunity was identified to reduce costs by repurposing and installing a portion of the available materials in lieu of purchasing new components. Additionally, jetting services will be performed to remove obstructions from the well in preparation for the installation of the pumping equipment. ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 1 LS Repurpose existing`pumping materials. ($167,212.00) 0 1 ($167,212.00) 2 LS Perform jetting services. $57,705.00 0 1 $57,705.00 TOTAL ($109,507.00) THE NET AFFECT OF THIS CHANGE ORDER IS 37.25 % DECREASE. LINE 1 (WPWOC-6580) LINE 2 (WPWOC-6580) TOTAL CHANGE ORDER ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 REVISED CONTRACT AMOUNT ($167,212.00) $57,705.00 (109,507.00) $293,970.00 ($109,507.00) $184,463.00 ORIGINAL CONTRACT TIME N/A Days Time Extension No. 1 N/A Days Revised Contract Time N/A Days SUBSTANTIAL COMPLETION DATE REVISED SUBSTANTIAL COMPLETION DATE Council Approved Contingency Contingency used to date Available Contingency for this Change Order $29,397.00 $0.00 $29,397.00 - 37.25% % CHANGE - 37.25% % TOTAL CHANGE APPROVED (Lc vLit, Li stiw 8/5/2026 CONSTRUCTION CONTRACTOR Date lam/ I a 8/5/2026 PROJECT MANAGER Date %dun "Wlekkaen. DEPARTMENT DIRECTOR ASST CITY MGR - CFO 9ou� IL tkaisttJ CITY ATTORNEY CITY MANAGER 8/5/2026 Date 8/5/2026 Date 8/5/2026 Date Date Page 175 of 358 September 10, 2026 Item No. 7.8. Annual Exemptions Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action to authorize expenditure of funds for Fiscal Year 2027 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Sustainable City Recommendation(s): Staff respectfully recommends approval of the purchase requests as listed on the attached spreadsheet, and the authorization for the City Manager to approve contracts and expenditures that are on the exemption list. Summary: Every fiscal year there are a number of expenditures incorporated in the approved budget that are not subject to competitive bidding or proposals. These expenditures are for sole source purchases; expenditures for personal, professional or planning services; captive replacement parts for equipment, and other exemptions more fully described in LGC 252.022 and other expenditures for interlocal contracts or fees mandated by state law. The intent of this item is for Council to authorize the expenditure(s) which will provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. Budget & Financial Summary: Funds are either available or budgeted for each of the listed purchase requests in the Fiscal Year 2027 budget in various funds of the City, or if necessary, will be made available by proposing an appropriate budget amendment or contingency transfer. Attachments: 1. 2027 Exemptions List Over $100K Page 176 of 358 2027 Annual Exemptions I This expense is for the City's portion of the funding of the Brazos County Health Department. LGC 252.022 (a)(7)(D) - Captive replacement parts or components for equipment; computer software/hardware maintenance; equipment lease/maintenance Carahsoft (Fleet Video/GPS/Diagnostic Product Maintenance and other City Departments) Azteca (Cityworks Product Maintenance) Tyler Technologies (all MUNIS Product Maintenance and Services) MUNIS is the City's Enterprise Resouce Planning (ERP) system, Municipal Court (lncode), Payroll, Parking and Disaster Recovery services . CentralSquare (Inform Product Maintenance) Annual maintenance fees for the Computer Aided Dispatch and automated Records Management System (CAD/RMS) used by Police and Fire Dispatch. Trakit Product Maintenance (Solid Border, Inc. (Palo Alto - Firewall Maintenance) ISHI (Enterprise Agreements for Microsoft 365 and P1 Licenses) (VMWare Support) Kudelski Security (CrowdStrike) Freeit (Rubrik Support and Nimble Support) Badger Meter, Inc. (Water Meters) LGC 252.022(a)(7)(c) - Gas, water and other utility services City of Bryan (Utilities for wells and pump station) Frontier (Local/Long Distance Phone Service) Entergy (Well 8 & Well 9 electrical power) FY 2027 Rep uest $197,000.00 $123,800.00 $404,000.00 $424,350.00 $200,000.00 $600,500.00 $113,000.001 $290,000.00 $110,000.00 $1,100,000.00 $300,000.00 $300,000.00 Expenditures pursuant to established interlocal agreements (ILA's) with various agencies ILA with Brazos Central Appraisal District This is the City's portion of the funding of the Brazos Central Appraisal District. $1,150,200.00 ILA with City of Bryan (Library services) Interlocal agreement with the City of Bryan for the management of the Larry J. Ringer Library. The library is owned by the COCS but is managed (O&M) by the City of Bryan. $1,800,000.00 ILA with Choice Partners for Amazon Business (Office and Miscellaneous Supplies) delivery for orders placed online. $200,000.00 Brazos County Health Department $578,029.00 ILA with TASB (BuyBoard) Heil of Texas (OEM Parts/Services for Autocar Bodies) $200,000.00 ILA with TASB (BuyBoard) for GT Distributors to supply Police/Fire duty gear, body armor, firearms/ammo, SWAT equipment, etc. $400,000.00 ILA with TASB (BuyBoard) for Gall's Parent Holdings to supply Police/Fire/Code Enforcement uniforms and alterations $125,000.00 ILA with TASB (BuyBoard) for ProStar Industries, Inc. to supply janitorial and paper products ILA with TASB (BuyBoard) for Siddons Martin Parts and Service for Fleet ILA with TASB (BuyBoard) for Caldwell Country Parts and Service for Fleet ILA with TASB (BuyBoard) for BWI Schulengurg for Field Maintenance Materials ILA with PSA for NAPA for Oils, lubricants and filters ILA with TIPS for Lonestar Freightliner for Parts and Service for Fleet :ILA with Omnia Partners, Grainger maintenance, repair and operational supplies ILA with TASB (BuyBoard) for Southern Tire Mart for Fleet Maintenance $150,000.00 $250,000.00 $100,000.00 $110,000.00 $180,000.00 $200,000.00 1 $180,000.00 1 $320,000.00 1 ILA with City of Midlothian for Bound Tree Medical to supply emergency medical supplies $300,000.00I Expenditures for mandated state fees TCEQ (inspections/assessments, permitting fees - W/WW) Oversees all permitting, planning and monitoring of the state's water resources. These are mandated fees and the amounts requested each fiscal year are best estimates. BV Groundwater Conservation District - Assessment fees These are mandated fees that are based on the amount of groundwater the City pumps. There is no rate increase; however, more pumping is anticipated due to increased poplulation. $200,000.00 $350,000.00 Page 177 of 358 September 10, 2026 Item No. 7.9. Carter Creek WWTP Enhanced Filtration Design CO Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a contract amendment with Freese and Nichols, Inc (FNI) in the amount of $1,459,269 for the addition of a specialized construction inspector to provide technical oversight, and additional soil sampling required by TCEQ. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The City of College Station owns and operates two wastewater treatment plants, Carter Creek and Lick Creek, which together provide 14.5 million gallons per day of treatment capacity to reliably serve our growing community. As prioritized in the 2016 Wastewater Master Plan, the Carters Creek WWTP (CCWWTP) Filter Improvement Project replaces unreliable and underperforming infrastructure while adding new treatment capabilities to maintain long-term reliability and meet stringent environmental standards. The complex scope involves comprehensive mechanical, electrical, and structural upgrades, including integrating a new cloth filter system to enhance UV disinfection performance, replacing outdated equipment, and making key hydraulic profile improvements. Due to the technically intricate nature of this construction by CSA Construction, this is a contract amendment for Freese and Nichols to provide a dedicated Resident Project Representative (RPR) serving as a specialized construction inspector for rigorous technical oversight. The RPR is projected to be onsite full time at 50 hours per week for 30 months. The fee also includes support staff including QA/QC and Start Up/Commissioning. Budget & Financial Summary: Budget in the amount of $33,380,400 is included for this project in the Wastewater Capital Improvement Projects Fund. A total of $3,688,593 has been spent or encumbered to date, leaving a balance of $29,691,807 for this contract amendment. Attachments: 1. CCWWTP Enhanced Filtration Improvements Map 2. CCWWTP Enhanced Filtration Design CO1-Resident Rep Page 178 of 358 Windwood Ra i ntree Extents Sandstone BLACKJACK CENTRAL PARK Project Location Streets CITY OF COLLEGE STATION H fT AdMUnivemiry. 0 412.5 825 1,650 2,475 Feet Page 1 CHANGE ORDER NO. 1 P.O.#: 25201631 DATE: 8/17/2026 PROJECT: CC WWTP Phased Improvments OWNER: City of College Station P.O. Box 9960 College Station, Texas 77842 PURPOSE OF THIS CHANGE ORDER: This Change order adds work for Freese and Nichols for construction inspection for the duration of around the existing ATAD structure as required by TCEQ for the closure report. ITEM NO UNIT LS LS LINE 1 (WW2400/WTWOC - 6591) LINE 2 (acct./work order number) LINE 3 (acct./work order number) TOTAL CHANGE ORDER ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 REVISED CONTRACT AMOUNT ORIGINAL CONTRACT TIME Revised Contract Time DESCRIPTION Resident Project Representation Soil Sampling for ATAD Closure Report THE NET AFFECT OF THIS CHANGE ORDER IS SUBSTANTIAL COMPLETION DATE REVISED SUBSTANTIAL COMPLETION DATE APPROVED rictuarbt OkatitutAi A/E CONTRACTOR Cztsui rtt,D),t-s PROJECT MANAGER J AI 1 t4 DEPARTMENT DIRECTOR 9/1/2026 Date 8/31/2026 Date 9/1/2026 Date Contract No. 25300225 RFP/BID/RFQ CONTRACTOR: Freese and Nichols, Inc PO Box 980004 Fort Worth, Tx 76198 Ph: Fax: the construction phase. It also adds additional work for soil sampling UNIT ORIGINAL REVISED ADDED I PRICE QUANTITY QUANTITY COST $1,444,284.00 0 1 $1,444,284.00 $32,167.00 0 1 $32,167.00 40.09 % INCREASE. $1,476,451.00 $0.00 $0.00 $1,476,451.00 $3,682,493.00 $1,476,451.00 $5,158,944.00 0 Days ( (COY, AS T CITY MGR - CFO kt,vW& PUvrA& CITY ATTORNEY CITY MANAGER TOTAL $1,476,451.00 40.09% % CHANGE 40.09% % TOTAL CHANGE 9/2/2026 Date 9/2/2026 Date Date Page 180 of 358 MEMORANDUM ,rnfISEOLS 12770 Merit Drive, Suite 900 • Dallas, Texas 75251 • 214-217-2200 • FAX 817-735-7491 TO: CC: FROM: Casey Rhodes, PE Jason Ward, PE; Darpan Chorghe, PE Gennady Boksiner, PE, BCEE Innovative approaches Practical results Outstanding service www.freese.com SUBJECT: Amendment No. 1- Scope and Fee City of College Station — Carters Creek WWTP Effluent Filter Improvements Phase 2 DATE: August 14th, 2026 FNI PROJECT NO: CCL25073 Casey, Please find the engineering scope of services below and the attached effort estimate for your review. This amendment includes resident project representative (RPR) services during the construction phase of the project, as well as soil sampling coordination for TCEQ's Autothermal Thermophilic Aerobic Digestor (ATAD) Closure Report. Freese and Nichols, Inc. (FNI) will provide the following services as part of this additional services request. Anticipated Additional Scope of Services — I. Resident Project Representation: 1. FNI will have a Resident Project Representative on the Site on a full-time basis for 50 hours per week for a total duration of 30 months. 2. RPR will act as directed by and under the supervision of Engineer and will confer with Engineer regarding the RPR's actions. The RPR's dealings in matters pertaining to the on -site work shall in general be with the Engineer and Contractor, keeping Client advised as necessary. RPR's dealings with subcontractors shall only be through or with full knowledge and approval of Contractor. RPR shall generally communicate with Client with the knowledge of and under the direction of Engineer. 3. These services are based on the use of FNI's standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures are an Additional Service. If General Conditions other than FNI's standard are used, Client agrees to include provisions in the General Conditions that require Contractor to include FNI: (1) as an additional insured and in any waiver of subrogation rights with respect to such liability insurance purchased and maintained by the Contractor for the Project (except workers' compensation and professional liability policies); and (2) as an indemnified party in the Contractor's indemnification provisions to the same extent Client is named as an indemnified party. 4. Schedules: Review the progress schedule, schedule of shop drawing submittals and schedules of values prepared by Contractor and consult with Engineer concerning acceptability. Page 181 of 358 Page 2 of 4 5. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 6. Liaison: a. Serve as the Engineer's liaison with Contractor, working principally through the Contractor's superintendent and assist in understanding the intent of Contract Documents; and assist Engineer in serving as Client's liaison with Contractor when the Contractor's operations affect the Client's on -site operations. b. Assist in obtaining additional details or information from Client, when required for proper execution of the Work. 7. Shop Drawings and Samples: a. Record date of receipt of shop drawings and samples. b. Receive samples which are furnished at the Site by Contractor and notify Engineer of availability of samples for examination. c. Advise the Engineer and Contractor of the commencement of any work requiring a shop drawing or sample if the submittal has not been approved by Engineer. 8. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on -site observations of the work in progress to determine if the work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the Engineer of Work the RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems start-up and operating and maintenance training are conducted in the presence of appropriate personnel, and the Contractor maintains adequate records thereof; and observe record and report appropriate details relative to the test procedures and start-ups to the Engineer. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. 9. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 10. Request for Revisions: Consider and evaluate Contractor's suggestions for revisions to the drawings or specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 11. Records: Maintain orderly files for correspondence, reports of job conferences, shop drawings and samples, reproductions of original Contract Documents, including all work change directives, addenda, change orders, field orders, written amendments, additional drawings issued subsequent to the execution of the Agreement, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Page 182 of 358 Page 3 of 4 submittals and correspondence received from and delivered to Contractor and other Project related documents. 12. Reporting: a. Provide periodic reports to Engineer as required by the progress of the work and the Contractor's compliance with the progress schedule and schedule of shop drawings and sample submittals. b. Consult with the Engineer in advance of scheduled major tests, inspections, or start of important phases of the work. c. Draft proposed written amendments, change orders and work change directives, obtaining backup material from Contractor and recommend written amendments, change orders, work change directives, and field orders to Engineer. d. Immediately report the occurrence of any accident to the Engineer and Client. 13. Payment Requests: Review payment applications with Contractor for compliance with the established procedure for their submission and forward with recommendations to Client, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment at the site but not incorporated in the work. 14. Certificates; Operation and Maintenance Manuals: Verify that all certificates, operation and maintenance manuals, and other required submittals correspond to the items actually installed, comply with the Contract Documents, and are delivered to Engineer for review and transmittal to Client prior to final payment. 15. Completion: a. Before Engineer issues a Certificate of Substantial Completion, assist the PM to prepare and submit a list of observed items requiring completion or correction to Contractor. b. Observe whether Contractor has performed all inspections required by laws or regulations, ordinances, codes or order applicable to the work, including but not limited to those to be performed by public agencies having jurisdiction over the work. c. Conduct a final inspection with the Engineer, Client, and Contractor present and then prepare a final list of items to be completed or corrected by Contractor. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance. II. Soil Sampling for ATAD Closure Report: 1. Site Investigation for Closure. Upon approval of the Closure Plan by TCEQ, FNI will perform sampling and analysis described in the approved Closure Plan to document conditions on the site. This site investigation will include the following general tasks: a. Field locate the proposed sample locations. The City shall verify absence of underground utilities in those locations. b. Collect soil and groundwater samples (as specified in the TCEQ-approved Closure Plan) to determine if chemicals of concern (COCs) as indicated by Land Application Team guidance are present at concentrations that require special handling or deed restrictions if left in place. Sample collection will require use of truck -mounted, direct -push drilling equipment. Samples will be delivered to a third -party NELAC-certified environmental laboratory for analysis. Up to 15 soil or Page 183 of 358 Page 4 of 4 wipe samples and three groundwater samples will be analyzed for total metals and general chemistry parameters as specified by the TCEQ Land Application Team. c. FNI will analyze laboratory results of the samples collected for concentrations of COCs included in the TCEQ-approved Closure Plan. FNI will summarize the findings and provide recommendations for closure of the WWTP facilities. FNI will submit one (1) electronic copy to the City for their records. 2. Preparation and Submittal of Final Closure Report. FNI will prepare a Final Closure Report including sampling data collected in accordance with TCEQ regulations, the facility's existing permits, and Land Application Team guidance. FNI will submit one (1) draft electronic copy of the Final Closure Report to the City for review and comment, then revise and finalize the Final Closure Report as appropriate based on the City's comments. FNI will submit two (2) hard copies of the Final Closure Report to TCEQ within ten (10) business days of receipt of the City's comments and provide one (1) electronic copy to the City for their records. Professional Services Fee: The Scope of Services described above will be performed on a cost-plus basis for the fees identified below. Task Amount Resident Project Representation $1,444,284 Soil Sampling for ATAD Closure Report $32,167 Subtotal: $1,476,451 Please let me know if you have any questions. Sincerely, Gennady Boksiner, PE, BCEE Principal, Vice President Freese and Nichols, Inc. Attachment: Fee Spreadsheet Page 184 of 358 City of College Station Carters Creek WWTP - Effluent Filter Improvements Phase II 8/14/2026 Fee Proposal to Amendment 1 Project Fee Summary Basic Services Special Services Additional Services Total Project 1,476,451 1,476,451 Tasks Labor BST Task (for Project Setup) Basic, Special or Additional Task Task Descrl lion p Paul Dean Greg Geller Matt Cartwright Kyle Janes Darpan Chorghe Katie Leatherwood Joe Whiteley Hope Ellis April O'Donnell Total Hours Total Labor Effort $ - 6.495 $ 1 204,465 $ - $ - $ - $ - $ - 36 $ 13,377 168 $ 56,919 80 $ 28,058 $ - $ - $ - 20 $ 3,554 32 $ 4,124 42 $ 6,245 9 $ 1,330 $ - PR Senior AcMsor OA/OC Sfa"-up Specialist PM Senior Advisor E"Nrmmental PE EnNranmental EIT GIs Analyst $174 6,495 $316 $348 $328 $231 $252 $135 $123 $115 I. Resident Project Representation CM Monthly Progress Meetings Contractor Sync Meetings Preactivity Meetings DCR Review/QC Contractor Quality Issues - 30 Issues QA/QC 36 Senior Advisor 168 Start Up and Commissioning 80 II. Soil Sampling for ATAD Closure Report Treatment Unit Decommissioning WWTP Closure Plan 2 6 10 2 Site Investigation for Closure 16 16 Final Closure Report 2 4 32 4 WWTP Permit Closeout 1 8 Total Hours / Quantity 6.495 Total Effort $ 1.204.465 5 168 56.919 36 S 13.377 80 S 28.058 4 S 925 11 S 2.774 66 S 8.894 E 16 1.968 6 S 692 6.882 II $ 1,318,073 1 of 3 T:\1.02 PMWmendment 1 - RPR Services and ATAD Soil Sampling \Fee Spreadsheet - RPR Services and ATAD Soil Sampling_Amendment 1.,dsm 8/14/2026 Page 185 of 358 City of College Station Carters Creek WWTP - Effluent Filter Improvements Phase II 8/14/2026 Fee Proposal to Amendment 1 Basic Services Special Services Additional Services Total Project 1,476,451 1,476,451 BST Task (for Basic, Special Task Project Setup) or Additional Tasks Task Description Tech Charge Miles 109,116 Meals Expenses Lg Format - Lg Format - Hotel B&W (sheet) Color (sheet) Binding (each) Bond - B&W Glossy/Mylar - (sq. ft.) B&W (sq. ft.) Other 'Total Expense Effort $ 82,928 C - As 55,208 Monthly Progress Meetings - $ Contractor Sync Meetings $ _ Preactivity Meetings $ DCR Review/QC $ Contractor Quality Issues - 30 Issues - $ - QA/QC 36 $ 306 Senior Advisor 168 $ 1.431 Start Up and Commissioninq 80 1,200 $ 1,592 1 $ TreatmentrUnitbecQ(�mi s�ninci - $ WWTP Closure Plan 20 $ 170 Site Investigation for Closure 32 375 100 400 1,000 $ 2,282 Final Closure Report 42 50 $ 415 WWTP Permit Closeout 9 $ 77 - $ Total Hours / Quantity 6,882 110,691 100 400 - - - - - 1,050 Total Effort $ 58,500 $ 84,125 $ 115 $ 460 $ - $ - $ - $ - $ - $ 1,208 $ 144,408 6,495 2 of 3 T:\1.02 PMWmendment 1 - RPR Services and ATAD Soil Sampling \Fee Spreadsheet - RPR Services and ATAD Soil Sampling_Amendment 1.,dsm 8/14/2026 Page 186 of 358 City of College Station Carters Creek WWTP - Effluent Filter Improvements Phase II 8/14/2026 Fee Proposal to Amendment 1 Project Fee Summary Basic Services Special Services Additional Services Total Project 1,476,451 1,476,451 Tasks BST Task (for Basic, Special Task Project Setup) or Additional Task Description Best Drilling Services CM Monthly Progress Meetings Contractor Sync Meetings Preactivity Meetings DCR Review/QC Contractor Quality Issues - 30 Issues QA/QC Senior Advisor Start Up and Commissioning ,11KWiqpi rrTirMalr— Treatment UnitDecQ(gmi siornng WWTP Closure Plan Site Investigation for Closure Final Closure Report WWTP Permit Closeout Total Hours / Quantity Total Effort 1 6,574 6,574 7,560 Pace Labs 7 5,574 5,574 6,410 Sub Name 3 1 Sub Name 4 Sub Name 5 Sub Name 6 Sub Name 7 Sub Name 8 Sub Name 9 Sub Name 10 f Total Sub Effort Total Effort $ - $ 82,928 $ - $ 1,259,672 $ - $ $ - $ $ - $ - $ - $ - $ $ $ - $ 13,653 $ - $ 58,351 $ - $ 29,650 $ - $ $ - $ $ - $ $ - $ 3,724 $ 13,970 $ 20,376 $ - $ 6,660 $ - $ 1,407 3 of 3 T:\1.02 PMWmendment 1 - RPR Services and ATAD Soil Sampling \Fee Spreadsheet - RPR Services and ATAD Soil Sampling_Amendment 1.,dsm 8/14/2026 Page 187 of 358 September 10, 2026 Item No. 7.10. Citywide Flood Hazard Assessment - Professional Services Contract Sponsor: Carol Cotter, City Engineer Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a Professional Services Contract with Torres Associates, LLC in the amount of $185,600 for a Citywide Flood Hazard Assessment. Relationship to Strategic Goals: • Financial Sustainability • Core Services and Infrastructure • Sustainable City Recommendation(s): Staff recommends approval of the contract. Summary: The Citywide Flood Hazard Assessment will evaluate current flood risks across the city's watersheds where mapping may be outdated, incomplete, or insufficient to reflect current conditions. The study will incorporate updated topography, rainfall data, drainage information and hydraulic modeling methods. The assessment will provide the city with a consistent, citywide understanding of flood hazards and support future decisions regarding flood mitigation, development review, and infrastructure planning. The project will be partially funded through $150,000 in Community Development Block Grant - Mitigation (CDBG-MIT) funding which is part of the $500,000 awarded to the City through the Texas General Land Office (GLO) and Brazos Valley Council of Governments. The CDBG-MIT funding is intended to support activities that reduce long-term disaster risk and requires the project to provide 100% benefit to low- and moderate -income residents. The remaining $35,600 will be funded through the City's Drainage Fund, for a total project cost of $185,600. Budget & Financial Summary: $150,000 in CDBG-MIT grant funding, $35,600 from the Drainage Fund Attachments: 1. Contract Page 188 of 358 (kf 7 CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: 26300745 PROJECT #: CD2622 BID/RFP/RFQ#: N/A Project Name / Contract Description: City -Wide 2D Flood Hazard Assessment Name of Contractor: CONTRACT TOTAL VALUE: Torres Associates, LLC $ 185,600.00 Debarment Check If Yes n No n N/A Section 3 Plan Incl. Yes No � N/A NEW CONTRACT RENEWAL # Grant Funded Yes n No I i I If yes, what is the grant number:) Davis Bacon Wages Used n Yes No. N/A Buy America Required ❑ Yes n No n N/A Transparency Report n Yes n No • N/A CHANGE ORDER # OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) An RFQ was released on 4/7/2025 and responses were opened on 5/21/25. Torres & Associates, LLC. responded was deemed qualified. $150,000 will come from the CDBG-MIT grant and $35,600 will come from the drainage fund. CDBG: 31220630-5904 CD-Oper-Misc-CDBG-MIT Project Code: CD2622 — CDBG Drainage: 39120795-5304 Dra-Eng-Prof Svcs -Spec Stud Project Code: CD2622 — OPER (If required)* CRC Approval Date*: N/A Council Approval Date*: 08/27/26 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 QIA,evul QVwIstroln.6 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO V t,Vra. PlAYlika, LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (if applicable) N/A CITY SECRETARY (if applicable) 9.12.23 UPDATED 8/10/2026 8/10/2026 8/12/2026 DATE DATE DATE DATE DATE DATE Page 189 of 358 City of College Station Architects & Engineering Professional Services Contract {federally funded projects without construction) This Contract is between the City of College Station, a Texas home -rule municipal corporation, (the "City") and J.M. Torres Associates, LLC d/b/a Torres Associates LLC, a Texas limited liability corporation (the "Consultant"), whereby the Consultant agrees to provide the City with certain professional services as described herein and the City agrees to pay the Consultant for those services. ARTICLE I Scope of Services 1.01 In consideration of the compensation stated in paragraph 2.01 below, the Consultant agrees to provide the City with the professional services as described in Exhibit "A", the Scope of Services, which is incorporated herein by reference for all purposes, and which services may be more generally described as follows to be paid for in vYhole or in part with federal funding in the form of Community Development Block Grant Mitigation Program B-18-DP-48-0002 awarded by U.S. Department of Housing and Urban Development through the Texas General Land Office ("Federal Agency"), subject to certain terms and conditions imposed on the City and the Project by the Federal Agency, $150,000 of which is allocated by the City to this Contract ("Federal Funds") for the design and other architectural or engineering professional services on the following ("Project"): Citywide 2D Flood Hazard Assessment. ARTICLE II Payment 2.01 In consideration of the Consultant's provision of the professional services in compliance with all terms and conditions of this Contract, the City shall pay the Consultant according to the terms set forth in Exhibit "B". Except in the event of a duly authorized change order, approved by the City as provided in this Contract, the total cost of all professional services provided under this Contract may not exceed One hundred eighty-five thousand six hundred/100 Dollars ($185,600.00), to be paid in compliance with the terms and conditions applicable to this Agreement and the Project, including but not limited to the requirements specifically listed in Exhibit "D", attached and incorporated for all purposes ("Federal Requirements"). ARTICLE III Time of Performance 3.01 The Consultant shall perform all professional services within the times set forth in Sections 3.02 and 3.03. Consultant expressly agrees that such times are as expeditious as is prudent considering the ordinary professional skill and care of a competent engineer or architect. Furthermore, the Consultant shall perform with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. 3.02 All work and professional services provided under this Contract must be completed by the following date(s): Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 1 Page 190 of 358 3.02 All work and professional services provided under this Contract must be completed by the following date(s): All work on the Project shall be completed and all documentation, invoices, payment applications and final certifications shall be submitted no later than May 31, 2027. 3.03 Time is of the essence of this Contract. The Consultant shall be prepared to provide the professional services in the most expedient and efficient manner possible and with adequate resources and manpower in order to complete the work by the times specified. Promptly after the execution of this Contract, the Consultant shall prepare and submit for the City to approve in writing, a detailed schedule for the performance of the Consultant's services to meet the City's Project milestone dates, which are included in this Contract. The Consultant's schedule shall include allowances for periods of time required for the City's review and for approval of submissions by authorities having jurisdiction over the Project, if applicable. The time limits established by this schedule over which Consultant has absolute control shall not be exceeded without written approval from the City. Consultant may request in writing an extension of the contract time due to delays beyond their control. In the event that a deadline provided in this Contract is not met by the Consultant, Consultant shall provide the City with a written narrative setting forth in a reasonable degree of detail a plan of recovery to overcome or mitigate the delay which may include (i) employing additional people, or (ii) accelerating the work by working longer hours on any portion of the Project that is deemed by the City to be behind schedule ("Recovery Plan"). With the City's approval, Consultant shall execute the Recovery Plan at no additional cost to the City. (a) Liquidated Damages. (1) The time for the completion of all Work described in this Agreement are reasonable times for the completion of each task by the agreed upon days or dates, taking into consideration all conditions, including but not limited to the usual industry conditions prevailing in this locality. The amount of liquidated damages for the Consultant's failure to meet contractual deadlines specifically set forth in the Consultant's Scope of Services and schedule are fixed and agreed on by the Consultant because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be deducted by the City from current amounts owed to Consultant for payment or from final payment. (2) As a result of the difficulty in estimation, calculation and ascertainment of City's damages due to a failure of Consultant to achieve timely completion of the Work, if the Consultant should neglect, or fail, or refuse to complete the Work within the times specified in the Consultant's Scope of Services and Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 2 Page 191 of 358 schedule, or any proper extension thereof granted by the City's Representative pursuant to this Agreement, then the Consultant does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Consultant's total compensation the sum of TWO HUNDRED FIFTY and 00/100 DOLLARS ($250.00) for each and every calendar day that the Consultant shall be in default after the time(s) stipulated completion of the task(s) in question, 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 any of the deadlines specified in the Consultant's Scope of Services and schedule for completion in this Agreement. 3.04 The Consultant's services consist of all of the services required to be performed by Consultant, Consultant's employees and Consultant's sub -consultants under the terms of this Contract. Such services include normal civil, structural, mechanical and electrical engineering services, data accumulation and analysis and any other services normally or customarily furnished and reasonably necessary for the Project. The Consultant shall contract and employ at its expense subcontractors necessary for the performance of the Project, and such subcontractors shall be licensed as required by the State of Texas and approved in writing by the City. 3.05 The Consultant shall designate a principal of the firm reasonably satisfactory to the City who shall, for so long as acceptable to the City, be in charge of Consultant's services to be performed hereunder through to completion, and who shall be available for general consultation throughout the Project. Any replacement of that principal shall be approved in writing (which shall not be unreasonably withheld) by the City, prior to replacement. 3.06 Consultant shall be responsible for the coordination of all matters relating to Consultant's performance of services on the Project, including accumulation of data, data analysis, and site visits as necessary and appropriate. Consultant shall be responsible for the completeness and accuracy of all work submitted by or through Consultant and for its compliance with applicable codes, ordinances, regulations, laws and statutes. ARTICLE IV Performance of Work 4.01 Upon the Consultant's receipt from the City of a letter of authorization to commence services, the Consultant shall meet with the City for the purpose of determining the nature of the Project, which may include but is not limited to coordinating project goals, schedules, and deadlines; coordinating data collection; briefing City's management staff; documenting study assumptions and methodologies; devising format for any interim reports; and preparing the final report to the City. The Consultant shall inquire in writing as to the information it believes the City may have in its possession that is necessary for the Consultant's performance. The City shall provide the information within its possession that it can make available to the Consultant. Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 3 Page 192 of 358 The City shall designate a representative to act as the contact person on behalf of the City. 4.02 The Consultant shall determine the City's needs with regard to the Project, including, but not limited to, availability, accumulation and analysis of data, tests, reports, site evaluations, surveys, comparisons with other municipal projects, review of budgetary constraints and other investigations necessary for the Project . 4.03 The Consultant shall perform in a manner that contemplates compliance with all applicable laws, statutes, ordinances, codes and regulations. 4.04 Upon City's request, the Consultant shall meet with City staff, the City Council and/or other City boards and commissions to make a presentation of its services on the Project. 4.05 Consultant's performance of services shall include evaluations of the City's project budget, including preliminary and detailed cost estimates. 4.06 Consultant shall keep the City informed of the progress of the Project and shall guard against any defects or deficiencies in its services. 4.07 Any and all drawings, specifications and other documents prepared, furnished, or both prepared and furnished by or through Consultant pursuant to this Contract ("Work Product") shall be the exclusive property of the City. Upon completion or termination of this Contract, Consultant shall promptly deliver to the City all records, notes, data, memoranda, models, and equipment of any nature that are within Consultant's possession or control and that are the City's property or relate to the City or its business. The City shall be furnished and permitted to retain reproducible copies and electronic versions of Consultant's Work Product and related documents and information relating to the Project. (a) Consultant warrants to City that (i) Consultant has the full power and authority to enter into this Contract, (ii) Consultant has not previously assigned, transferred, or otherwise encumbered the rights conveyed herein. (iii) Work Product is an original work of authorship created by Consultant's employees during the course of their employment by Consultant, and does not infringe on any copyright, patent, trademark, trade secret, contractual right, or any other proprietary right of any person or entity, (iv) Consultant has not published any Work Product (including any derivative works) or any portion thereof outside of the United States, and (v) to the best of the Consultant's knowledge, no other person or entity, except City, has any claim of right, title, or interest in or to the Work Product. (b) Consultant shall not seek to invalidate, attack, or otherwise do anything either by act or omission or commission which might impair, violate, or infringe the title and rights assigned to City by Consultant in this Section 4.07 of the Contract. Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 4 Page 193 of 358 ARTICLE V Conflict of Interest, Lobbying, Political Activities & Additional Obligations of Consultant 5.01 Debarment. As a condition precedent to disbursement of any Federal Funds under this Agreement, Consultant shall provide to the City Consultant's Unique Entity Identifier Number (UEI) and shall be registered on www.sam.gov (or any successor thereto). Consultant will not be eligible to submit any Payment Application unless Consultant's status on sam.gov is active, Consultant has no exclusions, has no delinquent federal debt and has not been declared ineligible, or otherwise excluded, disqualified, debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from doing business with the federal government, State of Texas, or the City. 5.02 Subcontractor Debarment. Consultant shall ensure that all contractors, subcontractors, and vendors utilized by Consultant are properly licensed, and that no such entity is excluded, disqualified, debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from doing business with the federal government, State of Texas, or the City. Consultant shall submit printed verification of such entity's status on www.sam.gov (or any successor thereto) along with the first Payment Application which includes invoices from such contractor, subcontractor, or vendor. In the event the City determines that any contractor, subcontractor, or vendor is excluded, disqualified, debarred, suspended, or is not properly licensed, Consultant shall immediately cause the contractor, subcontractor, or vendor to stop work on the Project. In the event that a contractor, subcontractor, or vendor is excluded, disqualified, debarred, suspended, or is not properly licensed, the City shall be under no obligation to use Funds to pay for any work performed by such party, and any Funds already paid to the contractor, subcontractor, or vendor shall be reimbursed by Consultant to the City within ten (10) days of City's written demand for same. In no event shall this section be construed to be an assumption of any responsibility or liability by City for the determination of the legitimacy, quality, ability, or good standing of any Consultant or subcontractor. 5.03 Conflict of Interest Certification. The certification, attached hereto as Exhibit "E" and incorporated by reference, as completed, executed and submitted by Consultant is a material representation of fact upon which reliance was placed when this Agreement, including each Disbursement of Federal Funds related to this Agreement, was made or entered into. Pursuant to 2 CFR § 200.112 and 24 CFR § 570.611, Consultant must comply with the requirements, prohibitions, and limitations of the City's conflict of interest policies, rules, or regulations and state and federal common law regulating conflicts of interest, which includes but is not limited to a requirement that Consultant must disclose in writing to the City any potential conflict of interest as soon as possible after learning of such conflict. 5.04 Consultant Conflict of Interest Policy. Consultant agrees to abide by the provisions of 2 CFR 200 and 24 CFR 570.611, which include maintaining a written code or standards of conduct governing the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by Federal funds. 5.05 Byrd Anti -Lobbying and Hatch Act Certification. The certification, attached hereto as Exhibit "E" and incorporated by reference, as completed, executed and submitted by Consultant Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 5 Page 194 of 358 is a material representation of fact upon which reliance was placed when this Agreement, including each Disbursement of Federal Funds related to this Agreement, was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. 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. Further, Consultant agrees that no funds provided, nor personnel employed under the Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of 5 U.S.C. Chapter 15. 5.06 Whistleblower Protection. Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing, in accordance with 41 U.S.C. § 4712, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. OR Consultant is responsible for complying with all requirements of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, and also requirements implementing the Act at 2 CFR parts 25 and 170. This also includes statutory requirements for whistleblower protections at 10 U.S.C. 2409, 41 U.S.C. 4712, and 10 U.S.C. 2324, 41 U.S.C. 4304 and 4310. 5.07 False Statements. Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Consultant's actions pertaining to this Agreement. False statements or claims may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Except as otherwise provided under federal law, any person who knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme, or device or who makes any materially false, fictitious, or fraudulent statement or representation or who makes or uses any false writing or document despite knowing the writing or document to contain any materially false, fictitious, or fraudulent statement or entry shall be prosecuted under Title 18, United States Code, § 1001. Consultant shall provide notice of this requirement to its contractors, subcontractors, and vendors that perform any portion of the Services on the Project. 5.08 The City may use documents prepared by Consultant for future projects. The City may elect to use the Consultant to perform such future project; however, if the City elects to use a different professional to perform such future project, that professional will be entitled to use, to the extent allowed by law, the Work Product, including the methodology, analysis or calculations used in performing the work hereunder. The Consultant will not be responsible for errors and Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 6 Page 195 of 358 omissions of a subsequent architect or engineer. The provisions of this section shall termination of the Contract. 5.09 In the event of termination of this Contract for any reason, the City shall receive all Work Product and original documents prepared to the date of termination and shall have the right to use those documents and any reproductions in any way necessary to complete the Project. 5.10 The Consultant may use portions of the Work Product relating to this Project on other projects, but Project work shall not be used as a whole without prior written authorization by the City. The Consultant shall not use City -furnished forms, conditions, and other documents on other proj ects. ARTICLE VI Change Orders, Documents & Materials 6.01 No changes shall be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid except upon the prior written order from authorized personnel of the City. The Consultant shall not execute change orders on behalf of the City or otherwise alter the financial scope of the Project. The schedules, milestones, timelines, and deadlines contained in this Contract, and the Scope of Services shall not be modified except by written change order. After a written change order is approved and fully executed by all parties, the Consultant shall submit an updated schedule that reflects changes authorized by approved change orders. 6.02 When the original contract amount plus all change orders is $100,000 or less, the City Manager or his delegate may approve the written change order provided the change order does not increase the total amount set forth in the contract to more than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council must approve such change order prior to commencement of the services. 6.03 When the original contract amount plus all change orders is equal to or greater than $100,000, the City Manager or his delegate may approve the written change order provided the change order does not exceed $50,000 and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract, the City Council must approve such change order prior to commencement of the services or work. Thereafter, any additional change orders exceeding $50,000 or any additional change orders totaling 25 percent following such council approval, must be approved by City Council. 6.04 Any request by the Consultant for an increase in the Scope of Services and an increase in the amount listed in Article Two of this Contract shall be made and approved by the City prior to the Consultant providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Consultant agrees Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 7 Page 196 of 358 to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute. ARTICLE VII Warranty, Indemnification & Release 7.01 As an experienced and qualified professional, the Consultant warrants that the information provided by the Consultant reflects the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. The Consultant warrants that the services performed for the Project and the Work Product generated, including studies, reports, analyses, calculations, the designation or recommendation of materials and equipment, the selection and supervision of personnel, and the performance of all other services under this Contract are performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. Approval of the City shall not constitute, or be deemed, a release of the responsibility and liability of the Consultant, its employees, agents, or associates for the exercise of skill and diligence to promote the accuracy and competency of their Work Product nor shall the City's approval be deemed to be the assumption of responsibility by the City for any defect or error in the aforesaid Work prepared by the Consultant, its employees, associates, agents, or subcontractors. 7.02 The Consultant shall promptly correct any defective Work Product, including errors or deficiencies, at no cost to the City. The City's approval, acceptance, use of, or payment for, all or any part of the Consultant's services hereunder or of the Project itself shall in no way alter the Consultant's obligations or the City's rights hereunder. 7.03 In all activities or services performed hereunder, the Consultant is an independent contractor and not an agent or employee of the City. The Consultant and its employees are not the agents, servants, or employees of the City. As an independent contractor, the Consultant shall be responsible for the professional services and the final Work Product contemplated under this Contract. Except for materials furnished by the City, the Consultant shall supply all materials, equipment, and labor required for the professional services to be provided under this Contract. The Consultant shall have ultimate control over the execution of the services it is to provide under this Contract. The Consultant shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees or subcontractors, and the City shall have no control of or supervision over the employees of the Consultant or any of the Consultant's subcontractors. 7.04 The Consultant must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and other persons, as well as its personal property, while performing work on the Project including during any site visits. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of the Consultant, its officers, employees, agents, subcontractors, invitees, licensees, and other persons. Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 8 Page 197 of 358 7.05 Indemnity. (a) To the fullest extent permitted by law, Consultant agrees to indemnify and hold harmless the City, its Council members, officials, officers, agents, employees, and volunteers (separately and collectively referred to in this paragraph as "Indemnitee") from and against all claims, damages, losses and expenses (including but not limited to attorney's fees) arising out of or resulting from any negligent act, error or omission, intentional tort or willful misconduct, intellectual property infringement or including failure to pay a subconsultant, subcontractor, or supplier pursuant to this Contract by Consultant, its employees, subcontractors, subconsultants, or others for whom Consultant may be legally liable ("Consultant Parties"), but only to the extent caused in whole or in part by the Consultant Parties. IF THE CLAIMS, ETC. ARE CAUSED IN PART BY CONSULTANT PARTIES, AND ALSO IN PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OR ALL OF THE INDEMNITEES OR ANY OTHER THIRD PARTY, THEN CONSULTANT SHALL ONLY INDEMNIFY ON A COMPARATIVE BASIS, AND ONLY FOR THE AMOUNT FOR WHICH CONSULTANT PARTIES ARE FOUND LIABLE AND NOT FOR ANY AMOUNT FOR WHICH ANY OR ALL INDEMNITEES OR OTHER THIRD PARTIES ARE LIABLE. (b) Consultant shall procure liability insurance covering its obligations under this section. (c) It is mutually understood and agreed that the indemnification provided for in this Section 7.05 shall indefinitely survive any expiration, completion or termination of this Contract. 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. 7.06 Release. The Consultant releases, relinquishes, and discharges the City, its Council members, officials, officers, agents, employees, and volunteers from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Consultant or its employees and any loss of or damage to any property of the Consultant or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Consultant's work to be performed hereunder. Both the City and the Consultant expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Consultant or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Consultant, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 9 Page 198 of 358 7.07 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification, release or other obligations under Sections 7.05 and 7.06, such legal limitations are made a part of the obligations and shall operate to amend same to the minimum extent necessary to bring the provision(s) into conformity with the requirements of such limitations, and as so modified, the obligations set forth therein shall continue in full force and effect. ARTICLE VIII Insurance 8.01 General. The Consultant shall procure and maintain at its sole cost and expense for the duration of this Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, volunteers, employees or subcontractors. The policies, limits and endorsements required are as set forth on below. During the term of this Contract Consultant's insurance policies shall meet the minimum requirements of this Article. 8.02 Types. Consultant shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Workers' Compensation/Employer's Liability. (d) Professional Liability. 8.03 Certificates of Insurance. For each of these policies, the Consultant's insurance coverage shall be primary insurance with respect to the City, its officials, agents, employees and volunteers. Any self-insurance or insurance policies maintained by the City, its officials, agents, employees and volunteers, shall be considered in excess of the Consultant's insurance and shall not contribute to it. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Contract, attached hereto as Exhibit "C", and approved by the City before any letter of authorization to commence planning will issue or any work on the Project commences. 8.04 General Requirements Applicable to All Policies. The following General Requirements 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. (c) "Claims made" policies will not be accepted, except for Professional Liability insurance. Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 10 Page 199 of 358 (d) Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits of liability except after thirty (30) calendar days prior written notice has been given to the City of College Station. (e) The Certificates of Insurance shall be prepared and executed by the insurance carrier or its authorized agent on the most current State of Texas Department of Insurance -approved forms. 8.05 Commercial General Liability Requirements. The following Commercial General Liability requirements shall apply: (a) Coverage shall be written by a carrier rated "A:VIII" or better in accordance with the current A. M. Best Key Rating Guide. (b) Minimum Limit of $1,000,000 per occurrence for bodily injury and property damage with a $2,000,000 annual aggregate. (c) No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. (d) The coverage shall not exclude premises/operations; independent contracts, products/completed operations, contractual liability (insuring the indemnity provided herein), and where exposures exist, Explosion Collapse and Underground coverage. (e) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 8.06 Business Automobile Liability Requirements. The following Business Automobile Liability requirements shall apply: (a) Coverage shall be written by a carrier rated "A:VIII" or better in accordance with the current. A. M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned autos, leased or rented autos, non -owned autos, any autos and hired autos. (e) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 8.07 Workers' Compensation/Employers Liability Insurance Requirements. The following Workers' Compensation Insurance requirements shall apply; and the term "contractor" shall be construed to mean "consultant" as identified in this Contract: (a) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Consultant, the Consultant, 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 Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 11 Page 200 of 358 directly through their employer's policy (the Consultant'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, Consultants 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) The workers' compensation/Employer's Liability insurance shall include the following terms: i. Employer's Liability limits of $1,000,000 for each accident is required. ii. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. iii. Texas must appear in Item 3A of the Worker's 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. 8.08 Professional Liability Requirements. The following Professional Liability requirements shall apply: (a) Coverage shall be written by a carrier rated "A:VIII" or better in accordance with the current A.M. Best Key Rating Guide. (b) Minimum of $1,000,000 per claim and $2,000,000 aggregate, with a maximum deductible of $100,000.00 Financial statements shall be furnished to the City of College Station when requested. (c) Consultant must continuously maintain professional liability insurance with prior acts coverage for a minimum of two years after completion of the Project or termination of this Contract, as may be amended, whichever occurs later. Coverage under any renewal policy form shall include a retroactive date that precedes the earlier of the effective date of this Contract or the first performance of services for the Project. The purchase of an extended discovery period or an extended reporting period on this policy will not be sufficient to comply with the obligations hereunder. (d) Retroactive date must be shown on certificate. ARTICLE IX Termination 9.01 At any time, the City may terminate this Contract for convenience, in writing. At such time, the City shall notify Consultant, in writing, who shall cease work immediately. Consultant shall be compensated for the services performed prior to the termination date. In the event the City terminates this Contract for convenience, the City shall pay Consultant for the services performed and expenses incurred prior to the date of termination. 9.02 No term or provision of this Contract shall be construed to relieve the Consultant of liability Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 12 Page 201 of 358 to the City for damages sustained by the City because of any breach of contract and/or negligence by the Consultant. The City may withhold payments to the Consultant for the purpose of setoff until the exact amount of damages due the City from the Consultant is determined and paid. ARTICLE X Miscellaneous Terms 10.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 10.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: City of College Station Attn: Carol Cotter PO BOX 9960 1101 Texas Ave College Station, TX 77842 ccotter(Zi Cstx.goV J.M. TORRES, LLC ASSOCIATES, LLC d/b/a Torres Associates, LLC Attn: Jacob Torres 4030 Highway 6 South, Suite 220 College Station, Texas 77845 j mtorresassociatesllc. com 10.03 No action or failure to act by the City shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. No waiver of any provision of the Contract shall be of any force or effect, unless such waiver is in writing, expressly stating to be a waiver of a specified provision of the Contract and is signed by the party to be bound thereby. In addition, no waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition and shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with the Contract or any portion or provision or right under the Contract. 10.04 This Contract represents the entire and integrated contract between the City and the Consultant and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 10.05 This Contract and all rights and obligations contained herein may not be assigned by the Consultant without the prior written approval of the City. 10.06 Invalidity. If any provision of this Contract shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Contract with legal terms and conditions approximating the original intent of the parties. Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 13 Page 202 of 358 10.07 Prioritization. Consultant 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 Consultant to this Contract as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Consultant. In either case, the applicable law or the applicable provision of this Contract excluding such conflicting addition by Consultant shall prevail. The parties understand this section comprises part of this Contract without necessity of additional consideration. 10.08 The Consultant, its agents, employees, and subconsultants must comply with all applicable federal and state laws, the charter and ordinances of the City of College Station, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Consultant must obtain all necessary permits and licenses required in completing the services required by this Contract. 10.09 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. If there is a conflict between a provision in any documents provided by Consultant made a part of this Contract and any other provision in this Contract, the latter controls. 10.10 This Contract goes into effect when duly approved by all the parties hereto. 10.11 Notice of Indemnification. City and Consultant hereby acknowledge and agree that this Contract contains certain indemnification obligations and covenants. 10.12 Verification No Boycott of Israel. This Contract is subject to §2270.002 Texas Government Code and Consultant verifies that it (i) does not boycott Israel and (ii) will not boycott Israel during the term of this Contract. 10.13 Verification No Boycott of Firearms. This Contract is subject to § 2274.002 Texas Government Code and Consultant verifies that it (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and 10.14 Verification No Boycott of Energy Companies. Subject to § 2274.002 Texas Government Code, Consultant herein verifies that it (i) does not boycott energy companies; and (ii) will not boycott energy companies during the term of this Contract. 10.15 Foreign Terrorist Organizations. Consultant represents that it: (i) does not engage in business with Iran, Sudan, or any foreign terrorist organization, and (ii) is not listed by the Texas Comptroller pursuant to § 2252.153 Texas Government Code as a company known to have contracts with or provide supplies or services to a foreign terrorist organization, where in each case "foreign terrorist organization" has the meaning give such term in § 2252.151 Texas Government Code. 10.16 Force Majeure. Force majeure shall be any acts of God or the public enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 14 Page 203 of 358 purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any other cause, whether or not of the class of kind specifically named or referred to herein, not within the reasonable control of the Party affected. A delay in or failure of performance of either Party shall not constitute a default hereunder nor be the basis for, or give rise to, any claim for damages, if and to the extent such delay or failure is caused by force majeure. 10.17 Virtual Payment Method. For increased payment and financial information security, the Consultant 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 Consultant. Any related reasonable fees paid by the Consultant for use of the virtual payment card system or digital payment system may be passed through to the City. 10.18 Fraud Reporting. To reduce the risk of fraud and to protect the Consultant's financial information from fraud, the Consultant must report to the City in writing at VendorInvoiceEntrvncstx.gov if the Consultant reasonably suspects or knows if any of their financial information has been subject to fraudulent activity or suspected fraudulent activity. List of Exhibits A. Scope of Services B. Payment Schedule C Certificates of Insurance D. Federal Requirements E. Conflict of Interest and Byrd Anti -Lobbying Certification Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 15 Page 204 of 358 J.M. Torres Associates, LLC d/b/a TORRES ASSOCIATES, LLC CITY OF COLLEGE STATION By: J\�"" By: City Manager Printed Name: Jacob Torres Date: Title: Managing Partner_ Prinnipal Date:8/10/2026 Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 APPROVED: V tira ►�Itvt . �, City Attorney Date: 8/12/2026 Assistant City Manager/CFO Date: 8/10/2026 Page 16 Page 205 of 358 EXHIBIT A SCOPE OF SERVICES Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 17 Page 206 of 358 EXHIBIT A TO RRES ASSOCIATES ENGINEERS I SCIENTISTS I PROFESSIONALS June 24th, 2026 Ms. Carol Cotter, PE, CFM City Engineer I Planning & Development Services 1101 Texas Avenue College Station, Texas 77842 Reference: City of College Station — Citywide 2D Flood Hazard Assessment — Community Development Block Grant — Mitigation ("CDBG-MIT") Dear Ms. Cotter, PE, CFM, Torres Associates ("Torres") is pleased to submit this proposal to the City of College Station ("City") — Planning & Development Services to assess the flood hazard in areas of the City that may have outdated flood risk information and are experiencing rapid growth, potentially encroaching into unmapped floodplains. This project will be partially funded by the U.S. Department of Housing and Urban Development's ("HUD") Community Development Block Grant Mitigation ("CDBG-MIT"). The analysis will be based on readily available data (e.g., 2025 TWDB LiDAR, geospatial drainage data, models, etcetera). The outcomes of this analysis will aim to identify areas of high flood risk for potentially supporting the City's prioritization framework for future detailed analysis and re -mapping of the floodplain. The watersheds included in the study are summarized below: • Watersheds included in the Study: o Alum Creek (approx. 4.6 square miles of study area) o Bee Creek (approx. 8.8 square miles of study area) o Burton Creek (approx. 1.2 square miles of detailed study area)' o Carters Creek (approx. 21.5 square miles of detailed study area)' o Hopes Creek (approx. 10.3 square miles of study area) o Lick Creek (approx. 9.0 square miles of study area) o Peach Creek (approx. 28.0 square miles of study area) o Spring Creek (approx. 3.9 square miles of study area) o Turkey Creek (approx. 1.0 square miles of detailed study area)' o Whites Creek (approx. 11.5 square miles of study area) o Wolf Pen Creek (approx. 3.0 square miles of study area) 'These watersheds are located partially within the City of College Station. The full watershed will be modeled, however only the portion of the watershed within the City Limits will be included in the detailed modeling effort. Detailed modeling includes the incorporation of breaklines, bridge structures where available, refined model area, manning's n-value regions, and other pertinent modeling detail. The following tasks describe the proposed scope of these Basic Services: which include Project Management, Data Collection, Hydrologic Analysis, Hydraulic Analysis, Flood Risk Identification, Quality Control, and Reporting. 1. Project Management. This includes routine coordination and administration. Torres proposes up to nine (9) one -hour meetings throughout the project's 8-month duration. This can include one (1) kick-off meeting, followed by eight (8) one -hour monthly meetings (virtual or in -person meetings). 4030 Highway 6 South, Suite 220 • College Station, Texas 77845 • www.torresassociatesllc.com Page 207 of 358 Ms. Carol Cotter, PE, CFM City of College Station — Planning & Development Services June 24th, 2026 Page 2 2. Data Collection. Torres will collect the best available relevant data from the City. This data includes but is not limited to: a. Field Survey. Torres will perform up to two (2) site visits to visually inspect undocumented hydraulic structure crossings as well as field reconnaissance of specific channel sections. The focus of the field survey will be on channels with limited prior study and experiencing high rates of development. b. Geospatial Drainage Data. Bridge crossings, regulatory floodplain data, as -built data. c. Watershed Models. HEC-HMS and HEC-RAS models, most notably those models stemming from the City's Master Drainage Plan by Freese & Nichols, Inc. d. Structure Inventory. BCAD parcel data, building footprints, finished floor elevations (Note: when associated with modeled ponding depths, this data provides added context on localized flood risks in a relatable manner (i.e. number of building structures flooded, area of flooding outside public right-of-way [ROW]). e. Terrain Curation. Torres will obtain 2025 TWDB LiDAR from the City for the assigned watersheds and review for major discrepancies due to recent development or other inaccuracies in the base data. Adjustments for minor discrepancies and developmental changes are not anticipated. f. Flood Claim, Repetitive Loss, and/or Nuisance Flood Complaints. This data can be used for reinforcing and validating computed model results. g. Rainfall. Precipitation will be based on the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 rainfall depth -duration data for a 24-hour storm using a National Resource Conservation Service (NRCS) Type III storm distribution, where peak intensity occurs near hour twelve. 3. Hydrology. Torres will develop HEC-HMS models of each of the watersheds within the City limits. General H&H methodologies — such as infiltration methods - will follow the Cities of Bryan and College Station Unified Stormwater Design Guidelines. Torres — in coordination with the City — will include the evaluation of up to six (6) storm events. These storms will include the 500yr, 100yr, 25yr, 10yr, 100yr minus 10yr to estimate storm sewer capacity, and 2yr rainfalls (24-hour durations). a. Watershed Delineation. Torres will refine watershed boundaries for each of the watersheds being analyzed. The delineations will consist of the contributing drainage area developed using ArcHydro tools along with LIDAR, known drainage patterns, and engineering judgment. b. Hydrologic Analysis. Torres will conduct a hydrologic analysis using HEC-HMS version 4.3 or newer. The analysis will include the Atlas 14 updated 500yr, 100yr, 25yr, 10yr, and 2yr rainfalls (24-hour durations). General hydrologic methodologies will follow the Cities of Bryan and College Station Unified Stormwater Design Guidelines. Hydrologic models 4030 Highway 6 South, Suite 220 • College Station, Texas 77845 • www.torresassociatesllc.com Page 208 of 358 Ms. Carol Cotter, PE, CFM City of College Station — Planning & Development Services June 24th, 2026 Page 3 will be generated for the full watershed area and not on an individual drainage area basis. 4. Hydraulics. Hydraulic analysis will be carried out using HEC-RAS version 6.4.1 or newer. LIDAR and survey data will be imported into HEC-RAS for developing the 2D model area. This includes bridge and culvert information. Other characteristics such as n-values, bridge burnouts, and breaklines will also be included. Direct rainfall will be applied directly to the 2D area with infiltration conducted within the HEC-RAS model. Downstream boundary conditions will be based on the best available data. Each watershed will have a standalone hydraulic model comprising the full analysis. a. Hydraulic Model Development. Hydraulic analysis and water surface profile calculations will be carried out using HEC-RAS version 6.4.1 or later. LIDAR and survey data will be imported into HEC-RAS for developing the 2D model area. This includes bridge and culvert information. Other characteristics such as n-values, bridge burnouts, and breaklines will also be included. Breaklines will comprise major roadways, channel centerlines, channel banks, significant detention ponds, and other major topographic details. Detention ponds will not be explicitly modeled in this effort. Direct rainfall will be applied directly to the 2D area with infiltration conducted within the HEC-RAS model. Downstream boundary conditions will be based on the best available data. Each watershed will have a standalone hydraulic model comprising the full analysis. b. Existina Conditions Metrics. Torres will compute metrics based on the results of the hydraulic model. These metrics can be used to support identification of high flood risk areas. Metrics can include flooded structures, flooded roadways, areas of high inundation, and areas of high velocities. Metrics can be computed for each of the analyzed storm events. 5. Flood Risk Identification —Torres will utilize the hydrologic and hydraulic model and existing flood risk data to identify areas within the studied watersheds with high flood risk that do not match well to the existing flood risk data. a. Flood Risk Area Identification. Torres will utilize the results from the HEC-RAS model to identify areas of high flood risk within the City along with areas that do not match well with existing flood risk data. These areas can be areas of significant structural flooding, low-water crossings, major roadway inundation, and flooding outside of the City's public ROW. b. Flood Risk Area Prioritization. Torres will develop a prioritization ranking of each watershed based on the flood risk determined by the hydraulic analysis and the magnitude of discrepancies between the existing flood risk data and the hydraulic analysis. 6. Quality Control. Torres will apply appropriate quality control measures for hydrology and hydraulic technical calculations appropriate for the HEC-HMS, HEC-RAS, and best practices. Documentation of quality control measures will be included as an appendix in the final report. 4030 Highway 6 South, Suite 220 • College Station, Texas 77845 • www.torresassociatesllc.com Page 209 of 358 Ms. Carol Cotter, PE, CFM City of College Station — Planning & Development Services June 24th, 2026 Page 4 7. Reporting & Product Delivery. Reporting will come in the form of a technical report and will describe the methodology performed, assumptions applied, reported drainage problems, channel capacity issues, and potential recommendations. A draft report will be revised per one (1) round of comments from the City. Model output and exhibits will be created after all modeling iterations have been completed. Torres will also submit a geodatabase (or GIS map package) containing modeled output involving maximum water surface elevations, depths, and velocity for the storms analyzed. We propose to complete these services on a time and materials basis in the amount of $185,600.00. The project completion is anticipated within 10 months from Notice -to -Proceed and we are prepared to begin this task immediately. Aspects of the proposed modeling effort can be expedited to meet the City's immediate needs. Please feel free to contact me at 361-542-1027 or by email at imtorres@torresassociateslIc.com if you have any additional questions. We look forward to working with the City of College Station — Public Works Department on this unique project! Sincer Jacob orres, PhD, PE, CFM, BC.WRE Managing Partner, Principal Torres Associates ATTACHMENTS: Exhibit A — Fee Schedule ASSUMPTIONS • Topographic Field Survey. Torres will rely primarily on LIDAR data for overbank topographic detail — and to the extent possible — application of LIDAR for channel detail and reuse of survey data collected from prior studies. However, should the need for additional survey arise, Torres can estimate the level of effort required to obtain sufficient data and solicit the City's approval to enter subcontract negotiations. The specific level of effort will be detailed in the future with City such as channel survey. • Bridge "Burnouts." For creek crossings on unstudied channels, bridges will be "burned out" where no information is available for the configuration of the bridge. The process of "bridge burnouts" entails omitting bridge crossings (and related head loss) and smoothing the channel flow lines to ensure gradually varied water surface profile. • Boundary Conditions. Downstream watershed limits will terminate just upstream of the confluence of Carters Creek, the Navasota River, or the Brazos River. Downstream boundary conditions will be based on the best available information including BLE data, FEMA FIRM information, or other best available data. • Master Drainage Plan. The proposed fee is contingent on receiving finalized data products in good working condition regarding the City's latest Master Drainage Plan (i.e. reports, exhibits, and models [HEC-HMS and HEC-RAS]). 4030 Highway 6 South, Suite 220 • College Station, Texas 77845 • www.torresassociatesllc.com Page 210 of 358 Ms. Carol Cotter, PE, CFM City of College Station — Planning & Development Services June 24th, 2026 Page 5 TASKS EXCLUDED: • Model calibration to historical storm events • Detailed survey of channel systems and drainage infrastructure • FEMA LOMR submittal • Proposed conditions modeling 4030 Highway 6 South, Suite 220 • College Station, Texas 77845 • www.torresassociatesllc.com Page 211 of 358 EXHIBIT B PAYMENT TERMS SELECT ONE: ❑ Compensation is based on actual hours of work/time devoted to providing the described professional services. The Consultant will be paid at a rate of $ per hour, or at the rates per service or employee shown below. The City will reimburse the Consultant for actual, non -salary expenses at the rate of percent ( %) above the Consultant's actual costs, or at the rates set forth below. Unless amended by a duly authorized written change order, the total payment for all invoices on this job, including both salary and non - salary expenses, shall not exceed the amount set forth in paragraph 2.01 of this Contract: ($ 1. The Consultant must submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. -OR- 0 Payment is a fixed fee in the amount listed in paragraph 2.01 of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The Consultant may submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. Schedule of Payment for each phase: See fee schedule on next page. Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 18 Page 212 of 358 89£ 30 £ l Z a6ed EXHIBIT A - FEE SCHEDULE CITY OF COLLEGE STATION CITYWIDE 2D FLOOD HAZARD ASSESSMENT TO RRES ASSOCIATES 1 DESCRIPTION OF WORK TASKS Contract Labor Rate Project Management PRINCIPAL $289.00 2 SENIOR PROJ MGR I $244.00 24 SR ENG III $226.00 16 ENG IV $140.00 ENG II $129.00 ENG I $116.00 BUSINESS COORD IV $148.00 4 TOTAL HOURS 46 TOTAL LABOR COSTS $ 10,642.00 2 Data Collection (e.g. Geospatial Data, Existing Models, Structure Inventory, Terrain Data, Flood Claims) 2 16 32 32 82 $ 11,944.00 $ 6,448.00 $ 8,904.00 3 a b Hydrology Watershed Delineation Hydrologic Analysis 8 12 48 40 48 60 4 Hydraulics a Hydraulic Model Development i Alum Creek (approx. 4.6 sq. mi.) ii Bee Creek (approx. 8.8 sq. mi.) Burton Creek (approx. 1.2 sq. mi. of detailed study) iv Carters Creek (21.5 sq. mi. of detailed study) v Hopes Creek (10.3 sq. mi.) vi Lick Creek (9.0 sq. mi.) vii Peach Creek (28.0 sq. mi.) viii Spring Creek (3.9 sq. mi.) ix Turkey Creek (1.0 sq. mi. of detailed study) x Whites Creek (11.5 sq. mi.) xi Wolf Pen Creek (3.0 sq. mi.) b Existing Conditions Metrics 4 Documentation & Reporting a Hydraulic Model Development Alum Creek (approx. 4.6 sq. mi.) Bee Creek (approx. 8.8 sq. mi.) iii Burton Creek (approx. 1.2 sq. mi. of detailed study) iv Carters Creek (21.5 sq. mi. of detailed study) v Hopes Creek (10.3 sq. mi.) vi Lick Creek (9.0 sq. mi.) vii Peach Creek (28.0 sq. mi.) viii Spring Creek (3.9 sq. mi.) ix Turkey Creek (1.0 sq. mi. of detailed study) x Whites Creek (11.5 sq. mi.) xi Wolf Pen Creek (3.0 sq. mi.) b Flood Risk Area Prioritization 4 8 4 16 8 8 16 4 4 8 4 16 8 32 48 32 60 48 48 60 32 32 48 32 80 2 8 2 16 2 8 2 24 2 16 2 16 2 24 2 8 2 8 2 16 2 24 8 40 36 $ 5,032.00 56 $ 8,000.00 36 $ 5,032.00 76 $ 11,356.00 56 $ 8,000.00 56 $ 8,000.00 76 $ 11,356.00 36 $ 5,032.00 36 $ 5,032.00 56 $ 8,000.00 36 $ 5,032.00 96 $ 12,896.00 10 $ 1,380.00 18 $ 2,308.00 10 $ 1,380.00 26 $ 3,236.00 18 $ 2,308.00 18 $ 2,308.00 26 $ 3,236.00 10 $ 1,380.00 10 $ 1,380.00 18 $ 2,308.00 10 $ 1,380.00 72 $ 12,016.00 lir 5 Quality Control 40 40 $ 5,600.00 411.11- 6 Reporting and Project Delivery 4 24 40 16 84 $ 13,416.00 i I TOTAL TOTAL HOURS Contract Labor Rate TOTAL LABOR COSTS (BASIC SERVICES) Total Contract 2 38 $289.00 $244.00 $578.00 $9,272.00 222 $226.00 $50,172.00 40 592 $140.00 $129.00 $5,600.00 $76,368.00 360 $116.00 $41,760.00 4 $148.00 $592.00 1,258 $ 185,600.00 $185,600.001 Page 1 of 1 EXHIBIT C CERTIFICATE(S) OF INSURANCE Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 19 Page 214 of 358 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/5/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Risk Specialty Group, LLC 675 Bering Dr, Ste. #175 Houston TX 77057 INSURED J.M. Torres & Associates, LLC Dba Torres Associates 3515-B Longmire Drive PMB 147 College Station TX 77845 COVERAGES NAME: Leah Calloway PHONE 713-552-1900 INC. No. Extl: E-MAIL ADDRESS: Ialloway@riskspecialtygroup.com (FAX No): 713-513-5411 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : RLI Insurance Company JMTORRE-01 INSURER B : I INSURER C : I INSURER D : I INSURER E : I INSURER F : CERTIFICATE NUMBER: 342763880 REVISION NUMBER: 13056 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 LTR A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN- 'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT LOC OTHER: A AUTOMOBILE LIABILITY X ANY AUTO - OWNED AUTOS ONLY X HIRED AUTOS ONLY A X UMBRELLA LIAB SCHEDULED AUTOS NON -OWNED AUTOS ONLY EXCESS LIAB DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE Y/N ADDL SUBR INSD WVD POLICY NUMBER N/A POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) PSB0008419 7/23/2026 7/23/2027 PSA0003669 6/14/2026 6/14/2027 PSE0004182 7/23/2026 7/23/2027 PSW0004688 7/23/2026 7/23/2027 A Professional Liability RDP0063083 7/23/2026 7/23/2027 "claims made" LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE $ 1,000,000 $ 1,000,000 $ 10,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 Per Claim Limit $2,000,000 Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as additional insured and provided on a primary & non-contributory basis regarding the General Liability & Auto Liability policies if required by written contract. A waiver of subrogation is provided on the General Liability, Auto Liability & Workers Compensation policies if required by written contract. Umbrella is follow form. Professional Liability Policy Retroactive Date is 7/23/2019. CERTIFICATE HOLDER CANCELLATION City of College Station 1101 Texas Ave College Station TX 77840 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 215 of 358 EXHIBIT D FEDERAL REQUIREMENTS Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 20 Page 216 of 358 EXHIBIT D FEDERAL REQUIREMENTS — CDBG-MIT ADMINISTERED THROUGH GLO ARCHITECTURAL/ENGINEERING SERVICES CONTRACT PROVISIONS (non -construction projects) NOTE: City reserves the right to modify and update this exhibit in its sole discretion upon written notice to Consultant in order to comply with federal law and City's obligations as recipient of federal funds The agreement to which this Exhibit is attached, Contract No. 26300745 (the "Agreement") has been or is anticipated to be funded in whole or in part with federal funds, as such term is defined in the Agreement ("Federal Funds"), a portion of was awarded to the City by the U.S. Department of Housing and Urban Development's ("HUD"), and a portion of which was awarded to the City by the Texas General Land Office ("GLO") from an award to GLO by HUD (collectively with GLO when applicable, "Federal Agency") pursuant to the Community Block Development Grant ("CDBG") and the Community Block Development Grant mitigation ("CDBG-MIT") program, through CDBG-MIT Federal Award Number B-18-DP-48-0002, awarded January 12, 2021, as may be amended from time to time, administered by GLO as Community Development Block Grants (Catalog of Federal Domestic Assistance Number 14.228, "Community Development Block Grants/State' s program and Non -Entitlement Grants in Hawaii"), subject to certain terms and conditions required by Federal Agency under both: (i) HUD Funding Agreement for funds awarded to the City on 10/1/2025; and (ii) GLO CONTRACT NO. 24-065-155-F070 between the City as a subrecipient and GLO (collectively, "Grant Terms"). The CDBG-MIT program shall refer to both the CDBG program and the CDBG-MIT program, collectively. In the event of a conflict between the CDBG program requirements and the CDBG-MIT program requirements, the most stringent requirement shall apply. The non -City Party to the Agreement ("Consultant") is a "contractor" as such term is defined in 2 CFR 200.1, procured by the City of College Station ("City" or "Recipient") to provide architectural/engineering (A/E) professional services in accordance with the Agreement for a project funded in whole or in part with Federal Funds (the "Project"). Consultant must comply, and assist the City in complying, with the Federal Requirements, as such term is defined in the Agreement, which include but are not limited to all duties, requirements, and obligations imposed on Consultant (or the City that are passed through to Consultant pursuant to the Grant Terms) by the applicable requirements of this Exhibit, the CDBG-MIT program requirements% Grant Terms, and any HUD or GLO-issued technical guidance (Collectively, the "Federal Requirements"). Consultant agrees it is its responsibility to keep itself fully informed of 1 Applicable CDBG-MIT program (inclusive of CDBG program) regulations include Title 24 of the Code of Federal Regulations ("CFR"), Part 570, Subparts A, C, J, and K. 24 CFR Subparts D, E, F, G, and I are applicable to activities funded under entitlement grants, special purpose grants, Small Cities and Insular Areas programs, Urban Development Action Grants, and State CDBG-MIT program regulations applicable for financial assistance with funds appropriated under the Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018 (Public Law 115- 123), enacted on February 9, 2018, for necessary expenses for Activities authorized under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. § 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, mitigation, and affirmatively furthering fair housing, in accordance with Executive Order 12892, in the most impacted and distressed areas resulting from major declared disasters that occurred in 2015, 2016, or 2017 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.). Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 1 Page 217 of 358 and in compliance with Federal Requirements and to provide all notices as required by law; provided, however, Consultant is not responsible for compliance with the Federal Requirements by the general contractor on the Project unless the Agreement expressly provides otherwise. Consultant shall make a good faith effort to ensure any deliverables provided to the City by Consultant under the Agreement comply with and reference the Federal Requirements, to the extent such requirements are applicable to either the Project or work performed by services contractors under the deliverables provided by Consultant. Consultant's Subcontracts on any tier, if any, must contain a provision making them subject to all applicable provisions of the Federal Requirements, including but not limited to the requirements of this Exhibit and the Agreement. I. PROJECT SPECIFIC REQUIREMENTS A. City is engaging Consultant to provide the architectural and/or engineering services under the Agreement in order to assist the City in achieving the tMI-Area Benefit activities (24 CFR 570.208(a)(11) and Urgent Need Mitigation under state program (the "Objective"), to be achieved by completion of the Project. B. The Environmental Clearance from the Federal Agency applicable to these Federal Funds and the Project is not required pursuant to 24 CFR 58. C. The Authorization to Use Grant Funds ("AUGF") applicable to these Federal Funds and the Project is not required pursuant to 24 CFR 58. D. The Project is not with reference to waiver or 2 CFR 184.8 or other statutory exception subject to the Build America, Buy America Act ("BABA"), enacted as part of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, and Contractor agrees to comply with BABA. E. The services provided under the Agreement and work to be provided by the general contractor on the Project must be in strict conformance with the Grant Terms, including but not limited to the following deadlines, benchmarks and/or budget limitations: Notwithstanding the term of the Agreement or approved schedule, all work on the Project shall be completed and all documentation, invoices, payment applications and final certifications shall be submitted no later than May 31, 2027. F. This work provided under the Agreement must be in strict conformance with the Grant Terms, including the limitations on the scope and location of the work to the following Infrastructure Activities and locations: MIT- Planning and Capacity Building - Planning Study - Flood Hazard Assessment — assessing floodplain hazards citywide, which will determine the scale of floodplain mapping and remapping. II. GENERAL OBLIGATIONS UNDER FEDERAL REQUIREMENTS The Federal Requirements for the City's CDBG-MIT program (inclusive of the CDBG program) generally include, without limitation, compliance by Consultant and the Project, as applicable, with the following laws and regulations: • National Objectives under 24 CFR 570.204 (Area Benefit; Limited Clientele; Housing Activities; Prevention or Elimination of Slums or Blight; Urgent Need); Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 2 Page 218 of 358 • Eligible activities and costs under 24 CFR 570.201-.2072; • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR 2003; • Grant administration requirements4 under 24 CFR 570 Subpart J, including, without limitation, requirements for; o Records submission and maintenance; o Program Income reporting; o Reversion of assets; o Debarment, suspension, and remedies; • 24 CFR 570 Subpart K requirements, including, without limitation, requirements for; o Fair Housing Act and title VI of the Civil Rights Act; o Affirmatively furthering fair housing; o Equal Employment Opportunity and Section 3; o Non -discriminations; o Labor standards6; o Environmental Standards under 24 CFR Part 587; o National Flood Insurance Program under 24 CFR 570.605; o Relocation assistance under 24 CFR 570.6068; o Lead -based paint9; o Prohibition on use of debarred, suspended, or ineligible contractors or subrecipients under 24 CFR 570.609; o Conflicts of interest under 24 CR 570.61110; o Architectural Barriers Act of 1968 and Americans with Disabilities Act of 1990 under 28 CFR Parts 35-36; • Closeout procedures established by HUD for the applicable funding program(s); • The Housing and Community Development Act of 1974 (12 U.S.C. § 5301 et seq.); • The United States Housing Act of 1937, as amended, 42 U.S.C. § 1437f(o)(13) and related provisions governing Public Housing Authority project -based assistance, and implementing regulations at 24 C.F.R. Part 983; • Cash Management Improvement Act regulations (31 C.F.R. Part 205); 2 24 CFR 570.209-.210 may be applicable for economic development projects and employment relocation activities. 3 Requirements of 2 CFR Part 200 apply as modified by 24 CFR 570.502. 4 Additional state law requirements may also apply. See Uniform Grant and Contract Management Act (Texas Government Code Chapter 783) and the Uniform Grant Management Standards, issued by Governor's Office of Budget and Planning. 'Includes requirements of Section 109 of the Housing and Community Development Act of 1974, as amended, and Section 504 of the Rehabilitation Act of 1973. 6 Includes section 110(a) of the Housing and Community Development Act of 1974, as amended; the Contract Work Hours and Safety Standards Act Department of Labor Regulations under 29 CFR Parts 1, 3, 5, 6 and 7; regulations under 24 CFR Part 70 for volunteers; and Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act) (29 C.F.R. Part 5). 7 Subject to 24 CFR 570.503, 570.509, and 570.604, as applicable. s Includes requirements under 49 CFR Part 24, as applicable. 9 Includes requirements of the Lead —Based Paint Poisoning Prevention Ac (42 U.S.C. § 4801 et seq.); the Residential Lead —Based Paint Hazard Reduction Act of 1992; and 24 CFR Part 35, as applicable. 10 Requires compliance with 24 CFR 570.611. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 3 Page 219 of 358 • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200); and • Single Audit Act Amendments of 1996, 31 U.S.C. § 7501. More detailed Agreement provisions are contained in the remainder of this Exhibit. Headings are for internal City use and are not dispositive nor limiting in the application of a provision to the Agreement, nor the Project, Consultant nor any of Consultant's employees, officers, subcontractors, volunteers or representatives in any way. III.REQUIREMENTS UNDER GLO GRANT TERMS A. Benchmarks and Budget Limitations. Consultant acknowledges that, notwithstanding any other provision of the Agreement to the contrary, the Project must be completed in strict accordance with the Grant Terms, including but not limited to any benchmarks, milestones and/or budget limitations, whether contained in this Exhibit or not. Consequently, Consultant acknowledges that the Project Schedule may require GLO approval prior to being modified, regardless of whether the City agrees to such change in schedule, and that all Change Orders under the Agreement may be required to meet Federal Requirements and be approved by GLO prior to payment by the City. B. Certificate of Completion Required. Notwithstanding any provision or omission in the Agreement, Consultant shall provide to City a document to be executed by City and Consultant that, when fully executed, indicates final completion of the Project and acceptance of the completed Project by the City. C. Activities in Special Flood Hazard Areas. When the Project involve structures that are located within Special Flood Hazard Areas (SFHA), flood insurance may be required. If required or anticipated to be required under any activity performed under Consultant's Work Product, Consultant shall note the requirement that any services contractor obtain such insurance and shall maintain documentation evidencing compliance with such requirements. If any portion of the Project is located within a floodplain, under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001- 4128), Federal financial assistance for acquisition and construction purposes (including rehabilitation) may not be used in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: i. The community in which the area is situated is participating in the National Flood Insurance Program ("NFIP"), or less than one (1) year has passed since the FEMA notification regarding such hazards; and ii. Where the community is participating in the NFIP, flood insurance protection is to be obtained as a condition of the approval of financial assistance to the property owner. D. GLO Community Development and Revitalization Monthly Activity Status Report. As a condition precedent to any payment application or payment of any invoice by the City, Consultant shall timely submit to the City the complete and accurate information necessary for the City to submit to GLO monthly activity status reports, along with any other reports requested by GLO Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 4 Page 220 of 358 and HUD, to the extent and only to the extent that such information is required to be maintained by Consultant under the Agreement and has not already been provided to the City's representative. E. Ownership and Use of Intellectual Property. GLO and HUD are granted a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for U.S. Government purposes, all reports, drafts of reports, or other material, data, drawings, computer programs, and codes associated with the Grant Terms, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under the Grant Terms, which may include reported information, deliverable drawings, reports or other material required to be provided by the City to GLO and/or HUD. Consultant acknowledges that GLO and HUD rights under the Grant Terms may extend to such materials provided to City under the Agreement and agrees that exercise of such rights by GLO and/or HUD shall not be an exercise by the City or a breach of any requirement of the Agreement, notwithstanding any other provision to the contrary. F. Non -endorsement by State and the United States. Contractor shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still or motion pictures, articles, manuscripts, or other publications) that states or implies the GLO, the State of Texas, U.S. Government, or any government employee, endorses a product, service, or position Consultant represents. Consultant may not release information relating to the Agreement or state or imply that the GLO, the State of Texas, or the U.S. Government approves of Consultant's work products or considers Consultant's work product to be superior to other products or services. G. Reimbursement Requests. Each invoice submitted by Consultant shall be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the GLO and HUD, allows for full substantiation of the costs invoiced and is in accordance with the project budget and benchmarks contained in the Grant Terms, notwithstanding any other provision in the Agreement to the contrary or any change order granted by the City. Consultant shall submit updated invoices and/or backup documentation to invoices as requested by City in response to requests from GLO on any reimbursement request submitted to GLO by City. H. Inspection and Audit. All records related to the Agreement, including records of Consultant and its subcontractors, shall be subject to inspection, examination, audit, and copying at Consultant's primary location or any location where such records and work product may be found, with or without notice from the GLO or other government entity with necessary legal authority. Consultant shall cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Consultant will ensure that this clause concerning federal and state entities' authority to inspect, examine, audit, and copy records and work product, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Agreement or indirectly through a subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a subcontract under the Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 5 Page 221 of 358 committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. Consultant shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Consultant and the requirement to cooperate is included in any subcontract it awards. I. Communication with Third Parties. The GLO and the Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, or any authorized representative of the U.S. Government, may initiate communications with Consultant and any subcontractor of Consultant, and may request access to any books, documents, personnel, papers, and records of a subcontractor which are pertinent to the Agreement. Such communications may be required to conduct audits, examinations, Davis -Bacon Labor Standards interviews, and gather additional information to the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine Consultant's compliance with the Agreement and the Federal Requirements. J. GLO Equal Opportunity Clause Consultant hereby agrees that it will incorporate into any contract for work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, the following equal opportunity clause where "contractor" refers to Consultant, Consultant's contractors and subcontractors: "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 6 Page 222 of 358 (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 7 Page 223 of 358 Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." K. Federal Labor Standards Submissions to GLO. For contracts to which Federal Labor Standards requirements apply, City must submit to the GLO all documentation required to ensure compliance. City is required by GLO to retain five percent (5%) of the payment due under each of City's construction or rehabilitation contracts until the GLO determines that the Federal Labor Standards requirements applicable to each such contract have been satisfied. L. Child Support Obligation Under Section 231.006 of the Texas Family Code, Consultant hereby certifies that the individual or business entity named in the Agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that the Agreement may be terminated and payment may be withheld if this certification is inaccurate. Further, Consultant represents and warrants that it will include the above clause in the award and contract documents for every subaward and subcontract and will require subawardees and subcontractors to certify accordingly. M. Reporting Suspected Fraud and Unlawful Conduct Consultant represents and warrants that it will comply with Section 321.022 of the Texas Government Code, which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. Consultant represents and warrants its compliance with 2 C.F.R. § 200.113, which requires the disclosure in writing of credible evidence of violations of federal criminal law involving fraud, conflict of interest, bribery, and gratuity and the reporting of matters related to recipient integrity and performance. N. GLO General Affirmations - Purchase of Materials in Texas. If the Agreement is for services, Consultant shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts, but for contracts subject to 2 C.F.R. 200, only to the extent such compliance is consistent with 2 C.F.R. 200.319. O. GLO General Affirmations - Not a Prohibited Vendor. Consultant certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of Foreign Assets Control. P. GLO Information Security Requirements. City is required by GLO to legally bind Consultant and any of Consultant's subcontractor(s) to the same requirements as City, as such requirements are stated in this subsection. Consultant agrees to comply with the requirements of this Subsection U, GLO Information Security Requirements. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 8 Page 224 of 358 1. Definitions. All defined terms found in this subsection shall have the same force and effect, regardless of capitalization. "Breach of Security" means any unauthorized access of computerized data that compromises the security, confidentiality, or integrity of GLO Data that is in the possession and/or control of City or Consultant (or any entity with which Consultant shares GLO Data as authorized herein) including data that is encrypted if the person accessing the data has the key required to decrypt the data, or a loss of control, compromise, unauthorized disclosure or access, failure to physically secure GLO Data or when unauthorized users access PII or SPI for an unauthorized purpose. The term encompasses both suspected and confirmed incidents involving GLO Data which raise a reasonable risk of harm to the GLO or an individual. A Breach of Security occurs regardless of whether caused by a negligent or intentional act or omission on part of Subrecipient and/or aforementioned entities. "GLO Data" means any data or information, which includes PII and/or SPI as defined below, collected, maintained, and/or created by the GLO, for the purpose of providing disaster assistance to an individual, that Subrecipient obtains, accesses (via records, systems, or otherwise), receives (from the GLO or on behalf of the GLO), or uses in the performance of the Contract or any documents related thereto. GLO Data does not include other information that is lawfully made available to Subrecipient through other sources. "Personal Identifying Information" or "PII" means information that alone, or in conjunction with other information, identifies an individual as defined at Tex. Bus. & Com Code Section 521.002(a)(1). "Sensitive Personal Information" or "SPI" means the personal information identifying an individual as defined at Tex. Bus. & Com. Code Section 521.002(a)(2). 2. Security and Privacy Compliance Requirements. Consultant shall keep all GLO Data received under the Agreement and any documents related thereto strictly confidential. Consultant shall comply with all applicable federal and state privacy and data protection laws, as well as all other applicable regulations. Consultant shall implement administrative, physical, and technical safeguards to protect GLO Data that are no less rigorous than accepted industry practices including, without limitation, the guidelines in the National Institute of Standards and Technology ("NIST") Cybersecurity Framework Version 1.1. All such safeguards shall comply with applicable data protection and privacy laws. Subrecipient shall provide such certification or attestation in regard to its data security practices as may be required by the GLO upon request by the GLO. With the exception of City and Consultant's subcontractors that are bound to the requirements of this subsection, Consultant will not share GLO Data with any third parties, except as necessary for Consultant's performance under the Agreement and upon the express written consent of the GLO's Information Security Officer or his/her authorized designee. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 9 Page 225 of 358 Consultant will ensure that initial privacy and security training, and annual training, thereafter, is completed by its employees or contractor/subcontractors that have access to GLO Data or who create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle PII and/or SPI on behalf of the GLO. Consultant shall maintain and, upon request, provide documentation of training completion. Any GLO Data maintained or stored by Consultant or any contractor/subcontractor must be stored on servers or other hardware located within the physical borders of the United States and shall not be accessed outside of the United States. Consultant shall require that all individuals allowed to access GLO Data pursuant to this Contract sign a confidentiality and non -disclosure agreement ("NDA") before being given access to GLO Data. At a minimum, the NDA shall inform all individuals of the confidential nature of the GLO Data, the security and non- disclosure requirements of this Contract, and the potential criminal penalties and civil remedies specified in federal and state laws that may result from the unauthorized disclosure of GLO Data. The NDA shall require all individuals to acknowledge that the GLO or the United States government, including the U.S. Department of Housing and Urban Development ("HUD"), will seek any remedy available, including all administrative, disciplinary, civil, or criminal action(s) or penalties, as appropriate, for any unauthorized disclosure of GLO Data. Consultant shall provide the GLO copies of any and all NDAs entered into pursuant to this Section or in relation to the Agreement upon request or demand by the GLO. Consultant shall use GLO Data for the sole purpose of performing work or services on the Project under the Agreement. 3. Data Ownership. In no event shall Consultant obtain or develop ownership rights to any GLO Data shared under the Agreement, unless specifically acknowledged and agreed to by the GLO. If, at any time during the term of the Agreement or upon termination of the Agreement, whichever occurs first, any part of the GLO Data, in any form, provided to Consultant ceases to be necessary for Consultant's performance under the Agreement, Consultant shall within fourteen (14) days thereafter (a) securely return such GLO Data to the GLO and/or (b) at the GLO's written request, destroy, uninstall, and/or remove all copies of data in Consultant's possession or control and inform the GLO in writing of the completion of the task and method(s) utilized. If the return of GLO Data is infeasible, as mutually determined by the GLO and Consultant, the obligations set forth in this Subsection U, with respect to GLO Data, shall survive termination of the Agreement and Consultant shall prohibit any further use and disclosure of GLO Data. 4. Data Mining. Consultant shall not use GLO Data for unrelated commercial purposes, advertising or advertising -related services, or for any other purpose not explicitly authorized by the GLO in the Agreement. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 10 Page 226 of 358 Consultant shall take all reasonable physical, technical, administrative, and procedural measures to ensure that no unauthorized use or access of GLO Data occurs. 5. Breach of Security. Upon Consultant's discovery of a Breach of Security or suspected Breach of Security, Consultant shall notify the GLO promptly, but no later than 24 hours after discovery of the Breach of Security or suspected Breach of Security. Within 72 hours, Consultant shall provide to the GLO, at minimum, a written preliminary report regarding the Breach or suspected Breach with root cause analysis including a log detailing the data affected. Consultant shall submit the initial notification and preliminary report to the GLO Information Security Officer at informationsecurity@glo.texas.gov. Consultant shall take all reasonable steps to immediately remedy a Breach of Security and prevent any further Breach of Security. Consultant shall not inform any third party other than the City of any Breach of Security or suspected Breach of Security without first obtaining GLO's prior written consent unless such action is required by law or is limited to third party personnel that have a need to know for the sole purpose of containing or remediating the Breach of Security or suspected Breach of Security. However, while a third party may be informed of the Breach or suspected Breach for the sole purpose of containing or remediating it, no GLO Data shall be shared with such third party unless express written permission is obtained from the GLO. Consultant will legally bind such third party to the same requirements stated herein and obligations stipulated in the Agreement and documents related thereto as soon as practicable upon securing such third party to contain or remediate the Breach of Security or suspected Breach of Security. Notwithstanding the remedies provided in the Agreement, if a Breach of Security includes SPI, Consultant shall notify affected individuals of such Breach in accordance with the requirements of Tex. Bus. and Comm. Code Section 521.053 or other applicable law and shall inform the GLO of such notifications. Consultant shall provide affected individuals complimentary access to one (1) year of credit monitoring services. 6. Data Use and Security Agreement Requirements. Certain GLO Data may be subject to agreements executed between the GLO and other state or federal agencies or entities, including, but not limited to, the U.S. Department of Homeland Security, the Federal Emergency Management Agency, and HUD, that impose conditions and obligations on the usage, sharing, storage, and security of the GLO Data. If, in the performance of the Agreement, Consultant requires access to GLO Data protected under such an agreement, then Consultant shall be required to review and agree to comply with all terms, conditions, and obligations of the agreement before the GLO Data is shared with City or Consultant. As applicable, Consultant shall provide a copy to City and shall ensure any NDA required under this Subsection U, above, complies with all additional requirements imposed by such an agreement between GLO and other state or federal agencies if applicable. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 11 Page 227 of 358 The terms and conditions imposed under a data use and security agreement shall be in addition to all other terms and conditions contained in this Subsection U, which remain applicable. In the event of a conflict between terms and conditions of the Agreement and this Subsection U, the more stringent term and/or condition shall apply. 7. Right to Audit. Upon the GLO's request and to confirm Consultant's compliance with this Subsection U, Consultant grants the GLO, or a GLO-contracted vendor, permission to perform an assessment, audit, examination, investigation, or review of all controls in Consultant's, or Consultant's subcontractor's, physical and/or technical environment in relation to GLO Data. Consultant shall fully cooperate with such assessment by providing access to knowledgeable personnel, physical premises, documentation, infrastructure, and application software that stores, processes, or transports GLO Data. In lieu of a GLO-conducted assessment, audit, examination, investigation, or review, Consultant may supply, upon GLO approval, the following reports: SSAE18, ISO/ICE 27001 Certification, FedRAMP Certification, PCI Compliance Report, TXRAMP Certification, or similar attestations or third -party certifications. Consultant shall ensure that this clause concerning the GLO's authority to assess, audit, examine, investigate, or review is included in any contract/subcontract that Consultant awards. At the GLO' s request, Consultant shall promptly and accurately complete a written information security questionnaire provided by the GLO regarding Consultant's business practices and information technology environment in relation to GLO Data and the GLO shall consider such information to be confidential to the extent allowed by law. IV. REQUIREMENTS ASSOCIATED WITH THE CDBG-MIT PROGRAMS A. Compliance With Law. Consultant hereby covenants and agrees that it has complied and continue to comply with all applicable federal, state and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of Federal funds for this federally -assisted program. It is the Consultant's responsibility to keep itself fully informed of and in compliance with all such requirements and to provide all notices as required by law. The Agreement is subject to all such laws, ordinances, regulations, policies, and guidelines, including, without limitation, the Housing and Community Development Act of 1974 (the "Housing and Community Development Act"); 24 CFR Subtitle B, including but not limited to Parts 5, 85, and 570; and 2 CFR Subtitle A, and Subtitle B Chapter XXIV. B. Build America, Buy America Act (BABA) Consultant acknowledges that the Agreement is not for construction or rehabilitation, but that aspects of the Project may be subject to the Build America, Buy America Act ("BABA"), enacted as part of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, and Consultant agrees to comply with BABA. Pursuant to BABA, Consultant is required to note in any Work Product that any services contractor on the Project is required to apply a domestic content procurement preference (the "Buy America preference" or "BAP") for all iron, steel, manufactured products, and construction materials incorporated into the Project. All iron, steel, manufactured products and construction materials Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 12 Page 228 of 358 incorporated into the Project must be produced in the United States, including such materials installed by any subcontractors or suppliers. Definitions of iron, steel, manufactured products, and construction materials can be found in 2 C.F.R. Part 184 and are incorporated herein by this reference. Additional information regarding BABA requirements and compliance may be found at https://www.hud.gov/program offices/general counsel/build america buv america and is incorporated herein by this reference. C. Beneficiary Qualification. , covenants and agrees the purpose of the project (the "Project") that is the subject of work or services provided under the Agreement is to meet one or more of the "National Objectives" and other requirements set forth in 24 CFR 570.208 and certifies all activities carried out under the Agreement shall be in furtherance of at least one such National Objective. D. Displacement, Relocation, Acquisition, & Replacement of Housing (URA). If the Project or any work provided in accordance with the Agreement will result in the displacement of persons, Consultant covenants and agrees to comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations at 49 CFR Part 24. E. Civil Rights Act. Consultant must comply with the Civil Rights Act of 1964, as amended, and all regulations applicable thereto, which provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination based on race, color, and/or national origin under any program or activity receiving federal financial assistance. Consultant must make it known that the Project is available to all on a nondiscriminatory basis. Where the procedures that Consultant intends to use to make known the availability of the Project are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the area of the Project who may qualify, Consultant must establish additional procedures that will ensure that these persons are made aware of Project. Consultant must also adopt and implement procedures designed to make available to interested persons information concerning the existence and location of the Project that are accessible to persons with a disability. Consultant must include the requirements of this section in every subcontract or purchase order. F. Non -Discrimination and Equal Opportunity (24 CFR § 5.105(a)). Consultant must not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, sexual orientation, gender identity, age, national origin, or ancestry and must comply with all non-discrimination laws relating to same, including, without limitation, ensuring compliance with the following: i. The Fair Housing Act (42 U.S.C. 3601 et seq.), as amended, and implementing regulations at 24 CFR Parts 100 and 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as amended, and implementing regulations issued at 24 CFR Part 1, which prohibit discrimination in housing on the basis of race, color, religion, sex, handicap, familial status, or national origin and require actions which affirmatively promote fair housing. Consultant must cooperate in the fulfillment and submission of any requirements related to certifying compliance with obligations related to affirmatively furthering fair housing as set forth in 24 CFR 5.152. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 13 Page 229 of 358 ii. Equal Access in Accordance with Gender Identity (24 CFR § 5.106). iii. The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), as amended, and implementing regulations at 24 CFR Part 146. iv. Executive Order 11625, as amended by Executive Order 12007, relating to Minority Business Enterprises; Executive Order 12432, relating to Minority Business Enterprise Development; and Executive Order 12138, as amended by Executive Order 12608 relating to Women's Business Enterprise. v. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and implementing regulations at 24 CFR Part 8, which prohibit discrimination on the basis of age and discrimination against otherwise qualified individuals with disabilities. vi. The Equal Employment Opportunity Act of 1972, as amended, and the regulations issued at 41 CFR chapter 60, which provide for the promotion and insuring of equal opportunity for all persons, without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin, employed or seeking employment. vii. The requirements of 2 CFR 200.321 requiring Consultant to make efforts when possible to use small, minority -owned, veteran -owned and women -owned business enterprises for any activities funded in connection with the Agreement or this Exhibit. viii. Executive Order 11063, as amended by Executive Order 12259, and 24 CFR Part 107 ("Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063"); The failure or refusal of Consultant to comply with the requirements of Executive Order 11063 or 24 CFR Part 107 shall be a proper basis for the imposition of sanctions specified in 24 CFR 107.60. ix. Americans with Disabilities Act of 1990. Consultant must not discriminate against handicapped persons and must provide accessibility for handicapped persons in connection with the Agreement and the Project. Consultant must comply with all applicable requirements of the Americans with Disabilities Act of 1990 and implementing regulations (28 CFR Parts 35-36), in order to provide handicapped accessibility to the extent readily achievable. x. Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 (42 U.S.C. § 2000e, et seq.); xi. Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. § 3601, et seq.), as amended; xii. The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. § 4212); xiii. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688), as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; xiv. Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; xv. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 14 Page 230 of 358 xvi. §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; and xvii. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. G. Protections for Whistleblowers. Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing, in accordance with 41 U.S.C. § 4712, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. H. Section 3 of the Housing and Urban Development Act of 1968. Consultant acknowledges that any labor to be performed under the Agreement is being performed on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u ("Section 3"), 24 C.F.R. §§ 135.3(a)(2) and (a)(3). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents and that contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. Consultant must comply with the provisions of Section 3 and the regulations issued pursuant thereto by the U.S. Secretary of Housing and Urban Development ("Secretary") as set forth in 24 CFR Part 75, and all applicable rules and orders of HUD issued thereunder as of or prior to the Agreement. Consultant further agrees to include these Section 3 requirements in any subcontracts executed under or funded by funds derived from the Agreement. Specifically, Consultant will include the following language in all subcontracts: "The work to be performed under this contract is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low-income persons residing in the city in which the project is located." i. Notice to Labor Organizations. Consultant must send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising such labor organization or workers' representative of its commitments under the Section 3 clause (set forth in "Include in Subcontracts" below) and must post copies of the notice in conspicuous places available to employees and applicants for employment or training. ii. Include in Subcontracts. Consultant must include a Section 3 clause in every contract and subcontract for work in connection with the Project and must, at the direction of the City, take appropriate action pursuant to the contract or subcontract upon a finding that the contractor or Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 15 Page 231 of 358 subcontractor is in violation of regulations issued at 24 CFR Part 75. Consultant must not contract or subcontract with any party where Consultant has notice or knowledge that such party has been found in violation of regulations under 24 CFR Part 75 and must not let any contract or subcontract unless the contractor or subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of said regulations. iii. Sanctions. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 75, and all applicable rules and orders of HUD issued thereunder prior to the execution of the Agreement must be a condition of the federal financial assistance provided to the Project, binding upon the Consultant, its successors, and assigns. Failure to fulfill these requirements shall subject Consultant, its contractors and subcontractors, successors, and assigns to those sanctions as are specified by 24 CFR Part 7511 I. Drug Free Workplace (24 CFR § 5.105). Consultant must comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100-690, title v, subtitle D; 41 U.S.C. 701 et seq.) and implementing regulations at 2 CFR part 2429 and 2 CFR part 182, and maintain a drug -free work environment. The final rule, government -wide requirements for drug -free work place (grants), issued by the office of management and budget (2 CFR part 182) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and Consultant must comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. J. Lead -Based Paint. Consultant must comply with the requirements, as applicable, of the Lead -Based Paint Poisoning Prevention Act (43 U.S.C. 4821-4846) and implementing regulations at 24 CFR Part 35, the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851-4856), and the implementing regulations at 24 CFR Part 35, Subparts A, B, J, K and R and 40 CFR part 745, including, without limitation, taking appropriate actions to protect occupants of residential dwellings from the hazards associated with lead -based paint abatement procedures. K. Environmental Laws Consultant must comply with environmental standards that may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988 as interpreted in HUD regulations at 24 C.F.R. Part 55; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § § 1451 et seq.); (f) conformity to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.), 40 C.F.R. Parts 6, 51, and 93; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205); (i) Wild and Scenic Rivers Act of 1989 (16 U.S.C. § 1271 et seq.); (j) Sole Source 11 Per 24 CFR 75.33(c), remedies and sanctions may be imposed by HUD "in accordance with the laws and regulations for the program under which the violation was found." Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 16 Page 232 of 358 Aquifers (Environmental Protection Agency-40 C.F.R. part 149; (k) Farmland Protection Policy Act of 1981 (7 U.S.C. § 4201, et seq.); (1) Farmland Protection Policy (Department of Agriculture-7 C.F.R. part 658); (m) applicable criteria and standards specified in HUD environmental regulations (24 C.F.R. Part 51) (other than the runway clear zone and clear zone notification requirement in 24 C.F.R. § 51.303(a)(3); (n) HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and Radioactive Materials, September 10, 1979; (o) Executive Order 12898 of February 11, 1994—Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, (59 FR 7629), 3 C.F.R., 1994 Comp. p. 859. Consultant must include this requirement in all subcontracts under the Agreement. L. Political Activities. Consultant agrees that moneys paid under the Agreement must be used exclusively for performance of the work required under the Agreement, and that no funds made available under the Agreement shall be used to promote political activities as provided under 24 CFR 570.207. Further, Consultant agrees that it will not perform, nor permit to be performed, any political activities in connection with the Project or the Agreement. Consultant is prohibited from using funds provided under the Agreement or personnel employed in the administration of the Project for political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. M. Labor Standards (24 CFR § 570.603). In addition to any other labor standards set forth in this Exhibit and the Agreement, Consultant must comply with 24 CFR part 70 with regard to the use of volunteers. Consultant agrees that, except with respect to the rehabilitation or construction of residential property containing fewer than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation, or repair work financed in whole or in part with CDBG-MIT assistance, must comply with the requirements of the Davis -Bacon Act (40 USC, Chapter 3, Section 276a-276a- 5) adopted by the Federal Agency pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR parts 1, 3, 5, and 7, governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Consultant of its obligation, if any, to require payment of the higher wage. The Consultant must cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. N. Eligibility restrictions for certain resident aliens and noncitizens (24 CFR § 570.613 and 24 CFR Part 5, Subpart E). To the extent applicable to the Agreement, Consultant must comply with the restrictions on the provision of benefits to newly legalized aliens if applicable under 24 CFR § 570.613 and to noncitizens under 24 CFR Part 5, Subpart E. O. Housing counseling (24 CFR § 570.615). If Consultant provides housing counseling, as defined in 24 CFR 5.100, under the Agreement, the housing counseling must be carried out in accordance with 24 CFR 5.111. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 17 Page 233 of 358 P. Records. The following access to records requirements apply to the Agreement: i. Consultant must maintain and provide to the City on request sufficient records to meet the requirements of 24 CFR §§ 570.506 — 570.507. ii. Consultant agrees to provide the City, any Federal Agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of Consultant which are pertinent to the Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. Consultant must keep its books, documents, papers, and records available for this purpose for the longer of at least (i) five (5) years after the Agreement terminates or expires, (ii) following the completion of the closeout of the Agreement, or (iii) such longer time as the City specifies prior to the end of such 5-year period, provided, however, in the event of litigation, claim, or audit, the records must be retained until all litigation, claims, and audit findings involving the records have been fully resolved. This provision does not limit the applicable statute of limitations. iii. Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iv. Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the Agreement. v. Consultant acknowledges and agrees that no language in the Agreement is intended to prohibit audits or internal reviews by the Federal Agency or its authorized representatives or the Comptroller General of the United States. vi. Within ten (10) days of written request by the City, Consultant agrees to provide the City all relevant documentation pertaining to the Agreement to confirm compliance with Federal requirements, ensure the Agreement is achieving its purpose, and to respond to audits, as necessary. vii. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action commences during this required retention period, all records must be retained until a full and final resolution of the action. Q. Reports. Consultant must prepare and submit financial, Project progress, monitoring, evaluation, personnel, property, and financial records and other reports as required by City and in the format acceptable to City to assure proper accounting of all Federal and non -Federal project funds. Consultant must furnish such information that, in the judgment of the Director, may be relevant to questions of compliance with contractual conditions hereunder or granting agency directives, or with the effectiveness, legality, and goals of the Agreement. Consultant must establish a record keeping system which is consistent with 24 CFR 570.506. R. Monitoring. The City shall have the right to conduct periodic reviews, focusing on the extent to which the Project has been implemented and measurable goals achieved, effectiveness of any Project management, and impact of the Project, and other criteria as described in 24 CFR Part 570, Subpart O. Authorized representatives of City and HUD shall have the right of access to all activities and facilities operated Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 18 Page 234 of 358 by Consultant under the Agreement. "Facilities" include all files, records, and other documents related to the performance of the Agreement. Activities include attendance at staff, board of directors, advisory committee, and advisory board meetings and inspection by City and HUD representatives. Consultant must ensure that its employees, officers, managers, or board members furnish such information as, in the judgment of City and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the Project. S. Public Access to Records and Privacy (24 CFR § 570.508). Consultant must provide citizens with reasonable access to records regarding the use of CDBG-MIT funds in connection with the Project or the Agreement, consistent with applicable State and local laws regarding privacy and obligations of confidentiality and with 24 CFR 570.508 and 2 CFR 200.303. Consultant agrees and must ensure that no information about or obtained from any person in connection with the Project or the Agreement shall be voluntarily disclosed in any form identifiable with such person without first obtaining the written consent of such person. T. Equal Participation of Faith -Based Organizations (24 CFR §§ 5.109; 570.200(j); 570.607). Consultant must perform all activities under the Agreement in a manner that does not discriminate against an organization on the basis of the organization's religious character, affiliation, or lack thereof, or on the basis of the organization's religious exercise and, to the extent applicable, must comply with Executive Order 13279 (Equal Protection of Laws for Faith -Based and Community Organizations) and the implementing regulations at 41 CFR chapter 60. U. Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, Stalking and Trafficking Consultant must comply with the applicable protections provided to victims of domestic violence, dating violence, sexual assault, and stalking set forth in Title 24, Part 5, subpart L. Consultant must comply with the applicable requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits Consultant from (1) engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) procuring a commercial sex act during the period of time that the award is in effect or (3) using forced labor in the performance of the Agreement. V. REQUIREMENTS TO IMPLEMENT GENERAL FEDERAL LAWS A. Historic Preservation (16 U.S.C. § 470; 16 U.S.C. § 469a-1 et seq.) Consultant must assist the City, as applicable, in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq); 36 C.F.R. Part 800; and The Reservoir Salvage Act of 1960, as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. § 469, et seq), particularly section 3 (16 U.S.C. § 469a-1). B. Energy Policy and Conservation Act (42 U.S.C. § 6201). Consultant must comply, as applicable, with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. §6201). Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 19 Page 235 of 358 C. Hatch Act Consultant agrees that no funds provided, nor personnel employed under the Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of 5 U.S.C. Chapter 15. D. Coastal Barriers. Consultant must comply, as applicable, with the Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., which provides that no financial assistance under the Agreement may be made available within the Coastal Barrier Resources System. E. Federal Government not a Party. Consultant acknowledges that the Federal Government is not a party to the Agreement and is not subject to any obligations or liabilities to the City, Consultant, or any other party pertaining to any matter resulting from the Agreement. F. False Statements. Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Consultant's actions pertaining to the Agreement. False statements or claims may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Except as otherwise provided under federal law, any person who knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme, or device or who makes any materially false, fictitious, or fraudulent statement or representation or who makes or uses any false writing or document despite knowing the writing or document to contain any materially false, fictitious, or fraudulent statement or entry shall be prosecuted under Title 18, United States Code, § 1001. ANY PERSON WHO KNOWINGLY MAKES A FALSE CLAIM OR STATEMENT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES UNDER 18 U.S.C. § 287, 18 U.S.C. § 1001, AND 31 U.S.C. § 3729. G. Logos. Consultant must not use the Federal Agency seal(s), logos, crests, or reproductions of flags or likenesses of any Federal Agency officials without specific Federal Agency pre -approval. H. Debts Owed to the City. Any funds paid to Consultant (1) in excess of the amount to which Consultant is finally determined to be authorized to retain under the terms of its award from Treasury; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by the Consultant shall constitute a debt to the City and to the Federal government. Any debts determined to be owed to the City must be paid promptly by Consultant for repayment to the federal government. A debt is delinquent if it has not been paid by the date specified in the City's initial written demand for payment, unless other satisfactory arrangements have been made or if the Consultant knowingly Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 20 Page 236 of 358 or improperly retains funds that are a debt as defined in this paragraph. The City will take any actions available to it to collect such a debt. I. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating Consultant - owned, rented, or personally -owned vehicles. J. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant is encouraged to adopt and enforce policies that ban text messaging while driving. VI. 2 CFR PART 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS, INCLUDING APPENDICES Consultant must comply with the applicable requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), including all appendices, other than such provisions as Treasury may determine are inapplicable to the Agreement and subject to such exceptions as may be otherwise provided by Treasury. All Appendices and Subparts E — Cost Principles and F — Audit Requirements of the Uniform Guidance implementing the Single Audit Act apply to the Agreement, including, but not limited, to the following: A. Appendix II to Part 200 (A) — Remedies. The administrative, contractual, or legal remedies in the Agreement and in the Funding Law, Regulations, and Guidelines apply when the Consultant defaults, violates, or breaches the Agreement. B. Appendix II to Part 200 (B) - Termination for Cause/Convenience. The parties must comply with the termination for cause provision and the termination for convenience provision set forth in this Exhibit. C. Appendix II to Part 200 (C) — Equal Employment Opportunity The Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, During the performance of the Agreement, Consultant agrees as follows: i. Consultant must not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Consultant must take affirmative action to ensure that applicants are employed, including, but not limited to, implementing the principles in Executive Order 11246, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Consultant must include the requirements of this section in all subcontracts. Such action shall include, but not be limited to the following: ii. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this clause. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 21 Page 237 of 358 iii. Consultant must, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iv. Consultant must not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Consultant's legal duty to furnish information. v. Consultant must send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of Consultant's commitments under this section and must post copies of the notice in conspicuous places available to employees and applicants for employment. vi. Consultant must comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vii. Consultant must furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and must permit access to books, records, and accounts by the Federal Agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. viii. In the event of Consultant's noncompliance with the nondiscrimination clauses of the Agreement or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and Consultant may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. ix. Consultant must include the requirements of the preceding subparagraphs of this section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or Consultant. Consultant must take such action with respect to any subcontract or purchase order as the Federal Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. D. Appendix II to Part 200 (D), (E) — Davis -Bacon Act; Contract Work Hours and Safety Standards Act. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 22 Page 238 of 358 Consultant must comply, as applicable, with 40 U.S.C. 3141-3148, 40 U.S.C. 3701-3708, and 29 CFR pt. 5 (labor standards originally enacted as the Davis -Bacon Act, the Contract Work Hours and Safety Standards Act, the Copeland Anti -Kickback Act). E. Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: If Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under the Agreement, the Consultant must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. F. Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: In addition to generally applicable environmental laws, the Consultant must comply with the following: i. Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Agency and the appropriate Environmental Protection District Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. ii. Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. G. Appendix II to Part 200 (H) — Debarment and Suspension (See also 24 CFR § 5.105). i. The Agreement is a covered transaction for purposes of 2 CFR pt. 180. As such Consultant is required to verify that none of the Consultant's 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). ii. Consultant must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 2424 and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. Consultant must certify that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant further agrees to notify the City in writing immediately if Consultant or any of its contractors or subcontractors are not in compliance during the term of the Agreement. This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 2424 in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 23 Page 239 of 358 iv. Consultant agrees to comply with the requirements of 2 CFR pt. 180, subpart C throughout the Agreement. The Consultant further agrees to include a provision requiring such compliance in its subcontracts. v. Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under the Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of the Agreement. H. Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials. i. Consultant must comply, as applicable, with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. ii. In the performance of the Agreement, Consultant must 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 Agreement performance schedule; (2) Meeting Agreement performance requirements; or (3) At a reasonable price. iii. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, http s: //www. epa. gov/smm/comprehensive-procurement-guideline-cpg-program. iv. Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. I. Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. i. Consultant must not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under the Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 24 Page 240 of 358 (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. ii. See Public Law 115-232, section 889 for additional information. iii. Subcontracts. Consultant must include the substance of this section, including this paragraph, in all subcontracts and other contractual instruments. J. Appendix II to Part 200 (L) — §200.322 Domestic Preferences for Procurement. Consultant must, to the greatest extent practicable, purchase, acquire, or use 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 subcontracts. For purposes of this section: i. "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. ii. "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. K. Compliance with Subpart D of 2 CFR part 200. Materials, supplies and services procured in connection with activities under the Agreement must be procured, used, managed, and disposed in accordance with the requirements in Subpart D of 2 CFR part 200, as modified and supplemented by 24 CFR 570.502. L. Patents and Copyrights (2 CFR 200.315). Consultant acknowledges and agrees that the City and HUD each reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: i. The copyright in any work developed under the Agreement; ii. Any rights of copyright to which Consultant purchases ownership with proceeds from the Agreement; iii. The patent for any invention developed under the Agreement; and iv. Any rights in any patent to which Consultant purchases ownership with proceeds from the Agreement. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 25 Page 241 of 358 M. Conflicts of Interest Prohibited (2 CFR § 200.112; 24 CFR § 570.611). Pursuant to 2 CFR § 200.112 and 24 CFR § 570.611, Consultant must comply with the requirements, prohibitions, and limitations of the City's conflict of interest policies, rules, or regulations and state and federal common law regulating conflicts of interest. v. In the procurement of supplies, equipment, construction, and services by the Consultant, the conflict of interest provisions in 2 CFR Part 200, Subpart B - General Provisions, shall apply. vi. In all cases not governed by 2 CFR Part 200, Subpart B, the provisions of this section shall apply, unless the Federal Agency grants an exception. Such cases include, but may not be limited to, the acquisition and disposition of real property and the provision of assistance by the Consultant, by its contractors, subcontractors, or to individuals, businesses or other private entities under eligible activities which authorize such assistance (e.g. rehabilitation, preservation, and other improvements of private properties or facilities). vii. No person who is an employee, agent, consultant, officer, or elected or appointed official of the City or of any designated public agency; contractor; subcontractor; or subrecipient which receives funds under the Funding Law, Regulations and Guidelines who exercise or have exercised any functions or responsibilities with respect to federal activities or who are in a position to participate in a decision -making process or gain inside information with regard to federal assisted activities, may obtain a personal or financial interest or benefit from, or have any interest in any contract, subcontract, or agreement or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter with respect to the federal assisted activity, or with respect to the proceeds of the federal assisted activity. viii. Disclosure of potential conflicts of interest. As soon as possible after learning of such conflict, Consultant must disclose in writing to the City any potential conflict of interest. N. Mandatory Disclosure (2 CFR § 200.113, 41 U.S.C. § 2313). Consultant must disclose, in a timely manner, in writing to the City all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Agreement. Failure to make required disclosures constitutes a breach of the Agreement. During the term of the Agreement, Consultant must submit the information to the City about each proceeding that: i. Is in connection with the Agreement or performance of work or services for the Project, cooperative agreement, or procurement contract from the Federal Government; ii. Reached its final disposition during the most recent five-year period; and iii. Is one of the following: 1) A criminal proceeding that resulted in a conviction; 2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3) An administrative proceeding, that resulted in a finding of fault and liability and the Grantee's payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or 4) Any other criminal, civil, or administrative proceeding if: Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 26 Page 242 of 358 a. It could have led to an outcome described above; b. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Consultant's part; and c. The requirement to disclose information about the proceeding does not conflict with applicable laws and regulations. O. Internal Controls (2 CFR § 200.303). Consultant must take reasonable measures to safeguard protected personally identifiable information and other information considered to be sensitive consistent with applicable Federal, State, and local laws regarding privacy and responsibility over confidentiality. P. Accessibility and Nondiscrimination. In addition to any other accessibility and nondiscrimination laws in the Agreement and Exhibit, Consultant must adhere to the accessibility and nondiscrimination requirements set forth in state and federal law applicable to the Agreement and Project, including but not limited to the following: i. Uniform Federal Accessibility Standards; ii. 24 CFR Part 8, or HUD's modified version of the 2010 ADA Standards for Accessible Design (Alternative 2010 ADAS), HUD-2014-0042-0001, 79 F.R. 29671 (5/27/14) (commonly referred to as "the Alternative Standards" or "HUD Deeming Notice"); iii. 24 CFR part 8.26; and iv. Architectural Barriers Act of 1968 (42 U.S.C. §§4151-4157). Q. Protections for Whistleblowers (2 CFR § 200.217). Consultant is responsible for complying with all requirements of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, and also requirements implementing the Act at 2 CFR parts 25 and 170. This also includes statutory requirements for whistleblower protections at 10 U.S.C. 2409, 41 U.S.C. 4712, and 10 U.S.C. 2324, 41 U.S.C. 4304 and 4310. Consultant must inform its subcontractors and employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. An employee must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The recipient and subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. 4712. See statutory requirements for whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C. 4310. R. Contracting with Small, Veteran -owned, Minority -owned and Women's Business Enterprises, and Labor Surplus Area Firms (2 CFR § 200.321). If Consultant intends to subcontract any portion of the work covered by the Agreement, Consultant shall ensure that small, minority -owned and veteran -owned businesses, women's business enterprises Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 27 Page 243 of 358 and labor surplus area firms (collectively, "MWVSBEs") are considered and used when possible. Consideration includes Consultant taking and documenting the following steps: i. Placing qualified MWVSBEs on solicitation lists (ex., the Texas Comptroller maintains a list of Historically Underutilized Businesses searchable by type and geographic area at: http s: //mvcpa. cpa. state.tx.us/tpasscmblsearch/); ii. Assuring that MWVSBEs are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by MWVSBEs ; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by MWVSBEs; and v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring this clause in any subcontracts. S. Minimum Bonding Requirements (2 CFR § 200.326) If the Agreement involves construction or facility improvements for the Project in excess of the simplified acquisition threshold, as that term is defined in 2 CFR 200 subpart A, Consultant must maintain a performance bond for 100 percent (100%) of the contract price to secure fulfillment of all the Agreement's requirements. T. Certification Regarding Lobbying (2 CFR § 200.450; 24 CFR § 5.105; 24 CFR part 87 31 U.S.C. § 1352) Consultant must comply with the requirements of 31 U.S.C. § 1352, 2 CFR § 200.450, and 24 CFR 87. Consultant must submit the certification regarding lobbying as required by law to the City. Consultant must include language in all contracts, subcontracts, and other agreements requiring that all parties to same to certify and disclose that: i. 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 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii. 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 contract, grant, loan, or cooperative agreement, the undersigned must complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Exhibit D Federal Requirements — CDBG-MIT (through GLO) A/E Services/Non-construction 2021 Award Year — Federal Assistance No. 14.228 Form 05-26-26 Page 28 Page 244 of 358 EXHIBIT E CONFLICT OF INTEREST AND BYRD ANTI -LOBBYING CERTIFICATION The undersigned consultant ("Consultant") certifies, to the best of their knowledge and belief, the following certification and disclosure regarding payments to influence certain transactions involving federal funds: 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 contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of and Federal contract, 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 making lobbying contacts to 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 this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96)]. 3. As required under 24 CFR 570.611, no employee, agent, consultant, officer, contractor or elected or appointed official of the City who exercises or has exercised any functions or responsibilities with respect to federally -assisted activities of the City, or who is in a position to participate in a decision -making process or gain inside information with regard to activities assisted with federal funds provide by the City, has a financial interest or benefit from the Agreement with the undersigned Consultant; nor has a financial interest in the Agreement with Consultant, nor any of Consultant's subcontracts under the Agreement; nor has a financial interest in the proceeds derived from the Agreement, either for him or herself or for those with whom he or she has family or business ties, during his or her tenure or during the one-year period following his or her tenure. 4. As required under 2 CFR 200.318 and the City's Conflict of Interest Policy, no member of the City Council has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in this Agreement with the Consultant, or is financially interested, directly or indirectly, in the sale to, or purchase from, the City of any land, materials, supplies, or services except on behalf of the City; provided, however that the provisions of this section shall only be applicable when the stock owned by the member of City Council exceeds one percent (1%) of the total capital stock of the corporation; AND no member of City Council, nor any officer or employee of the City of College Station, has accepted, directly or indirectly, any gift, privilege, or employment from the Consultant, except as may be authorized by law or ordinance; AND no employee, officer, agent, member of City Council or board member, nor any member of their immediate family, their partner, or an organization that employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from the selection, award, or administration of this Agreement, nor has accepted from Consultant, Consultant's employees, agents or officers gratuities, favors, or anything of Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 21 Page 245 of 358 monetary value. 5. The Consultant shall require that the language of this certification be included in all contracts and subcontracts and require that all contractors and subcontractors of Consultant certify and disclose accordingly any real or apparent conflict of interest, lobbying activity, or other activity listed above. This certification is a 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 by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. The Consultant, as represented by an authorized representative with authority to bind Consultant and make the above representations on behalf of Consultant, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Company understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Consultant Company Name: TORRES ASSOCIATES, LLC Authorized Signature: Name of Authorized Official: Jacob Torres Title: Managing Partner, Principal Date: 8/10/2026 Contract No.26300745 A&E Professional Services — Federally Funded Form 06-18-26 Page 22 Page 246 of 358 September 10, 2026 Item No. 7.11. TX Indep. Park Grant Related Contract Amendments Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a Professional Services Contract Amendment with Arkitex Studio adding to the contract grant funding requirements for two Texas Parks and Wildlife Department grants awarded to the City for the Texas Independence Park Project. Relationship to Strategic Goals: Core Services and Infrastructure and Financial Sustainability Recommendation(s): Staff recommends approval. Summary: This amendment updates the City of College Station's Standard form of design contract between the City and Arkitex Studio and adds grant requirements needed to comply with the Texas Parks and Wildlife Department grant terms. A similar amendment for the construction contract with Skanska Construction is anticipated to be considered on September 24th. The City of College Station has been awarded two grants from The Texas Parks & Wildlife Department for Texas Independence Park at Midtown. • The Texas Parks & Wildlife Department administers the Land and Water Conservation Fund - State and Local Assistance passed -through from the U.S. Department of the Interior via the National Park Service. The Texas Parks and Wildlife Department's grant application guidelines require City Council authorization to apply and appropriate grant funding. The Program awarded the City up to $750,000, subject to a 50% local match requirement, for a specific portion of the Texas Independence Park Project. All grant assisted sites must be dedicated as parkland in perpetuity, properly maintained and open to the public. • The Texas Parks & Wildlife Local Parks Recreational Trails Program assists local units of governments through reimbursable grants for eligible recreational trails projects. The Program awarded the City up to $300,000 in reimbursement for eligible project costs, subject to a 20% local match requirement, for a specific portion of the Texas Independence Park non -motorized trail project. A similar amendment for the construction contract with Skanska Construction is anticipated to be considered on September 24th. These are both zero dollar amendments. Budget & Financial Summary: Budget in the amount of $9,200,000.00 is included for this project in the Parks and Recreation Capital Projects Fund. A total of $8,981,838 has been expended or committed to date, leaving a balance of $218,162 in the total for future project expenditures. Attachments: Page 247 of 358 1. TX Independence Park Location Map 2. Amendment No. 3 to The Arkitex Studo, Inc Design Contract Page 248 of 358 gH EP 7300 Rock poroRoad Project Area Lick Creek Trail Rock Prairie Rd Restroom 162.525 * a; �r n . .a..,h`^'`:�'Si�@t. x..xtFS`: ;{�,t"fC'i4.`.: �< :'?!`.. s'c► l vp- CONTRACT & AGREEMENT ROUTING FORM CITY OF CO LICE SIMEON xo�r r,m. nanM Ln.;,.„ ry CONTRACT#: 25300017AM D 1 PROJECT #: PK2501 BID/RFP/RFQ#: Project Name / Contract Description: Texas Independence Park at Midtown Contract Amendment Name of Contractor: CONTRACT TOTAL VALUE: Debarment Check Section 3 Plan Incl. ■ NEW CONTRACT Yes Yes The Arkitex Studio, Inc 0 (zero dollar change) 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 No ■ N/A N/A N/A CHANGE ORDER # OTHER Amendment 1 BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Adding grant provision to contract (If required) * CRC Approval Date*: N/A Council Approval Date*: 09/10/2026 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 OtArlea NIAYVU LL LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (if applicable) N/A CITY SECRETARY (if applicable) 9.12.23 UPDATED 9/1/2026 9/2/2026 9/2/2026 DATE DATE DATE DATE DATE DATE Page 250 of 358 AMENDMENT NO. 3 TO THE STANDARD FORM CONTRACT FOR PROFESSIONAL SERVICES BETWEEN CITY AND CONSULTANT INCORPORATING GRANT FUNDING REQUIREMENTS This Amendment No. 3 ("Amendment") is entered into by and between the City of College Station, Texas ("City") and The Arkitex Studio. Inc., a Texas corporation ("Consultant") for professional architectural, geo-technical, survey and material testing services on the following City project: Texas Independence Park. consisting of 3 independent proiect phases (collectively, the "Project"). This Amendment modifies that certain standard form contract for Professional Services with Construction (Contract No. 25300017) by and between City and Consultant dated October 7, 2024 ("Agreement"), as amended by Change Order Amendment No. 1, dated June 6. 2025, Change Order Amendment No. 2. dated January 8. 2026. and further amends the Agreement by incorporating requirements applicable to the Project due to the addition of grant funding for the Project in the form of: 1. $750,000.00 in federal funding through a subaward to the City under TPWD Recreation Grants Federal Sub -Award Contract No. CA-0008362 on October 28, 2025 from the Texas Parks and Wildlife Department ("TPWD") passed -through from the U.S. Department of the Interior via the National Park Service 54 U.S.C. 200305 Land and Water Conservation Fund - State and Local Assistance ("LWCF") program issued to TPWD on July 9, 2025 ("Federal Funds"), also subject to a local cost share by the City of $750,000.00 for a total LWCF project cost of $1,500,000.00; and 2. $287,997.00 in state funding awarded to the City under TPWD Recreation Grants RTP State Grant Agreement Contract No. CA-0007935 for funds from the TPWD Recreational Trails Program ("RTP") awarded to the City on June 6, 2025 ("State Funds") also subject to a local cost share by the City of $72,000.00 for a total RTP project cost of $359,997.00. RECITALS WHEREAS, City and Consultant entered into the Agreement, as amended, for professional architectural and engineering services on the Project; and WHEREAS, the City and Consultant agree the Project informally incorporated three independent project phases, consolidated for purposes of minimizing public park inaccessibility and increasing cost -savings opportunities for simultaneous mobilization of similar work types; and WHEREAS, the City and Consultant agree to formally distinguish between the three project phases incorporated into the Project from this point forward, including for purpose of billing, subcontracting and record retention, into the following: • Phase 1 — All civil work, parking lots, landscaping, irrigation, fishing pond, fishing pier, pavilion, playgrounds, signage (other than TPWD-required signage), fencing, benches, picnic tables, trash receptacles and disc golf tee boxes and goals at Texas Independence Park, addressed as 6904 Rock Prairie Road, College Station, Texas 77845; and • Phase 2 - construction of pump track, tyke track, skills area, and multi -discipline bike trail located near the 6800 block of Rock Prairie Road at Texas Independence Park ("Bike Hub"); and • Phase 3 - construction of +/- 3 miles trail located at Texas Independence Park ("West Trails"); and WHEREAS, after entering into the Agreement, the City was awarded both State Funds pursuant to the TPWD grant agreement with the City under the RTP for the West Trails and Federal Funds pursuant to the sub -award agreement with the City under the LWCF program for the Bike Hub (Collectively, the "Grant Terms"), both administered by TPWD ("Agency"); and Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 1 of 24 Page 251 of 358 WHEREAS, Agency has reviewed the Agreement, including this Amendment, and has no objection to the parties expressly incorporating the requirements of the Grant Terms applicable to the Bike Hub and West Trails phases of the Project, including all duties, requirements, obligations and technical guidance issued by the Agency applicable to Consultant (or the Project that are passed through to Consultant pursuant to the Grant Terms)(collectively for the Bike Hub, the "Federal Requirements," and collectively for the West Trails, the "Grant Requirements"); and WHEREAS, Consultant and City agree that Consultant can perform or already has performed the Scope of Services contained in Exhibit "A" of the Agreement, as amended, ("Services") in compliance with the Grant Requirements for the West Trails and the Federal Requirements for the Bike Hub without any significant modification in either (i) the payment terms contained in Exhibit "B" of the Agreement, as amended ("Payment Terms"), or (ii) the certificates of insurance contained in Exhibit "C" of the Agreement; and WHEREAS, Consultant and City do not intend for Consultant's Services under the Agreement to be funded by Federal Funds or State Funds, however Consultant is able to provide certifications as included in Exhibit "D" as a provider of Services on the Project; and WHEREAS, Consultant agrees to make good faith efforts to ensure Project documents and Services for the West Trails comply with the Grant Requirements and for the Bike Hub comply with the Federal Requirements, including those provisions specifically identified in this Amendment and Exhibit "E"; and WHEREAS, in consideration for clarification of Consultant's responsibilities regarding the addition of grant funding for certain phases of the Project, Consultant is willing to assist the City in incorporating the Grant Requirements and Federal Requirements as applicable into the Project documents and Services; and WHEREAS, unless clearly provided otherwise herein, all terms, conditions, and phrases used herein shall have the same meaning as the terms, conditions, and phrases used in the Agreement, as amended. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Consultant agree to modify and amend the Agreement as follows: AMENDMENT 1. Recitals. The recitals to this Amendment are incorporated for all purposes 2. Acknowledgments. Consultant acknowledges that this Amendment modifies the original terms and conditions applicable to the West Trails and Bike Hub phases of the Project, which may indirectly include modifications or additional requirements applicable to the Scope and time for completion of the Services set forth in the Agreement. 3. Grant Requirements & Federal Requirements. Consultant and City agree that Exhibit "E", attached hereto and incorporated as an Exhibit to the Agreement by reference for all purposes, expressly identifies or directly references the Federal Requirements anticipated to apply to Consultant and Consultant's Services for the Bike Hub. Consultant and City further agree that (i) Agency guidance is provided by Texas Grant Management Standards, version 2.1 available at: httns://comptroller.texas.gov/purchasing/docs/grant-management-readerv2.1.ndf: and (ii) the following provisions expressly identify or directly reference the Grant Requirements anticipated to apply to Consultant and Consultant's Services for the West Trails and Bike Hub: a. Scope of Grant Requirements. (i) "Contractor" under this Section 3 shall include Consultant (including any of Consultant's independent contractors, subcontractors and sub -consultants), construction manager at risk contracted with the City for construction of the Project ("Construction Manager"), and any and all contractors and subcontractors performing installation or construction work on the Bike Hub or West Trails; and (ii) "contract" shall Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 2 of 24 Page 252 of 358 refer to the applicable contract for each Contractor, including specifically under this Amendment, reference to the Agreement with Consultant, as amended. b. Period of Performance. Notwithstanding any other term or project schedule provided in or approved under the Agreement, the deadline for receipt of all payment applications, invoices and required reporting documentation or records to be provided to City by Contractor, including but not limited to requests for release of retainage shall not extend beyond May 30, 2028, in order to allow project closeout by the City under the Grant Terms. Any amendment to the Agreement that extends the period of performance beyond this deadline shall be null and void unless such amendment specifically identifies Agency approval for an extension of the City's period of performance under all applicable Grant Terms. c. Archaeological Clearance. The Archaeological Clearance from the Texas Historical Commission ("THC") applicable to the West Trails and Bike Hub was received on 4/2/25. No historic properties are present or affected by the Project as proposed, as provided by the Texas Historical Commission on 4/2/25. However, if historic properties are discovered or unanticipated effects on historic properties are found, work should cease in the immediate area; work can continue where no historic properties are present. Contractor shall notify the City and contact the THC's History Programs Division at 512-463-5853 to consult on further actions that may be necessary to protect historic properties. Further, if cultural materials are encountered during construction or disturbance activities, work should cease in the immediate area; work can continue where no cultural materials are present. Contractor shall contact the City and the THC's Archeology Division at 512-463-6096 to consult on further actions that may be necessary to protect the cultural remains. d. Child Support Obligation. Under Section 231.006 of the Family Code, Contractor certifies that the business entity named in this contract is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. A bid or an application for a contract paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Contractor further warrants and represents that this provision will be included in all applicable subcontracts. e. Debts and Delinquencies. Contractor acknowledges and agrees that, to the extent Contractor owes any debt including, but not limited to, delinquent taxes, delinquent student loans, and child support owed to the State of Texas, any payments or other amounts Contractor is otherwise owed under this contract may be applied toward any debt Contractor owes the State of Texas until the debt is paid in full. f. Disclosure Protections for Certain Charitable Organizations, Charitable Trusts and Private Foundations. Contractor represents and certifies that it will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. Excluded Parties. Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism," published by the United States Departiuent of the Treasury, Office of Foreign Assets Control. Entities ineligible for federal procurement are currently accessible at: https://sam.gov/content/home. Contractor acknowledges that this contract may be terminated without recourse and payment withheld if this certification is inaccurate or becomes inaccurate. g. Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 3 of 24 Page 253 of 358 h. Records Retention. Contractor shall maintain and retain all records relating to the performance of this contract including supporting fiscal documents for any invoices under this contract and any invoices or payment applications of all independent contractors and subcontractors. These records will be maintained and retained by Contractor for a period of four (4) years after the contract termination or expiration date. City reserves the right to direct Contractor to retain documents for a longer period of time or transfer certain records to City custody when it is determined the records possess longer term retention value. Contractor must include the substance of this clause in all subawards and subcontracts. i. State Auditor's Right to Audit. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Grant Terms or indirectly through a subcontract under the Grant Term, including under this contract. The acceptance of funds under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Reporting Suspected Fraud and Unlawful Conduct. Contractor represents and warrants that it will comply with Section 321.022 of the Texas Government Code which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. k. Reporting Compliance. Contractor represents and warrants that it will submit timely, complete, and accurate reports in accordance with this contract and maintain appropriate backup documentation to support the reports. 1. Political Polling Prohibition. Contractor represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling in accordance with the Grant Terms and Texas General Appropriations Act. 4. Agencv Budget & Change Order Approval. TPWD has approved a budget for each of the West Trails and Bike Hub phases of the Project. Consultant acknowledges that in addition to the requirements for processing of change orders under the Agreement, Agency approval may be required and change orders for the Bike Hub may also be subject to Federal Requirements applicable to change orders (ex., separate negotiation of profit, updated independent cost estimates, other 2 CFR 200.317- 327 requirements, etc.). 5. Conflict of Interest. Lobbying. Political Activities and Other Federal Requirements. Consultant and City agree that neither is aware of any occurrence prior to the date of this Amendment of any debarment, conflict of interest, activity prohibited by this Section or use of funds (whether paid directly or in the form of reimbursement to the City) for disallowed activities, regardless of proof of formal compliance by Consultant with such applicable Federal Requirements prior to the date of this Amendment. Consultant agrees to comply with the following provisions (and any similarly referenced provisions contained in Exhibit "F" or as certified in Exhibit "E") for the remaining term of the Agreement beginning on the date of this Amendment: a. Debarment. As a condition precedent to disbursement of any Federal Funds under this Agreement, Consultant shall provide Consultant's Unique Entity Identifier Number (UEI) to the City and shall be registered on www.sam.gov (or any successor thereto). Consultant will not be eligible to submit any Payment Application unless Consultant's status on sam.gov is active, Consultant has no exclusions, has no delinquent federal debt and has not been declared ineligible, or otherwise excluded, disqualified, debarred, suspended, proposed for debarment, J. Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 4 of 24 Page 254 of 358 declared ineligible, or voluntarily excluded from doing business with the federal government, State of Texas, or the City. b. Subcontractor Debarment. Consultant shall ensure that all contractors, subcontractors, and vendors utilized by Consultant are properly licensed, and that no such entity is excluded, disqualified, debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from doing business with the federal government, State of Texas, or the City. Consultant shall submit printed verification of such entity's status on www.sam.gov (or any successor thereto) along with any Payment Application anticipated to be reimbursed with Federal Funds or submitted after the effective date of this Amendment which includes invoices from such contractor, subcontractor, or vendor. In the event the City determines that any contractor, subcontractor, or vendor is excluded, disqualified, debarred, suspended, or is not properly licensed, Consultant shall immediately cause the contractor, subcontractor, or vendor to stop work on the Project. In no event shall this section be construed to be an assumption of any responsibility or liability by City for the determination of the legitimacy, quality, ability, or good standing of any Consultant or subcontractor. c. Conflict of Interest Certification. Pursuant to 2 CFR § 200.112, Consultant must comply with the requirements, prohibitions, and limitations of the City's conflict of interest policies, rules, or regulations and state and federal common law regulating conflicts of interest, which includes but is not limited to a requirement that Consultant must disclose in writing to the City any potential conflict of interest as soon as possible after learning of such conflict. Exhibit "E" as completed, executed and submitted by Consultant ("Certification") is attached hereto and incorporated as an Exhibit to the Agreement by reference for all purposes, is a material representation of fact upon which reliance is placed by City each time a Payment Application is paid by the City or submitted for reimbursed using Federal Funds. d. Consultant Conflict of Interest Policy. Consultant agrees to abide by the provisions of 2 CFR 200, which include maintaining a written code or standards of conduct governing the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by Federal funds. e. Byrd Anti -Lobbying and Hatch Act Certification. Submission of the Certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. 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. Further, Consultant agrees that no funds provided, nor personnel employed under the Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of 5 U.S.C. Chapter 15. f. Whistleblower Protection. Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing, in accordance with 41 U.S.C. § 4712, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. False Statements. Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Consultant's actions pertaining to this Agreement. False statements or claims may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Except g. Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 5 of 24 Page 255 of 358 as otherwise provided under federal law, any person who knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme, or device or who makes any materially false, fictitious, or fraudulent statement or representation or who makes or uses any false writing or document despite knowing the writing or document to contain any materially false, fictitious, or fraudulent statement or entry shall be prosecuted under Title 18, United States Code, § 1001. Consultant shall provide notice of this requirement to its contractors, subcontractors, and vendors that perform any portion of the Services on the Project. 6. Amendment is Cumulative. The Consultant acknowledges that this Amendment is cumulative and is not intended to waive any obligation of City or Consultant under the Agreement. 7. Agreement Terms and Conflict. Except as modified herein, the terms and conditions of the Agreement, as amended, remain unchanged. In the event of a conflict between the terms of this Amendment and those of the Agreement, as amended, City and Consultant agree that the terms of this Amendment shall take precedence. 8. Choice of Law and Venue. This Amendment has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 9. Invalidity: Severabilitv. If any provision of this Amendment shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of the Agreement, as amended by this Amendment, with legal terms and conditions approximating the original intent of the parties. 10. Entire Agreement. The Agreement, as amended including by the modifications of this Amendment, represents the entire and integrated contract between City and Consultant and supersedes all prior negotiations, representations, or contracts, either written or oral. 11. Duplicate Originals. The parties may execute this Amendment in duplicate originals, each of equal dignity, and further, copies of this complete and fully executed Amendment (including copies of signatures) shall have the same force and effect as an original. 12. Authority to Contract. Each party represents that it has the full power and authority to enter into and perform the Agreement, as amended, and the person signing this Amendment on behalf of each party has been properly authorized and empowered to enter into this Amendment. The persons executing this Amendment hereby represent that they have authorization to sign on behalf of their respective entity. Signature Page Immediately Follows Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 6 of 24 Page 256 of 358 IN WITNESS WHEREOF, the parties have executed this Amendment to be effective as of the last date making it fully executed. THE ARKITEX STUDIO, INC. CITY OF COLLEGE STATION By: hitt. rued, By: City Manager Printed Name: Mike Record Date: Title: Principal Date:9/1/2026 APPROVED: Vora PUV,un, City Attorney Date: 9/2/2026 Assistant City Manager/CFO Date:9/2/2026 Additional Signatures Required on Following Certification List of Exhibits: A. Scope of Services (not attached to this Amendment) B. Payment Terms not attached to this Amendment) C. Certificates of Insurance (not attached to this Amendment) D. Conflict of Interest and Byrd Anti -Lobbying Certification (attached to this Amendment) E. Federal Requirements (attached to this Amendment) Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 7 of 24 Page 257 of 358 EXHIBIT D CONFLICT OF INTEREST AND BYRD ANTI -LOBBYING CERTIFICATION The undersigned consultant ("Contractor") certifies, to the best of their knowledge and belief, the following certification and disclosure regarding payments to influence certain transactions involving federal funds: 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 contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of and Federal contract, 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 making lobbying contacts to 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 this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96)]. 3. As required under 24 CFR 570.611, no employee, agent, consultant officer, contractor or elected or appointed official of the City who exercises or has exercised any functions or responsibilities with respect to federally - assisted activities of the City, or who is in a position to participate in a decision -making process or gain inside information with regard to activities assisted with federal funds provide by the City, has a financial interest or benefit from the Agreement with the undersigned Contractor; nor has a financial interest in the Agreement with Contractor, nor any of Contractor's subcontracts under the Agreement; nor has a financial interest in the proceeds derived from the Agreement, either for him or herself or for those with whom he or she has family or business ties, during his or her tenure or during the one-year period following his or her tenure. 4. As required under 2 CFR 200.318 and the City's Conflict of Interest Policy, no member of the City Council has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in this Agreement with the Contractor, or is financially interested, directly or indirectly, in the sale to, or purchase from, the City of any land, materials, supplies, or services except on behalf of the City; provided, however that the provisions of this section shall only be applicable when the stock owned by the member of City Council exceeds one percent (1%) of the total capital stock of the corporation; AND no member of City Council, nor any officer or employee of the City of College Station, has accepted, directly or indirectly, any gift, privilege, or employment from the Contractor, except as may be authorized by law or ordinance; AND no employee, officer, agent, member of City Council or board member, nor any member of their immediate family, their partner, or an organization that employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from the selection, award, or administration of this Agreement, nor has accepted from Contractor, Contractor's employees, agents or officers gratuities, favors, or anything of monetary value. 5. The Contractor shall require that the language of this certification be included in all contracts and subcontracts and require that all contractors and subcontractors of Contractor certify and disclose accordingly any real or apparent conflict of interest, lobbying activity, or other activity listed above. This certification is a material representation of fact upon which reliance was placed when this transaction was Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 8 of 24 Page 258 of 358 made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. The Contractor, as represented by an authorized representative with authority to bind Contractor and make the above representations on behalf of Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Company understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Consultant Company Name: The Arkitex Studio, Inc. Authorized Signature: Atilt, rv,ori, Name of Authorized Official: Mike Record Title: Principal Date: 9/1/2026 Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 9 of 24 Page 259 of 358 EXHIBIT E FEDERAL REQUIREMENTS (LWCF Federal Funds administered through TPWD) This Exhibit is attached and incorporated into Contract No. 25300017, as amended, ("Agreement"), by and between the City of College Station ("City" or "Recipient") and Consultant. Capitalized terms have the same meaning as provided in the Agreement unless expressly noted otherwise in this Exhibit. In this Exhibit, Consultant, its contractors, subconsultants and subcontractors, and the construction -manager -at -risk procured by the City, its contractors and subcontractors on the Bike Hub are collectively referred to as "Contractor" for administrative convenience of Consultant in incorporating applicable requirements into contracts, subcontracts; and Project documents; provided, however, the City and Consultant agree Consultant is assisting the City in performing a grant -funded project, but is neither a subrecipient nor "contractor" intended to receive State Funds or Federal Funds as such terms are defined in the Agreement. "Project" as referred to in this Exhibit shall refer only to the Bike Hub. In addition to the Grant Requirements contained in the Agreement, the Federal Requirements for the LWCF program generally include, without limitation, compliance with the following laws, regulations and Agency guidance: • LWCF Manual v2026 - Land and Water Conservation Fund (U.S. National Park Service) available at: httos://www. nos. 2ov/subi ects/lwcf/v2026.htm. • Texas Architectural Barriers Act (Texas Civil Statutes — Article 9102) and Americans with Disabilities Act (ADA) (Public Law 101-336): Texas Accessibility Standards can be found on the Texas Department of Licensing & Registration' s web site httn://www.license.state.tx.us/ab/ab.htm: • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR 200 and 2 CFR Part 1402 - Financial Assistance Interior Regulation; • All applicable federal, state, and local safety, health, and sanitation laws, including 29 CFR Part 1926 — Safety and Health Regulations for Construction; • TPWD Approved Budget Summary; • Recreation Grants Manual Grant administration requirements, including, without limitation, requirements for; o Records submission and maintenance; o Program Income reporting; o Reversion of assets; o Debarment, suspension, and remedies; o Non-discrimination; o Labor standards'; o Environmental Standards under 24 CFR Part 58; o Prohibition on use of debarred, suspended, or ineligible contractors or subrecipients; o Conflicts of interest; and o Architectural Barriers Act of 1968 and Americans with Disabilities Act of 1990 under 28 CFR Parts 35-36. Includes section 110(a) of the Housing and Community Development Act of 1974, as amended; the Contract Work Hours and Safety Standards Act Department of Labor Regulations under 29 CFR Parts 1, 3, 5, 6 and 7; regulations under 24 CFR Part 70 for volunteers; and Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act) (29 C.F.R. Part 5). Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 10 of 24 Page 260 of 358 More detailed provisions are contained in the remainder of this Exhibit. Headings are for internal City use and are not dispositive nor limiting in the application of a provision to the Agreement, nor to Contractor, any of Contractor's employees, officers, subcontractors, volunteers nor representatives in any way. I. REQUIREMENTS ASSOCIATED WITH THE TPWD LWCF PROGRAM A. Compliance With Law. Contractor hereby covenants and agrees that it has complied and will continue to comply with all applicable federal, state and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of Federal funds for this federally -assisted program. It is the Contractor's responsibility to keep itself fully informed of and in compliance with all such requirements and to provide all notices as required by law. B. Build America, Buy America Act (BABA). The Bike Hub is subject to the Build America, Buy America Act ("BABA"), enacted as part of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, and Contractor agrees to comply with BABA, as provided below. Pursuant to BABA, Contractor is required to apply a domestic content procurement preference (the `Buv America preference" or "BAP") for all iron, steel, manufactured products, and construction materials incorporated into the Project. All iron, steel, manufactured products and construction materials incorporated into the Project must be produced in the United States, including such materials installed by any subcontractors or suppliers. Definitions of iron, steel, manufactured products, and construction materials can be found in 2 C.F.R. Part 184 and are incorporated herein by this reference. Additional information regarding BABA requirements and compliance may be found at https://www.hud.gov/program offices/general counsel/build america buy america and is incorporated herein by this reference. A. BABA Opinions and Estimates. All opinions and estimates relating to costs or expenses prepared or provided by Contractor relating to the Project shall incorporate, be consistent with, and reflect compliance with BABA requirements. B. Confirmation of Compliance. From the date of this Agreement until three (3) years after the Project is completed, Contractor must obtain and maintain records sufficient to: (1) track all product purchases relating to the Project in sufficient detail to identify the source of the funding for the purchase; and (2) demonstrate compliance with BABA as follows: (i) for products purchased in compliance with the BAP, obtaining and maintaining documentation that the product complied with BAP requirements; and (ii) for products purchased pursuant to a waiver or other exemption from the BAP, obtaining and maintaining adequate information to validate that the purchase was covered by a waiver or other exemption. For all iron, steel, manufactured products, and construction materials incorporated into the Project, Contractor shall, upon receipt of the same, obtain confirmation that the product or material was purchased in compliance with the BAP. Such confirmation must take one or more of the following forms: (1) A certificate from the manufacturer or reseller stating that the product complies with BABA; (2) For products that cost less than $100 per product, a copy of a label that indicates the product was made in the United States; or (3) For small purchases of product that are less than the Simplified Acquisition Threshold (see 2 CFR 200.320(a)(2), as may be adjusted from time to time, either a copy of a product specification that provides sufficient detail to conclude that the product complies with the BAP or a certification from a manufacturer or reseller of a product that confirms that the product is BABA compliant. Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 11 of 24 Page 261 of 358 C. Budget and Plan Revisions. Contractor is required to report deviations from the approved budget, project or program scope, or objective, and request prior approval from the City, and receive approval from the City and Agency for budget and program plan revisions, in accordance with 2 CFR 200.308. D. No Overhead Utility Lines. Contractor acknowledges that, under the LWCF program, no overhead utility lines may be installed as part of the Project or the work under the Agreement, regardless of any plans or specifications to the contrary. Contractor shall notify the City immediately if installation of any overhead utility lines are identified in the scope of work for any contract or subcontract related to this Agreement, or become required at any time during the term of the Agreement. E. Requirement for Flood Insurance Flood insurance will be required for insurable facilities located within special flood hazard areas for which the Flood Insurance Administration has issued a flood hazard boundary map or a flood insurance rate map. If the Flood Insurance Administration withdraws the applicable map(s) for a special flood hazard area for any reason, the insurance requirement is suspended for projects located in that special flood hazard area that are approved during the period the map(s) is (are) withdrawn. F. Civil Rights Act, Non -Discrimination and Equal Opportunity. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, sexual orientation, age, national origin, or ancestry and must comply with all non-discrimination laws relating to same, including, without limitation, ensuring compliance with the following: i. The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), as amended, and implementing regulations at 24 CFR Part 146. ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and implementing regulations at 24 CFR Part 8, which prohibit discrimination on the basis of age and discrimination against otherwise qualified individuals with disabilities. iii. The Equal Employment Opportunity Act of 1972, as amended, and the regulations issued at 41 CFR chapter 60, which provide for the promotion and insuring of equal opportunity for all persons, without regard to race, color, religion, sex, sexual orientation, or national origin, employed or seeking employment. iv. Americans with Disabilities Act of 1990. Contractor must not discriminate against handicapped persons and must provide accessibility for handicapped persons in connection with the Agreement and the Project. Contractor must comply with all applicable requirements of the Americans with Disabilities Act of 1990 and implementing regulations (28 CFR Parts 35-36), in order to provide handicapped accessibility to the extent readily achievable. v. Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 (42 U.S.C. § 2000e, et seq.). vi. Title IX of the Education Amendments of 1972 at 43 CFR Part 41. vii. Specific discriminatory actions prohibited at 28 CFR 42.104(b)(2). G. Equal Employment Opportunity Clause Required in Contracts and Subcontracts. Contractor hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 12 of 24 Page 262 of 358 is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause (as updated by the Federal Government, the parties understanding that the version provided below was incorporated in the Grant Terms, but some laws and executive orders may have been modified since issuance of the Grant Terms by TPWD): During the performance of the Agreement, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 13 of 24 Page 263 of 358 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. H. Controlled Plants No person may import, possess, sell, or place into water of this state exotic, harmful, or potentially harmful fish, shellfish, or aquatic plants except as authorized by rule or permit issued by Texas Parks & Wildlife, including the following plant species. For further information, please visit TPWD's Exotic and Invasive Species website (httns://tawd.texas.2ov/huntwild/wild/snecies/exotic/). I. Protections for Whistleblowers. Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing, in accordance with 41 U.S.C. § 4712, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. J. Drug Free Workplace. Contractor must comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100-690, title v, subtitle D; 41 U.S.C. 701 et seq.) and implementing regulations at 2 CFR part 2429 and 2 CFR part 182, and maintain a drug -free work environment. The final rule, government -wide requirements for drug - free work place (grants), issued by the office of management and budget (2 CFR part 182) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the Contractor must comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. K. Lead -Based Paint. Contractor must comply with the requirements, as applicable, of the Lead -Based Paint Poisoning Prevention Act (43 U.S.C. 4821-4846) and implementing regulations at 24 CFR Part 35, the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851-4856). L. Environmental Laws Contractor must comply with environmental standards that may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190); (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 14030; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.), 40 C.F.R. Parts 6, 51, and 93; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205); and (i) Wild and Scenic Rivers Act of 1989 (16 U.S.C. § 1271 et seq.). Contractor must include this requirement in all subcontracts under the Agreement. M. Records. The following access to records requirements apply to the Agreement: Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 14 of 24 Page 264 of 358 i. Contractor agrees to provide the City, any Agency, the State Auditor's Office, or any of their authorized representatives access to any books, documents, papers, and records of Contractor which are pertinent to the Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. Contractor must keep its books, documents, papers, and records available for this purpose for the longer of at least (i) five (5) years after the Agreement terminates or expires, (ii) following the completion of the closeout of the Agreement, or (iii) such longer time as the City specifies prior to the end of such 5-year period, provided, however, in the event of litigation, claim, or audit, the records must be retained until all litigation, claims, and audit findings involving the records have been fully resolved. This provision does not limit the applicable statute of limitations. ii. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iii. Contractor agrees to provide the Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the Agreement. iv. Contractor acknowledges and agrees that no language in the Agreement is intended to prohibit audits or internal reviews by the Agency or its authorized representatives or the State Auditor's Office. v. Within ten (10) days of written request by the City, Contractor agrees to provide the City all relevant documentation pertaining to the Agreement to confirm compliance with Federal requirements, ensure the Agreement is achieving its purpose, and to respond to audits, as necessary. vi. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action commences during this required retention period, all records must be retained until a full and final resolution of the action. N. Reports. Contractor must prepare and submit financial, Project progress, monitoring, evaluation, personnel, property, and financial records and other reports as required by City and in the format acceptable to City to assure proper accounting of all Grant Funds. Contractor must furnish such information that, in the judgment of the Director, may be relevant to questions of compliance with contractual conditions hereunder or granting agency directives, or with the effectiveness, legality, and goals of the Agreement. II. REQUIREMENTS TO IMPLEMENT GENERAL FEDERAL LAWS A. Historic Preservation (16 U.S.C. § 470; 16 U.S.C. § 469a-1 et seq.) Contractor must assist the City, as applicable, in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq); 36 C.F.R. Part 800; and The Reservoir Salvage Act of 1960, as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. § 469, etseq), particularly section 3 (16 U.S.C. § 469a-1). B. Energy Policy and Conservation Act (42 U.S.C. § 6201). Contractor must comply, as applicable, with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. §6201). C. Hatch Act Contractor agrees that no funds provided, nor personnel employed under the Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of 5 U.S.C. Chapter 15. Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 15 of 24 Page 265 of 358 D. Coastal Barriers. Contractor must comply, as applicable, with the Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., which provides that no financial assistance under the Agreement may be made available within the Coastal Barrier Resources System. E. Federal Government not a Party. Contractor acknowledges that the Federal Government is not a party to the Agreement and is not subject to any obligations or liabilities to the City, Contractor, or any other party pertaining to any matter resulting from the Agreement. F. False Statements. Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Contractor's actions pertaining to the Agreement. False statements or claims may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Except as otherwise provided under federal law, any person who knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme, or device or who makes any materially false, fictitious, or fraudulent statement or representation or who makes or uses any false writing or document despite knowing the writing or document to contain any materially false, fictitious, or fraudulent statement or entry shall be prosecuted under Title 18, United States Code, § 1001. ANY PERSON WHO KNOWINGLY MAKES A FALSE CLAIM OR STATEMENT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES UNDER 18 U.S.C. § 287, 18 U.S.C. § 1001, AND 31 U.S.C. § 3729. G. Logos. Contractor must not use the Agency seal(s), logos, crests, or reproductions of flags or likenesses of any Agency officials without specific Agency pre -approval. H. Debts Owed to the City. Any funds paid to Contractor (1) in excess of the amount to which Contractor is finally determined to be authorized to retain under the terms of its award from Treasury; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603 (e) of the Act and have not been repaid by the Contractor shall constitute a debt to the City and to the Federal government. Any debts determined to be owed to the City must be paid promptly by Contractor for repayment to the federal government. A debt is delinquent if it has not been paid by the date specified in the City's initial written demand for payment, unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in this paragraph. The City will take any actions available to it to collect such a debt. I. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating Contractor -owned, rented, or personally -owned vehicles. Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 16 of 24 Page 266 of 358 J. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text messaging while driving. III.2 CFR PART 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS, INCLUDING APPENDICES Contractor must comply with the applicable requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), including all appendices, other than such provisions as Treasury may determine are inapplicable to the Agreement and subject to such exceptions as may be otherwise provided by Treasury. All Appendices and Subparts E — Cost Principles and F — Audit Requirements of the Uniform Guidance implementing the Single Audit Act apply to the Agreement, including, but not limited, to the following: A. Appendix II to Part 200 (A) — Remedies. The administrative, contractual, or legal remedies in the Agreement apply when the Contractor defaults, violates, or breaches the Agreement. B. Appendix II to Part 200 (B) - Termination for Cause/Convenience. The parties must comply with the termination for cause provision and the termination for convenience provision set forth in this Exhibit. C. Appendix II to Part 200 (C) — Equal Employment Opportunity The Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, During the performance of the Agreement, Contractor agrees as follows: i. Contractor must not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor must take affirmative action to ensure that applicants are employed, including, but not limited to, implementing the principles in Executive Order 11246, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor must include the requirements of this section in all subcontracts. Such action shall include, but not be limited to the following: ii. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this clause. iii. Contractor must, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iv. Contractor must not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 17 of 24 Page 267 of 358 investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor's legal duty to furnish information. v. Contractor must send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor's commitments under this section and must post copies of the notice in conspicuous places available to employees and applicants for employment. vi. Contractor must comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vii. Contractor must furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and must permit access to books, records, and accounts by the Agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. viii. In the event of Contractor's noncompliance with the nondiscrimination clauses of the Agreement or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. ix. Contractor must include the requirements of the preceding subparagraphs of this section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or Contractor. Contractor must take such action with respect to any subcontract or purchase order as the Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. D. Appendix II to Part 200 (D), (E) — Davis -Bacon Act; Contract Work Hours and Safety Standards Act. Contractor must comply, as applicable, with 40 U.S.C. 3141-3148, 40 U.S.C. 3701-3708, and 29 CFR pt. 5 (labor standards originally enacted as the Davis -Bacon Act, the Contract Work Hours and Safety Standards Act, the Copeland Anti -Kickback Act). E. Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: If Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under the Agreement, the Contractor must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. F. Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: In addition to generally applicable environmental laws, the Contractor must comply with the following: i. Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Agency and the appropriate Environmental Protection District Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 18 of 24 Page 268 of 358 ii. Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. G. Appendix II to Part 200 (H) — Debarment and Suspension (See also 24 CFR § 5.105). i. The Agreement is a covered transaction for purposes of 2 CFR pt. 180. As such Contractor is required to verify that none of the Contractor's 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). ii. Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 2424 and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. Contractor must certify that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor further agrees to notify the City in writing immediately if Contractor or any of its contractors or subcontractors are not in compliance during the term of the Agreement. This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 2424 in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C throughout the Agreement. The Contractor further agrees to include a provision requiring such compliance in its subcontracts. v. Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under the Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of the Agreement. H. Appendix II to Part 200 (I) — Byrd Anti -Lobbying Act (See also 24 CFR § 5.105; Appendix A to 24 CFR part 87). Contractor must submit to the City a certification as required by law which provides that Contractor certifies and requires subcontractors to certify that they will not and have not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Contractor and each of Contractor's subcontractors must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures must be immediately forwarded to the City. I. Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials. i. Contractor must comply, as applicable, with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 19 of 24 Page 269 of 358 management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. ii. In the performance of the Agreement, Contractor must 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 Agreement performance schedule; (2) Meeting Agreement performance requirements; or (3) At a reasonable price. iii. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. iv. Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. J. Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. i. Contractor must not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under the Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. ii. See Public Law 115-232, section 889 for additional information. iii. Subcontracts. Contractor must include the substance of this section, including this paragraph, in all subcontracts and other contractual instruments. K. Appendix II to Part 200 (L) — §200.322 Domestic Preferences for Procurement. Contractor must, to the greatest extent practicable, purchase, acquire, or use 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 subcontracts. For purposes of this section: i. "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. ii. "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. L. Compliance with Subpart D of 2 CFR part 200. Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 20 of 24 Page 270 of 358 Materials, supplies and services procured in connection with activities under the Agreement must be procured, used, managed, and disposed in accordance with the requirements in Subpart D of 2 CFR part 200, as modified and supplemented by 24 CFR 570.502. M. Patents and Copyrights (2 CFR 200.315). Contractor acknowledges and agrees that the City and HUD each reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: i. The copyright in any work developed under the Agreement; ii. Any rights of copyright to which Contractor purchases ownership with proceeds from the Agreement; iii. The patent for any invention developed under the Agreement; and iv. Any rights in any patent to which Contractor purchases ownership with proceeds from the Agreement. N. Conflicts of Interest Prohibited (2 CFR § 200.112). Pursuant to 2 CFR § 200.112, Contractor must comply with the requirements, prohibitions, and limitations of the City's conflict of interest policies, rules, or regulations and state and federal common law regulating conflicts of interest. v. In the procurement of supplies, equipment, construction, and services by the Contractor, the conflict of interest provisions in 2 CFR Part 200, Subpart B - General Provisions, shall apply. vi. In all cases not governed by 2 CFR Part 200, Subpart B, the provisions of this section shall apply, unless the Agency grants an exception. Such cases include, but may not be limited to, the acquisition and disposition of real property and the provision of assistance by the Contractor, by its contractors, subcontractors, or to individuals, businesses or other private entities under eligible activities which authorize such assistance (e.g. rehabilitation, preservation, and other improvements of private properties or facilities). vii. No person who is an employee, agent, consultant, officer, or elected or appointed official of the City or of any designated public agency; contractor; subcontractor; or subrecipient which receives Federal Funds who exercise or have exercised any functions or responsibilities with respect to federal activities or who are in a position to participate in a decision -making process or gain inside information with regard to federal assisted activities, may obtain a personal or financial interest or benefit from, or have any interest in any contract, subcontract, or agreement or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter with respect to the federal assisted activity, or with respect to the proceeds of the federal assisted activity. viii. Disclosure of potential conflicts of interest. As soon as possible after learning of such conflict, Contractor must disclose in writing to the City any potential conflict of interest. O. Mandatory Disclosure (2 CFR § 200.113, 41 U.S.C. § 2313). Contractor must disclose, in a timely manner, in writing to the City all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Agreement. Failure to make required disclosures constitutes a breach of the Agreement. During the term of the Agreement, Contractor must submit the information to the City about each proceeding that: i. Is in connection with the Agreement or performance of work or services for the Project, cooperative agreement, or procurement contract from the Federal Government; ii. Reached its final disposition during the most recent five-year period; and Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 21 of 24 Page 271 of 358 iii. Is one of the following: 1) A criminal proceeding that resulted in a conviction; 2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3) An administrative proceeding, that resulted in a finding of fault and liability and the Grantee's payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or 4) Any other criminal, civil, or administrative proceeding if: a. It could have led to an outcome described above; b. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Contractor's part; and c. The requirement to disclose information about the proceeding does not conflict with applicable laws and regulations. P. Internal Controls (2 CFR § 200.303). Contractor must take reasonable measures to safeguard protected personally identifiable information and other information considered to be sensitive consistent with applicable Federal, State, and local laws regarding privacy and responsibility over confidentiality. Q. Accessibility and Nondiscrimination. In addition to any other accessibility and nondiscrimination laws in the Agreement and Exhibit, Contractor must adhere to the accessibility and nondiscrimination requirements set forth in state and federal law applicable to the Agreement and Project, including but not limited to the following: i. Uniform Federal Accessibility Standards; ii. 24 CFR part 8.26; and iii. Architectural Barriers Act of 1968 (42 U.S.C. §§4151-4157). R. Protections for Whistleblowers (2 CFR § 200.217). Contractor is responsible for complying with all requirements of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, and also requirements implementing the Act at 2 CFR parts 25 and 170. This also includes statutory requirements for whistleblower protections at 10 U.S.C. 2409, 41 U.S.C. 4712, and 10 U.S.C. 2324, 41 U.S.C. 4304 and 4310. Contractor must inform its subcontractors and employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. An employee must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The recipient and subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. 4712. See statutory requirements for whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C. 4310. Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 22 of 24 Page 272 of 358 S. Contracting with Small, Veteran -owned, Minority -owned and Women's Business Enterprises, and Labor Surplus Area Firms (2 CFR § 200.321). If Contractor intends to subcontract any portion of the work covered by the Agreement, Contractor shall ensure that small, minority -owned and veteran -owned businesses, women's business enterprises and labor surplus area firms (collectively, "MWVSBEs") are considered and used when possible. Consideration includes Contractor taking and documenting the following steps: i. Placing qualified MWVSBEs on solicitation lists (ex., the Texas Comptroller maintains a list of Historically Underutilized Businesses searchable by type and geographic area at: https://mycpa.cpa.state.tx.us/tpassemblsearch/); ii. Assuring that MWVSBEs are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by MWVSBEs ; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by MWVSBEs; and v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring this clause in any subcontracts. T. Minimum Bonding Requirements (2 CFR § 200.326) If the Agreement involves construction or facility improvements for the Project in excess of the simplified acquisition threshold, as that term is defined in 2 CFR 200 subpart A, Contractor must maintain a performance bond for 100 percent (100%) of the contract price to secure fulfillment of all the Agreement's requirements. U. Certification Regarding Lobbying (2 CFR § 200.450; 24 CFR § 5.105; 24 CFR part 87 31 U.S.C. § 1352) Contractor must comply with the requirements of 31 U.S.C. § 1352, 2 CFR § 200.450, and 24 CFR 87. Contractor must submit the certification regarding lobbying as required by law to the City. Contractor must include language in all contracts, subcontracts, and other agreements requiring that all parties to same to certify and disclose that: i. 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 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii. 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 contract, grant, loan, or cooperative agreement, the undersigned must complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. IV. DAVIS BACON ACT; CONSTRUCTION CONTRACT LABOR CLAUSES; TEXAS PREVAILING WAGE — GOVERNMENT CODE CHAPTER 2258 Contractor shall comply with applicable labor laws and wage determinations, including any attachments to this Exhibit and the Agreement. Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 23 of 24 Page 273 of 358 Amendment No. 3 Texas Independence Park Professional Services — The Arkitex Studio, Inc. Page 24 of 24 Page 274 of 358 September 10, 2026 Item No. 7.12. Plug and Play Funding Agreement Sponsor: Michael Ostrowski, Chief Development Officer Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on giving the City Manager authority to terminate for convenience the funding agreement with the Greater Brazos Partnership for services related to Plug and Play. Relationship to Strategic Goals: • Diverse & Growing Economy Recommendation(s): Approve Summary: Based on City Council's direction from the August 27, 2026 meeting, this item will formally authorize the termination of the funding agreement with the Greater Brazos Partnership for services related to Plug and Play. This action does not affect the City's broader operating agreement with the Greater Brazos Partnership for other economic development initiatives. Budget & Financial Summary: This funding agreement was established as a three-year commitment at a cost of $250,000 annually. The City is currently in the second year of this agreement. Attachments: None Page 275 of 358 September 10, 2026 Item No. 8.1. Electric Department Annual Update Sponsor: Glenn Gavit Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding the College Station Utilities Electric Department annual update. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends Council receive this presentation. Summary: Briefing on the status of various projects and programs within the Electric Utility. Budget & Financial Summary: N/A Attachments: None Page 276 of 358 September 10, 2026 Item No. 8.2. Terafab Impacts Sponsor: Michael Ostrowski, Chief Development Officer Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and potential action regarding the anticipated impacts of the Terafab project and College Station's readiness to address the associated opportunities and challenges. Relationship to Strategic Goals: • Financial Sustainability • Core Services & Infrastructure • Diverse & Growing Economy Recommendation(s): Staff recommends that Council receive the presentation and provide feedback as desired. Summary: This item was requested as a future agenda item by the City Council following the announcement of the project. The presentation will include a high-level overview of the potential impacts of the Terafab project and how anticipated growth may directly affect College Station. Staff will highlight regional growth trends, development and infrastructure capacity, and housing needs. It will also identify opportunities and potential challenges for College Station as the regional economy evolves. Budget & Financial Summary: N/A Attachments: None Page 277 of 358 September 10, 2026 Item No. 8.3. Midtown Business Park Agreements Sponsor: Michael Ostrowski, Chief Development Officer Reviewed By CBC: City Council Agenda Caption: Presentation and discussion regarding the proposed real estate agreements and economic development agreements for Bass Pro Outdoor World, LLC and The Corinth Group, Inc., for developments in the Midtown Business Park. Relationship to Strategic Goals: • Good Governance • Diverse & Growing Economy Recommendation(s): Staff recommends that Council receive the presentation and provide feedback as desired. Summary: This item provides an overview of the proposed real estate and economic development agreements with Bass Pro Outdoor World, LLC and The Corinth Group, Inc. for a 28-acre commercial development within the Midtown Business Park. The workshop will highlight the key terms and provisions of the proposed agreements. Action on these agreements is anticipated to occur at the September 24, 2026 City Council meeting. Budget & Financial Summary: N/A Attachments: None Page 278 of 358 September 10, 2026 Item No. 8.4. State of the City Sponsor: Bryan Woods, City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the State of the City. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff requests Council consider the options presented and provide direction on their preferred course of action. Summary: At the November 13th, 2025 meeting of the City Council, Councilmember William Wright requested a future agenda item to discuss a 'State of the City' event. A workshop item was placed on the April 23, 2026 meeting for council to discuss the topic. At the April meeting, the Council directed staff to return with options for potential 'State of the City' events. This item is presented in response to that request. Budget & Financial Summary: Attachments: None Page 279 of 358 September 10, 2026 Item No. 9.1. CCWWTP Enhanced Filtration Project Construction Contract Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a contract with CSA Construction, Inc. in the amount of $23,090,000 for the Carter Creek WWTP Enhanced Filtration Project, plus the City's contingency amount of $2,309,000 for a total appropriation of $25,399,000 and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. Approval of this item grants authority for the City Manager to authorize project expenditures up to the City's contingency amount. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: The City of College Station owns and operates two wastewater treatment plants, Carter Creek and Lick Creek, which together provide 14.5 million gallons per day of treatment capacity to reliably serve our growing community. As prioritized in the 2016 Wastewater Master Plan, the Carters Creek WWTP (CCWWTP) Filter Improvement Project replaces unreliable and underperforming infrastructure while adding new treatment capabilities to maintain long-term reliability and meet stringent environmental standards. The complex scope involves comprehensive mechanical, electrical, and structural upgrades, including integrating a new cloth filter system to enhance UV disinfection performance, replacing outdated equipment, and making key hydraulic profile improvements. Due to the technically intricate nature of this construction by CSA Construction, a contract amendment for Freese and Nichols is being brought to Council under separate cover to provide a dedicated Resident Project Representative (RPR) serving as a specialized construction inspector for rigorous technical oversight. Budget & Financial Summary: Budget in the amount of $33,380,400 is included for this project in the Wastewater Capital Improvement Projects Fund. A total of 3,688,593 has been expended or encumbered to date, leaving a balance of $29,691,807 for this contract and future expenses. The "Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt" is necessary for this project because all of the long-term debt projected to be issued for this project has not yet been issued. The debt for the project is scheduled to be issued at a later date. Attachments: 1. CCWWTP Enhanced Filtration Improvements Map 2. CCWWTP Enhanced Filtration Resolution 3. CCWWTP Construction Contract with CSA Page 280 of 358 Windwood Ra i ntree Extents Sandstone BLACKJACK CENTRAL PARK Project Location Streets CITY OF COLLEGE STATION H fT AdMUnivemiry. 0 412.5 825 1,650 2,475 Feet Page 2 RESOLUTION NO. RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH PROCEEDS FROM DEBT WHEREAS, the City of College Station, Texas (the "City") is a home -rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $33,380,400, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. PASSED AND APPROVED THIS loth DAY OF September, 2026. John Nichols, Mayor ATTEST: Tanya Smith, City Secretary (Seal) Page 282 of 358 APPROVED: Call P rkhurst & Horton L.L.P. Bond Counsel Page 283 of 358 Exhibit "A" The project to be financed that are the subject of this Statement is: Carter Creek Wastewater Treatment Plant Enhanced Filtration ($33,380,400) This project will install a new cloth filter system, new UV disinfection system to replace the old and out- of-date system and install new pumps to improve inadequate head conditions at the plant. The project will also demolish an existing structure, install new underground piping, and modify existing UV structure. Page 284 of 358 CA1 CITY OF COT.T.FGE STATION CONTRACT & AGREEMENT ROUTING FORM Home of Texas A&M University' CONTRACT#: 26300696 WW2400 PROJECT#: BID#: RFP#: 26-068 Project Name / Contract Description: Carter Creek WWTP Filter Improvements Name of Contractor: CSA Construction Inc. CONTRACT TOTAL VALUE: $ 23,090,000.00 Grant Funded Yes No If yes, what is the grant number: 1 Debarment Check Section 3 Plan Incl. Yes Yes No No NEW CONTRACT RENEWAL # N/A Davis Bacon Wages Used n Yes n Non N/A N/A Buy America Required n Yes n Non N/A Transparency Report n Yes I No I x 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) Budget in the amount of $33,380,400 is included for the project in the Wastewater Capital Improvements Project Fund. A total of $3,688,593 has been expended or encumbered to date, leaving a balance of $29,691,807 for this contract and future expenses. N/A (If required)* 09/10/26 CRC Approval Date*: Council Approval Date*: Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: WWU Performance Bond: BW Payment Bond: BW Form 1295: BW SIGNATURES RECOMMENDING APPROVAL I (Ail& DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE LEGAL DEPARTMENT DATE ASST CITY MGR — CFO DATE CITY MANAGER DATE N/A MAYOR (if applicable) DATE N/A CITY SECRETARY (if applicable) DATE Original(s) sent to CSO on Scanned into Laserfiche on Original(s) sent to Fiscal on APPROVED & EXECUTED 9/3/2026 Page 285 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 CSA Construction, Inc. (the "Contractor") for the construction and/or installation of the following: As described in CSP 26-068 Carter Creek Wastewater Treatment Plant Filter Improvements 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: Two Million Three Hundred Nine Thousand and NO /100 Dollars ($ 2,309,000.00 ). 1.06 Contract Amount. The term "Contract Amount" shall mean the amount of Contractor's lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor's Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in consideration of the Contractor's final completion of all Work in conformity with this Agreement, the City shall pay the Contractor an amount not to exceed: Twenty -Three Million Ninety Thousand and NO /100 Dollars ($ 23,090,000.00 ). 1.07 Contract Documents. The term "Contract Documents" shall mean those documents listed in Section 2.01. 1.08 Contractor. The term "Contractor" shall mean the person(s), partnership, or corporation who has agreed to perform the Work contemplated in this Agreement and the other Contract Documents. 1.09 Contractor's Proposal. The term "Contractor's Proposal" shall mean the document provided by the Contractor in response to, and shall include all information required by the City's Request for Proposal/Invitation to Bid for the Project. Contract No. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 1 Page 286 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 2 Page 287 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 3 Page 288 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 4 Page 289 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 5 Page 290 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 6 Page 291 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 7 Page 292 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 8 Page 293 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 9 Page 294 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 10 Page 295 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 11 Page 296 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 12 Page 297 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 13 Page 298 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 14 Page 299 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: n16.04 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 15 Page 300 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 16 Page 301 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. ❑ 17.03 For "Extra Work", as defined in this Agreement and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original Contract price may not be increased by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non -included cost. 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 17 Page 302 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 18 Page 303 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 19 Page 304 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page20 Page 305 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page21 Page 306 of 358 that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 As a result of the difficulty in estimation, calculation and ascertainment of City's damages due to a failure of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the Work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Section 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of FIVE HUNDRED and NO /100 DOLLARS ($ 500.00 ) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01 The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02 The Contractor shall take the necessary precautions to protect any areas adjacent to its Work. 24.03 The Work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01 Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (1) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative, and all work will be of good quality, free from faults and defects (other than defects from third parties as set out in Chapter 59 Texas Business and Commerce Code relating to non -critical infrastructure), and in conformance with this Agreement, the other Contract Documents, and recognized industry standards . 25.02 All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03 This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04 Where more than a one (1) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. Contract No. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 22 Page 307 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 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 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 23 Page 308 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 24 Page 309 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 25 Page 310 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: I. Employer's Liability minimum limits of $1,000,000.00 for each accident/each disease/each Contract No. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 26 Page 311 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 27 Page 312 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 28 Page 313 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. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 28. BOND PROVISIONS (c) 28.01 Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City's discretion, such bonds shall be executed in accordance with all requirements of Chapter 3503 of the Texas Insurance Code, all other applicable law, and the following: Contract No. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 29 Page 314 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 30 Page 315 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 31 Page 316 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 32 Page 317 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 33 Page 318 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page134 Page 319 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 35 Page 320 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 36 Page 321 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 37 Page 322 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 38 Page 323 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. 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 39 Page 324 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 CSA Construction, Inc. CITY OF COLLEGE STATION By: PliAV'Dt, dl� �t� By: City Manager Printed Name: Richard Mayfield Date: Title: Pracirlant Date:9/3/2026 APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Contract No, 26300696 Construction Agreement Over $50,000 Form 4-20-23 Page 40 Page 325 of 358 EXHIBIT A DAVIS BACON WAGE RATES Contract No. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 326 of 358 "General Decision Number: TX20260291 05/18/2026 State: Texas Construction Types: Highway Counties: Texas Counties of Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Modification Number Publication Date 0 01/02/2026 1 05/18/2026 SATX2025-004 11/15/2023 Rates Fringes WORK ZONE BARRICADE SERVICER $ 17.75 0.00 WELDER $ 23.38 0.00 TRUCK DRIVER, TANDEM AXLE TRACTOR WITH SEMI TRAILER$ 21.71 0.00 TRUCK DRIVER, SINGLE OR TANDEM AXLE DUMP TRUCK $ 20.91 0.00 TRUCK DRIVER, SINGLE AXLE $ 19.70 0.00 TRUCK DRIVER LOWBOY FLOAT $ 25.96 0.00 TRAFFIC SIGNAL/LIGHT POLE WORKER $ 21.99 0.00 SPREADER BOX OPERATOR $ 19.31 0.00 SIGN ERECTOR $ 17.52 0.00 SERVICER $ 23.75 0.00 SCRAPER OPERATOR $ 17.52 0.00 ROLLER OPERATOR, OTHER $ 17.52 0.00 ROLLER OPERATOR, ASPHALT $ 20.24 0.00 REINFORCING STEEL WORKER $ 22.46 0.00 RECLAIMER/PULVERIZER OPERATOR $ 19.05 0.00 PIPELAYER $ 19.23 0.00 PAVEMENT MARKING MACHINE OPERATOR $ 22.00 0.00 PAINTER, STRUCTURES $ 23.76 0.00 OFF ROAD HAULER $ 17.52 0.00 MOTOR GRADER OPERATOR, ROUGH $ 22.95 0.00 MOTOR GRADER OPERATOR, FINE GRADE $ 26.56 0.00 MILLING MACHINE OPERATOR $ 21.73 0.00 MECHANIC $ 26.15 0.00 LOADER/BACKHOE OPERATOR $ 20.32 0.00 LABORER, UTILITY $ 19.05 0.00 LABORER, COMMON $ 17.52 0.00 FRONT END LOADER OPERATOR, OVER 3 CY $ 20.20 0.00 FRONT END LOADER OPERATOR, 3 CY OR LESS $ 20.33 0.00 FOUNDATION DRILL OPERATOR, TRUCK MOUNTED $ 24.28 0.00 FORM SETTER, PAVING & CURB $ 19.18 0.00 FORM BUILDER/SETTER, STRUCTURES $ 20.63 0.00 FLAGGER $ 15.52 0.00 EXCAVATOR OPERATOR, OVER 50,000 POUNDS $ 22.90 0.00 EXCAVATOR OPERATOR, 50,000 POUNDS OR LESS $ 22.93 0.00 ELECTRICIAN $ 30.54 0.00 DIRECTIONAL DRILLING OPERATOR $ 25.19 0.00 DIRECTIONAL DRILLING LOCATOR $ 21.39 0.00 CRAWLER TRACTOR OPERATOR $ 20.92 0.00 CRANE OPERATOR, LATTICE BOOM OVER 80 TONS $ 28.87 0.00 CRANE OPERATOR, LATTICE BOOM 80 TONS OR LESS $ 26.47 0.00 CRANE OPERATOR, HYDRAULIC 80 TONS OR LESS $ 29.24 0.00 CONCRETE SAW OPERATOR $ 25.97 0.00 CONCRETE PAVEMENT FINISHING MACHINE OPERATOR $ 22.81 0.00 CONCRETE FINISHER, PAVING AND STRUCTURES $ 20.61 0.00 BROOM 0R SWEEPER OPERATOR $ 18.09 0.00 BOOM TRUCK OPERATOR $ 27.82 0.00 ASPHALT RAKER $ 19.40 0.00 ASPHALT PAVING MACHINE OPERATOR $ 22.12 0.00 ASPHALT DISTRIBUTOR OPERATOR $ 24.07 0.00 AGRICULTURAL TRACTOR OPERATOR $ 19.14 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Note: Executive Order 13658 generally applies to contracts subject to the Davis -Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does Page 327 of 358 not apply to contracts subject only to the Davis -Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ill)). 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 ASUA, * AVG., ASAA, or ASC, denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The +SUA 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. ASUA 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 ASAA 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 ASAA identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests Page 328 of 358 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 329 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. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 330 of 358 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Contract No. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 331 of 358 PERFORMANCE BOND Bond No. 61BCSJL8970 THE STATE OF TEXAS THE COUNTY OF BRAZOS THAT WE, CSA Construction, Inc. KNOW ALL MEN BY THESE PRESENTS: , as Principal, hereinafter called "Contractor" and the other subscriber hereto Hartford Fire Insurance Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Twentv-Three Million Ninety Thousand and NO /100 Dollars ($ 23,090,000.00 ) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for As described in CSP 26-068 Carter Creek Wastewater Treatment Plant Filter Improvements 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. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 332 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. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 333 of 358 Bond No. 61BCSJL8970 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) CSA Construction, Inc. (Name of Contracto By: Name: Title: YrC,+E r Date: September 10, 2026 FOR THE SURETY: ATTEST/WITNESS (SEAL) By: Name: David T. Miclette Title: Witness Date: September 10, 2026 FOR THE CITY: REVIEWED: By: �GONS t.rtU..... Nan%: Richard Nlayfield ._.,�'.... ii Title: President = i Z 9 Date: September 10, 2026 5i• S\ `: Hartford Fire Insurance Company (Full Name of Surety) The Hartford Bond, T-4, One Hartford Plaza, Hartford, CT 06155 (Address of Surety for Notice) By: Name: Stacy Owens Title: Attorney -in -Fact Date: September 10, 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. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 334 of 358 TEXAS STATUTORY PAYMENT BOND Bond No. THE STATE OF TEXAS THE COUNTY OF BRAZOS 61 BCSJL8970 KNOW ALL MEN BY THESE PRESENTS: THAT WE, CSA Construction, Inc. , as Principal, hereinafter called "Principal" and the other subscriber hereto Hartford Fire Insurance Company , a corporation organized and existing under the laws of the State of Connecticut , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Twentv-Three Million Ninety Thousand and No /100 Dollars ($ 23,090,000.00 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the 10 day of September , 20 26 , for As described in CSP 26-068 Carter Creek Wastewater Treatment Plant Filter Improvements 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. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 335 of 358 Bond No. 61BCSJL8970 FOR THE CONTRACTOR: ATTEST & SEAL: (if a corporation) (SEAL) WITNESS: (if not a corporation) By: Name: Title: Date: Vzr-e Pzz•=bmgkr September 10, 2026 FOR THE SURETY: ATTEST/WITNESS By: Name: David T. Miclette Title: Witness Date: September 10, 2026 FOR THE CITY: REVIEWED: CSA Construction, Inc. (Name of Contractor) 0It111111N////� // / tor Name: Richard Mayfield Q• , n Title: President `s ' f Date: September 10, 2026 ''teee4: • • •```` Ii •�% -y%///lllllllll (SEAL) Hartford Fire Insurance Company (Full Name of Surety) The Hartford Bond, T-4, One Hartford Plaza, Hartford, CT 06155 (Address of Surety for Notice) By: Name: Stacy Owens Title: Attorney -in -Fact Date: September 10, 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. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 336 of 358 POWER OF ATTORNEY Direct Inquiries, Bond Authenticity and Claims to: THE HARTFORD BOND, T-14 One Hartford Plaza Hartford, Connecticut 06155 Bond.Claimsathehartford.com cal!: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOWEN MICLETTE & BRITT INS AGY LLC Agency Code: 46-504809, 61-613558, 21-225344 ® Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ® Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana ® Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut ❑ Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Aaron Hawley, Stacey Bosley, Ashley Britt, Kathleen Cuckler, Robert C. Davis, Will Duke, Rita G. Gulizo, Nikole Jeannette, Lucas Lomax, Barry K. McCord, David T. Miclette, Stacy Owens, Nancy Rios, Sandra Villegas of Fort Smith AR, New Orleans LA, Houston Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. STATE OF FLORIDA = O.• ',• 1 i ` vp•: aPO&4 `am' .S = �MCe /Fp n .6 • o_ mi zoi NNW %bury'••......a: N4"UgPONAtN... Phyllis A. Clark, Assistant Secretary ss. Lake Mary 0,tiAb(o Joelle L. LaPierre, Assistant Vice President COUNTY OF SEMINOLE J On this 1st day of March, 2024, before me personally came Joelle L. LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. Mariluz Arce My Commission HH 287363 Expires July 13, 2026 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of September 10, 2026 Signed and sealed in Lake Mary, Florida. F\PE INs�, 0.1Y, I949.,0- lir ^' 6;1 mtt ��`: i3; s j,• W. �NOMA 2;4 Keith D. Dozois, Assistant Vice President Rewzd: July 31, 2024 Page 337 of 358 THE HARTFORD Claims Imo uI Bales Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford' s underwriting companies to the following: Phone Number: Fax — Claims E-mail Mailing Address : 888-266-3488 860-757-5835 or 860-221-3965 bond. claims@thehartford. com The Hartford BOND, T-4 One Hartford Plaza Hartford, CT 06155 Claims Inquiries Notice 2003 Page 338 of 358 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your Agent. You may call The Hartford's Consumer Affairs toll -free telephone number for information or to make a complaint at: 1-800-451-6944 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi. texas. qov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ./TX4275-1 Page 339 of 358 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Contract No. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 340 of 358 ACORD 25 (2016/03) AC o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/1/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Artex Risk Solutions, Inc. 2850 Golf Road, 5th Floor Rolling Meadows IL 60008 INSURED CSA Construction, Inc. 2314 Mc Allister Rd Houston TX 77092 COVERAGES CONTACT NAME: Sue Oddo PHONE (C No. Extl: 630 438 1562 (A/c, No): IL I ADDRESS: Sue Oddo ,artexrisk.com INSURER(S) AFFORDING COVERAGE NAIL # INSURERA: Old Republic Insurance Company 24147 CSACONS-01 INSURER B : Travelers Property Casualty Company of America 25674 INSURER C : I INSURER D : I INSURER E : I INSURER F : CERTIFICATE NUMBER: 193626643 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 LTR TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT LOC OTHER: A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY B X UMBRELLA LIAB EXCESS LIAB SCHEDULED AUTOS NON -OWNED AUTOS ONLY OCCUR CLAIMS -MADE DED X RETENT ON $ n A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N ADDL SUBR INSD WVD POLICY NUMBER Y Y MWZY 307203 26 Y Y MWTB 307105 26 N/A POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) 4/1/2026 4/1/2027 4/1/2026 4/1/2027 CUP-1Y227769-26-NF 4/1/2026 4/1/2027 Y MWC 307104 26 4/1/2026 4/1/2027 LIMITS EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) Comp. Ded: $250 $ Coll. Ded: $500 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 SIR $ 10,000 XPER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Contract#: 26300696 The City of College Station, its agents, officials, employees and volunteers are included as Additional insureds for General Liability policy on a primary and non-contributory basis and Auto Liability as required by written contract. A Waiver of Subrogation in favor of additional insureds are included under the General Liability, Auto Liability and Worker's Compensation as evidenced herein as required by written contract. Umbrella Follows Form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of College Station 1101 Texas Avenue AUTHORIZED REPRESENTATIVE College Station TX 77842 j'j / //me(' © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 341 of 358 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) POLICY NUMBER: MWC 307104 26 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT DATE OF ISSUE: WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. INSURED COPY Page 342 of 358 CSA Construction. Inc. Policy Number: MWZY 307203 26 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG20011219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 343 of 358 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations All persons or organizations as required by written contract or agreement The locations as specified in the written contracts or agreements Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG20100704 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 MWZY 307203 26 CSA Construction, Inc. „A /„A /„„I, ,. „A /„A /,,,, /,1 Page 344 of 358 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All persons or organizations as required by written contract or The locations as specified in the written contracts or agreements agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 MWZY 307203 26 CSA Construction, Inc. 04/01 /2026-04/01 /2027 Page 1 of 1 Page 345 of 358 COMMERCIAL GENERAL LIABILITY CG24531219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CG24531219 © Insurance Services Office, Inc., 2018 Page 1 of 1 MWZY 307203 26, CSA Construction, inc. 04/01 /2026-04/01 /2027 Page 346 of 358 Policy Number: MWTB 307105 26 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/DESIGNATED INSURED AMENDMENT - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Designated Person(s) or Organization(s): All persons or organizations where required by written contract. WHO IS AN INSURED (SECTION II) is amended to include the person(s) or organization(s) shown in the above Schedule, but only with respect to "accidents" arising out of work being performed for such person(s) or organization(s). As respects any person(s) or organization(s) shown in the above Schedule with whom you have agreed in a written contract to provide primary insurance on a non-contributory basis, this insurance will be primary to and non-contributing with any other insurance available to such person(s) or organizations(s). PCA 048 10 13 Page 1 of 1 Page 347 of 358 Policy # MWTB 307105 26 COMMERCIAL AUTO CA 04 43 11 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or organization(s) for whom you are required to waive subrogation with respect to the coverage provided under this Coverage Form, but only to the extent that subrogation is waived: A. Under a written contact or agreement with such person(s) or organization(s); and B. Prior to the "accident" or the 'loss." © Insurance Services Office, Inc. ©Insurance Services Office, Inc. Page 348 of 358 ACORO' CERTIFICATE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) 8/31/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Bowen, Miclette & Britt Insurance Agency, LLC 2800 North Loop West, Suite 1100 Houston TX 77092 INSURED CSA Construction, Inc. 2314 McAllister Road Houston TX 77092 COVERAGES CONTACT NAME: Samantha Brown PHONE 713-880-7100 (A/C. No. Extl: ADDARESS: sbrown@bmbinc.com PRODUCER CUSTOMER ID: INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: 1285225188 REVISION NUMBER: FAX 713-880-7166 INSURER(S) AFFORDING COVERAGE NAIC # Travelers Lloyds Insurance Company 41262 LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 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 LTR TYPE OF INSURANCE PROPERTY CAUSES OF LOSS BASIC BROAD SPECIAL EARTHQUAKE WIND FLOOD DEDUCTIBLES BUILDING CONTENTS POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG & PP X INLAND MARINE TYPE OF POLICY X Any 1 Loc Lmt CAUSES OF LOSS Builders Risk/Installation X In Transit NAMED PERILS POLICY NUMBER X Temporary Loc A QT6300726M315TLC26 4/1/2026 4/1/2027 Deductible CRIME TYPE OF POLICY BOILER & MACHINERY / EQUIPMENT BREAKDOWN SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: CSP 26-068 Carter Creek Wastewater Treatment Plant Filter Improvements LIMITS $ 25,000,000 $ 1,000,000 $ 1,000,000 $ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of College Station 1101 Texas Avenue College Station TX 77842 AUTHORIZED REPRESENTATIVE ACORD 24 (2016/03) © 1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 349 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. CSP 26-068 is fully incorporated into this contract by reference. Contract No. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 350 of 358 EXHIBIT E CONSTRUCTION SCHEDULE Contractor shall begin work upon issuance of Notice to Proceed by the City and shall complete all Work under the Contract in conformance with the following deadlines: Final Completion within 900 days of substantial completion. In addition to the above contractually -agreed deadlines, additional milestones required on the Project and agreed to by the Parties are included on the following page Contract No. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 351 of 358 amsk. Name 'u Notice To Procede Mobilize 4 Training & Start Up a Substantial Completion ▪ Punch List Site Clean up/Demobilize Final Completion ° Equipment Submittals -Submit/Fab/Deliver Filter & UV Facility 1p ▪ Demolition of Existing ATAD Excavation of Filter & UV Facility ' Rebar/Form/Place Concrete at Filter & UV Facility Chemical Building Erection ° h Filter Canopy/Bridge Crane Yard Piping 6 R Equipment Installation Tie In Train 2&3 Temporarily a =4 30 Day Run Test Final Piping Tie Ins Existing UV Facility Decomisoning Misc Site Paving Project: Carters Creek WNTP- Task Milestone Date: Fri821/26 spit summary rura,mn stars 100% 1 day Wed 9/23/26 Wed 9/23/26 0% 30 days Tue 8/4/26 Wed 11/4/26 1 0% 5 days Tue 10/3/28 Wed 11/29/28 17 0% 1 day Thu 4/12/29 Thu 4/12/29 19 0% 30 days Fri 4/13/29 Thu 5/24/29 4 0% 30 days Fri 4/13/29 Thu 5/24/29 4 0% 1 day Fri 5/25/29 Fri 5/25/29 5,6 0% 545 days Thu 9/24/26 Wed 10/25/28 1 0% o days Wed 12/16/26 Wed 12/16/26 10 0% 30 days Thu 11/5/26 Wed 12/16/26 2 0% 30 days Thu 12/17/26 Wed 1/27/27 9 0% 345 days Thu 1/28/27 Wed 5/24/28 11 0% 30 days Thu 5/25/28 Wed 7/5/28 12 0% 60 days Thu 5/25/28 Wed 8/16/28 12 0% 180 days Thu 5/25/28 Wed 1/31/29 12 0% 120 days Thu 5/25/28 Wed 11/8/28 12 0% 10 days Thu 11/9/28 Wed 11/22/28 16 0% 30 days Thu 2/1/29 Wed 3/14/29 15,3 0% 20 days Thu 3/15/29 Wed 4/11/29 18 0% 30 days Thu 4/12/29 Wed 5/23/29 19 0% 60 days Thu 5/25/28 Wed 8/16/28 12 • Project summary Inactive Task Inactive Milestone Inactive Summary Resource reamer 4,/4,/,/4,/was.ds,/sad and oci Dd ad actrmlrmtrmtrmtiuemEm,d D,12,1 rani Iasi ianii iianir ♦ anus, Manual Summary PStan-only av 1 D,an y Manual Summary t1 Finisn y Deadline ♦ critical spla F 3 External milestone • Page 1 Page 352 of 358 EXHIBIT F SCHEDULE OF VALUES Contract No. 26300696 Construction Agreement Over $50,000 Form 04-20-2023 Page 353 of 358 Carter Creek WWTP Filiter Improvements Bid Form 26-068 Bid Opening Tuesday, June 30, 2026 at 2:00 pm CT BASE BID ITEMS Item No. Description Estimated Unit Quantity Unit Price Extended Amount Mobilization 1 Bid for the mobilization for the Carters Creek WWTP Effluent Filter LS Improvements per Specification Section 01 71 13. Existing ATAD/Biofilters Demolition Bid for the demolition, material disposal and site work associated with Existing ATAD/Biofilter Demolition as shown on the Civil sheets. Effluent Filter/UV System/Pump Station Improvements Bid for the construction and operational completion of the 3 improvements at the Effluent Filter/UV System/Filter facility and LS the new Sodium Hypochlorite Injection Building, inclusive of all items with the exception of the specific Bid Items listed below. 2 LS 500,000.00 $ 275,000.00 $ 16,270,603.00 $ Existing UV Facility Modification Bid for the demolition, material disposal and improvements 4 LS $ 100,000.00 $ associated with the conversion of the existing UV facility into an equipment storage shed as shown on the Civil sheets. Electrical and Instrumentation Bid for the construction and operational completion of the 5 LS $ 3,800,000.00 $ Electrical and Instrumentation improvements and of all items as shown on PI and E sheets. Trench Safety System 6 Bid for the development, design and implementation of a Trench IF 2,200 $ 1.00 $ Safety system as required by Occupational and Safety and Health Administration for said system. Storm Water Pollution Prevention Plan Bid for the development, design, implementation and 7 administration of a storm water pollution plan (SWP3) in LS $ 5,000.00 $ accordance with TPDES General Permit TXR 150000. This item also includes installation, maintenance and removal of all storm water controls identified in SWP3, complete and in place. 30" Drilled Shaft 8 Bid for the construction of 30" drilled shafts as shown on the VLF 100 $ 200.00 $ Drawing, complete in place, including removal of casings. Additional Sidewalk Bid for additional concrete sidewalk not shown on the Drawings. 9 Concrete sidewalk shall be installed at locations designated by the SY 100 $ 100.00 $ Owner. Additional Concrete Paving Bid for additional concrete paving not shown on the Drawings. 10 SY 200 $ 150.00 $ Concrete Paving shall be installed at locations designated by the Owner. Additional Structural Excavation 11 Bid for additional structural excavation not shown on the drawings CY 1,000 $ 30.00 $ or required by the specifications and as directed by the Owner. Additional Structural Backfill 12 Bid for additional compacted structural select backfill not shown CY 500 $ 60.00 $ on the drawings or required by the specifications and as directed by the Owner. Additional Flowable Fill 13 Bid for additional lean concrete/Flowable fill not shown on the Cy 200 $ 200.00 $ drawings or required by the specifications and as directed by the Owner. 500,000.00 275,000.00 16,270,603.00 100,000.00 3,800,000.00 2,200.00 5,000.00 20,000.00 10,000.00 30,000.00 30,000.00 30,000.00 40,000.00 14 Flygt Submersible Pumps Allowance for the furnishing the Submersible Pumps and accessories for the Effluent Pump Station as manufactured by Flygt. LS $596,847.00 $ 596,847.00 15 Newterra Fixed Mechanical Aerator Allowance for the furnishing the Fixed Mechanical Aerator for the Effluent Filter facility as manufactured by Newterra. L5 $127,350.00 $ 127,350.00 16 Wedeco UV System Allowance for the furnishing the UV Disinfection System and accessories as manufactured by Wedeco. LS $1,253,000.00 $ 1,253,000.00 SUBTOTAL BASE BID AMOUNT Completion time $ 23,090,000.00 900 Days Filter Replacement with Beacon Water Technologies, LLC instead of Aqua -Aerobics Systems Bid to account for cost difference (add or deduct) for the construction and operational completion of the improvements of the Filter Replacement with Beacon Water Technologies, LLC filters instead of Aqua -Aerobics Systems, Inc filters, and of all items as shown in the drawings. Work shall consist of and not be limited to any additional or reduced effort and additional or reduced cost (add or Alt 1. deduct amount) associated with purchasing, receiving, unloading, uncrating and storing, the costs for labor and equipment for installation and finishing, the cost of related products or any other work not specifically listed as required for construction, installation, training, and start-up of the LS 1 -$50,000.00 $ (50,000.00) Beacon Water Technologies, LLC filters instead of Aqua -Aerobics Systems, Inc. This is an additive/deductive item and does not take the place of filter improvements included under Base Bid Item No. 3, but supplements it. Work shall be as shown on the drawings and as specified. SUBTOTAL Alter. 1 BID AMOUNT $ (10,000.00) Base Bid Amount+/- Alternate Ill $ 23,080,000.00 Per addendum #8 Page 354 of 358 PROPOSAL FORM Date: 6/1/2026 PROPOSAL FROM: CSA Construction Inc. 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 new effluent filter and UV disinfection structure inside the Carter Creek WWTP. and to perform the work required for the construction of said new effluent filter and UV disinfection structure inside the Carter Creek WWTP. 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: ($ See Attached Bid Form CALENDAR DAYS: Total number of calendar days to substantial completion is 900 days. RECEIPT OF ADDENDA I hereby acknowledge receipt of the following Addenda: J#1.#2,#3.#4,#6.#7 & #8 (Addenda #5 was skipped over) CONTRACTOR NAME: CSA Construction Inc. CONTRACTOR SIGNATURE: 26-068 CSP Carter Creek Wastewater Filter Improvements Page 3Nda 355 of 358 CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute the City of College Station Construction Agreement, that this Proposal has not been prepared in collusion with any other Offeror, and that the contents of this Proposal have not been communicated to any other Offeror prior to the official opening of this Proposal. Additionally, the undersigned affirms that the firm is willing to sign the enclosed City of College Station Construction Agreement. Signed By: Title: Presidefit Typed Name: Richard Mayfield Company Name: CSA Construction Inc. Phone No.: Fax No.: 713-686-8868 713-686-8889 Email: fdodd(cr�csaconstruction.com Proposal Address: 2314 McAllister Road T!l T___ elL____L r.V. DUX Ul OL1GGL Order Address: 2314 McAllister Road P.O. Box or Street Remit Address: 2314 McAllister Road P.O. Box or Street Federal Tax ID No.: 74-2041560 DUNS No.: 097672778 Date: 6/1/2026 Houston Texas 77092 L.1Ly JL LLG L1p Houston Texas 77092 City State Zip Houston Texas 77092 City State Zip PROPOSAL NO. 26-068 26-068 CSP Carter Creek Wastewater Page 2�a2 356 of 358 Filter Improvements y September 10, 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 MONTH ## thru MONTH ##: DATE - MEETING Budget & Financial Summary: None. Attachments: None Page 357 of 358 September 10, 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