Loading...
08/26/2021 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular - Amended 1101 Texas Ave, College Station, TX 77840  Internet: https://zoom.us/j/96728393278 *Phone: 888 475 4499 and Meeting ID: 967 2839 3278 August 26, 2021 4:00 PM City Hall Council Chambers College Station, TX Page 1 This meeting  will offer  both  in­person and  remote participation following  both  the  City’s  Guidelines for in­person, virtual attendance, and the speaker protocol in the agenda. The city  uses a third-party vendor to help host the meeting and if the call-in number is not functioning  access will be through the internet link only. 1.Call to Order. 2.Executive Session is  Closed  to  the  Public and  Will  Be  Held  in  the Administrative Conference Room. The Open Meeting Will Resume No Earlier Than 5:00 PM. 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 attorney­client 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  attorney­client  privileged  information.  After  executive  session  discussion,  any final action  or vote  taken will be in public. The following subject(s) may be discussed.  Litigation  a. Kathryn A. Stever­Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977­PC in the County Court No. 1, Brazos County, Texas  b. McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17- 000914­CV­361; In the 361st District Court, Brazos County, Texas c. City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan  M. Wood,  Deceased;  Cause  No.  17­002742­CV­361;  In the  361st District  Court,  Brazos  County, Texas 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. An approximately 18 acre tract of land along the north frontage road of Texas State Highway 6 south at its intersection with Corporate Parkway. Page 1 of 190 City Council Regular Page 2 August 26, 2021 Personnel {Gov’t Code Section 551.074};  Possible action.  The City  Council  may  deliberate  the  appointment,  employment,  evaluation,  reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion,  any final action or vote taken will be in public. The following public officer(s) may be discussed:  a. City Council Self Evaluation b. City Manager Competitive Matters {Gov't Code Section 551.086);  Possible action. The City Council may deliberate, vote, or take final action on a competitive matter as  that term is defined in Gov't Code Section 552.133 in closed session. The following is a general  representation of the subject matter to be considered:  a. Power Supply 3.Reconvene from Executive Session and Take Action, if Any. 4.Pledge of Allegiance, Invocation, and Consider Absence Request. Speaker Protocol  An individual who wishes to address the City Council regarding any item on the agenda other than  those items posted for Executive Session shall register with the City Secretary two (2) hours prior to  the meeting being called to order. Individuals must 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. Each speaker’s remarks are limited to three (3)  minutes. Any speaker addressing the Council through the use of a translator may speak for six (6)  minutes. At the (3) minute mark the City Secretary will announce that the speaker must conclude  their remarks.  5.Presentation ­ Proclamations, Awards, and Recognitions. 5.1.Presentation of Historic  Marker 108  by  the  Historic  Preservation  Committee  to  the  Dresser family for the residence at 501 Fairview Avenue. Sponsors:HPC Chairperson Gerald Burgner Attachments:None 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.Workshop Items. Page 2 of 190 City Council Regular Page 3 August 26, 2021 7.1.Presentation, discussion,  and possible action regarding supporting  communication between  developers and neighborhoods. Sponsors:Michael Ostrowski Attachments:None 7.2.Presentation, discussion,  and possible action  regarding  additional  information  for  the  implementation of a remote pay parking system for on-street parking and in City­owned parking  lots and facilities. Sponsors:Amy Albright, Eric Chapman Attachments:None 7.3.Presentation, discussion,  and possible action  regarding  possible  amendments  to  the  City's  Parkland Dedication Ordinance. Sponsors:Michael Ostrowski, Steve Wright Attachments:1.UDO Section 8.8 Parkland Dedication Ordinance 8.Consent Items. Presentation, discussion, and possible action  on consent items  which  consist  of  ministerial  or  "housekeeping" items as allowed by law. A Councilmember may request additional information at  this time. Any Councilmember may remove an item from Consent for discussion or a separate vote.  8.1. Presentation, discussion, and possible action of minutes for: •August 12, 2021 Council Meeting Sponsors:Tanya Smith Attachments:1.CCM081221 DRAFT Minutes 8.2.Presentation, discussion,  and possible action  regarding  the  first  renewal of  two  (2)  for  professional  services  contracts  with  McCord  Engineering,  Inc.  in  an  amount  not  to  exceed  $600,000 for electrical engineering services. Sponsors:Timothy Crabb Attachments:1.Mccord Contract 20300510 Renewal 1 Memo 8.3.Presentation, discussion, and possible action regarding approval of a Contract Renewal for the  City’s  Annual  Price  Agreement  with  Techline  Inc.,  for  electric  warehouse inventory  of Air  Switches with a ten percent unit price increase in the amount of $18,900, for a total not to  exceed contract amount of $207,900. Sponsors:Mary Ellen Leonard Attachments:1.20300666R1 Techline Inc.Revised Renewal ltr 8.4.Presentation, discussion,  and possible action  regarding  the  approval  of  a  contract  with  E  Contractors USA,  LLC for building repairs  to  the  City  of College Station Municipal  Court  Building in the amount of $138,923.34. Sponsors:Pete Caler Attachments:1.21300593 RR ­Municipal Court Building Repairs Page 3 of 190 City Council Regular Page 4 August 26, 2021 8.5.Presentation, discussion,  and possible action  regarding  ordinances  amending Chapter  38,  “Traffic and Vehicles”, “Traffic Schedule III, Stop Signs” and “Traffic Schedule IV, Yield Signs”  by adding various new stop signs and yield signs. Sponsors:Troy Rother Attachments:1.Stop Sign Ordinance 2021 2.Yield Sign Ordinance 2021 8.6.Presentation, discussion, and possible action regarding an ordinance amending Chapter 38,  “Traffic and Vehicles”, Article VI, “Traffic Schedule II, Four­way stop intersections” and “Traffic  Schedule III, Stop Signs” by adding various new stop signs. Sponsors:Emily Fisher Attachments:1.CH 38 Stop Sign Ord Amend Southside Safety 2.Existing and New Stop Signs 8.7.Presentation, discussion,  and possible action  ratifying  the  First  Amendment to the  Property  Purchase Agreement between the City of College Station and Costco Wholesale Corporation  for an approximately 18.670 acre tract of land located generally near the intersection of Earl  Rudder Freeway and Corporate Drive in the Midtown Business Park. Sponsors:Natalie Ruiz Attachments:1.First Amendment to the Property Purchase Agreement with Costco 9.Regular Items. 9.1.Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating  and abandoning a 994 square foot portion of a 10­foot wide Public Utility Easement, a 2,512  square foot portion of a 15­foot wide Public Utility Easement, and a 2,512 square foot portion of  a 15-foot  wide  Right  of  Way  within  Lots  1­6,  Block  ‘C’  of  the  College  Heights Subdivision,  according to the plat recorded in Volume 124, Page 259, of the Official Records of Brazos  County, Texas. Sponsors:Alma Guerra Attachments:1.Ordinance 2.Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 4 of 190 City Council Regular Page 5 August 26, 2021 9.2.Public Hearing, presentation, discussion and possible action regarding an ordinance amending  Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official  Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the  zoning district boundaries from R Rural to WC Wellborn Commercial on approximately one acre  located in the Benjamin Graham Subdivision, Block B, Lots 1-6, generally located at 14889- 14895 FM 2154. Sponsors:Jesse Dimeolo Attachments:1.Ordinance 2.Vicinity, Aerial, and Small Area Map 3.Future Land Use Map 4.Rezoning Map 5.Rezoning Exhibit 6.Background Information 7.Applicant's Supporting Information 9.3.Presentation, discussion, and possible action regarding a notification of a change order in the  amount of $789,970.76 with the Texas Department of Transportation (TXDOT) for the utility  relocations for the FM 2818 widening project and authorizing the City Manager to execute the  acknowledgement notification. Sponsors:Emily Fisher Attachments:1.2399­01­074 CO #12 3rd Party Funding Form 20210811 2.2399­01­074 Change Order #12 Draft 9.4.Presentation, discussion, and possible action regarding a resolution of the City Council of the  City of College Station, Texas, determining that a fee simple containing approximately 102.4  acres of land, is needed to be acquired from Gerry L. Saum, for the construction, operation, and  maintenance of a public park as part of the Westside Community Park Project for the City of  College Station, Texas; and authorizing the institution of eminent domain proceedings. Sponsors:Emily Fisher Attachments:1.Resolution with Exhibit A 10.Council Calendar ­ Council May Discuss Upcoming Events. 11.Items of Community Interest. The Council may receive reports from a Council Member or City Staff about items of community  interest for which notice has not been given, including: expressions of thanks, congratulations or  condolence; information regarding holiday schedules; honorary or salutary recognitions of a public  official, public employee, or other citizen; reminders of upcoming events organized or sponsored by  the City of College Station; information about a social, ceremonial or community event organized or  sponsored by an entity other than the City of College Station that is scheduled to be attended by a  Council Member, another city official or staff of the City of College Station; and announcements  involving an imminent threat to the public health and safety of people in the City of College Station  that has arisen after the posting of the agenda.  12.Council Reports on Committees, Boards, and Commissions. Page 5 of 190 City Council Regular Page 6 August 26, 2021 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) 13.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.  14.Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website and at College Station City Hall,  1101 Texas Avenue, College Station, Texas, on August 23, 2021 at 3:00 p.m.  City Secretary This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   meeting   so   that   appropriate  arrangements   can   be   made.   If   the   City   does  not   receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub-Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.” Page 6 of 190 August 26, 2021 Item No. 5.1. Historic Marker 108 to 501 Fairview Avenue Sponsor:HPC Chairperson Gerald Burgner Reviewed By CBC:Historic Preservation Committee Agenda Caption:Presentation of Historic Marker 108 by the Historic Preservation Committee to the Dresser family for the residence at 501 Fairview Avenue. Relationship to Strategic Goals: Good Governance Recommendation(s): Council should receive this presentation. Summary: Requested by HPC Chairperson Gerald Burgner. Budget & Financial Summary: None. Attachments: None Page 7 of 190 August 26, 2021 Item No. 7.1. Supporting Communication Between Developers and Neighborhoods Sponsor:Michael Ostrowski, Director of Planning and Developement Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding supporting communication between developers and neighborhoods. Relationship to Strategic Goals: Good Governance Neighborhood Integrity Recommendation(s): Receive the presentation and provide direction to staff. Summary: At the April 8, 2021, City Council meeting, the Council requested a future workshop on ways to support communication between the development community and neighborhoods. During this item, staff will present the City’s current notification processes for certain developments, as well as recommendations on how to improve the notification processes, and further communication efforts between developers and the neighborhoods. Budget & Financial Summary: N/A Attachments: None Page 8 of 190 August 26, 2021 Item No. 7.2. Additional Information on Remote Pay Parking System Sponsor:Amy Albright, Eric Chapman Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding additional information for the implementation of a remote pay parking system for on-street parking and in City-owned parking lots and facilities. Relationship to Strategic Goals: Financial Sustainability, Core Services and Infrastructure, Neighborhood Integrity, Diverse and Growing Economy Recommendation(s): Staff recommends City Council receive a presentation and provide feedback. Summary: At the July 22nd City Council meeting, staff presented a proposed remote pay parking system implementation to address on-street parking in residential neighborhoods during certain events, such as football games. This presentation will provide additional information collected during public engagement and provide the program details for implementation. Budget & Financial Summary: Proposed revenue and expenses to be included in the FY2022 budget. Attachments: None Page 9 of 190 August 26, 2021 Item No. 7.3. Amendments to Parkland Dedication Ordinance Sponsor:Michael Ostrowski, Director of Planning and Developement, Steve Wright Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding possible amendments to the City's Parkland Dedication Ordinance. Relationship to Strategic Goals: Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Receive the presentation and provide direction to Staff. Summary: Per the City Council request, Staff presented at a workshop item on March 25, 2021, regarding three potential amendments to the Park Land Dedication Ordinance. These amendments included: 1. Reducing the parkland dedication zones, 2. Eliminating the parkland dedication distinctions between neighborhood parks and community parks, and 3. Having a standard review of the fees. Council provided direction at that time, and later requested that Staff also look at additional items, which included: 1. Updating the cost information relating to the average per acre price for land, 2. Ensuring that the park development fee recognizes passive parks, 3. Granting developers up to a 50% credit if they provide private park land and/or amenities on the site, and 4. Granting developers up to a 100% credit if they provide private park land and/or amenities on the site in the City's extraterritorial jurisdiction (ETJ). Staff have reviewed these items and will provide a presentation and recommendation on them to seek direction from the City Council. Budget & Financial Summary: N/A Attachments: 1.UDO Section 8.8 Parkland Dedication Ordinance Page 10 of 190 principal officer of a local bank, local savings and loan associa- tion, or other financial institution, acceptable to the City, agreeing to pay to the City of College Station, on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the developer is responsible under this Section. The guaranteed payment sum shall be the estimated costs and scheduling as prepared by the developer s engineer and approved by the City Engineer. The letter shall state the name of the subdivision and shall list the improvements which the developer is required to provide. 2.If one (1) of the two (2) types of security is filed by the developer and accepted by the City as described above, the City Engineer shall inspect and approve the construction of public improvements in accordance with the requirements of this UDO when same occurs. If the developer fails to properly construct some or all required public improvements, the City Attorney shall, on direction of the City Council, proceed to enforce the guarantees provided in this Section. 3.The City Engineer may extend the period of time by when comple- tion of public improvements is to occur regardless of time periods that may be iterated elsewhere in this UDO. Such extension of time shall be granted upon a showing of good cause and shall be reported to the Commission and recorded in the minutes. No such extension shallbegrantedunlesssecurity,asprovidedherein,hasbeenprovided by the developer covering the extended period of time and provided that such extension does not jeopardize the general public health, safety, and welfare. Per Ordinance No. 2011-3308 (January 13, 2011) (Ord. No. 2012-3449, Pt. 1(Exh. K), 9-27-2012) Sec. 8.8. Requirements for Park Land Dedication. A. Purpose. This Section is adopted to provide recreational areas in the form of neighbor- hood park facilities as well as community park facilities as a function of subdivision and site development in the City of College Station and its Extra-Territorial Jurisdiction (ETJ). This Section is enacted in accordance with the home rule powers of the City of College Station granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Texas Local Government Code Chapter 212 as may be amended from time to time. SUBDIVISION DESIGN AND IMPROVEMENTS Sec. 8.8. Requirements for Park Land Dedication. CDA:425Supp. No. 1 Page 11 of 190 It is hereby declared by the City Council that recreational areas in the form of neighborhood parks and community parks are necessary and in the public welfare, and that the only adequate procedure to provide for neighborhood parks and community parks is by integrating such requirements into the procedure for planning and developing property or subdivisions in the City and its ETJ, whether such development consists of new construction on vacant landorrebuildingandremodelingof structuresonexistingresidentialproperty. Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and located within convenient distances from a majority of the residences to be served thereby located within park zones established by the City. The park zones established by the College Station Parks and Recreation Department and shown on the official Parks and Recreation map for the City of College Station shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The primary cost of purchasing, developing or improving neighbor- hood parks should be borne by the landowners of residential property who, by reason of the proximity of their property to such parks, shall be the primary beneficiariesof suchfacilities.Typically,thelandownerof aproposedresidential development is the developer. A typical community park in College Station is designed to serve the needs of residents from several neighborhoods located within one-half- to three-mile radius. Community parks provide amenities that should complement neighbor- hood parks. Together, neighborhood parks and community parks can meet more of the recreational needs of residents. Community parks are generally twenty-five (25) to seventy (70) acres in size. However, larger and smaller community parks may be purchased, developed and/or improved to meet specific requirements of a particular area of town. Community parks, by their nature, serve both active and passive leisure needs of residents, and use by organizations and individuals from surrounding areas larger than for neighborhood parks. The acquisition, development, and improvement of the basic infrastructure and facilities for the usage of these community parks should be based upon the demand from the area residents it is intended to serve. Therefore, the following requirements are adopted to affect the purposes stated above. B. Applicability. This Section applies to a landowner who develops land for residential use located within the City or within its extraterritorial jurisdiction. COLLEGE STATION CODE Sec. 8.8. Requirements for Park Land Dedication. CDA:426Supp. No. 1 Page 12 of 190 C. Requirements. 1. General. The City Manager or his designee shall administer this Section with certain review, recommendation and approval authorities being assigned to the Planning and Zoning Commission, the Parks and Recreation Advisory Board and various City departments as specified herein. Generally, the developer of residential property must address the following requirements pursuant to this Section: dedication of land for neighbor- hood park use or payment of a fee in lieu thereof, dedication of land for community parks or payment of a fee in lieu thereof, payment of a development fee for neighborhood parks or construction of the neighbor- hood park improvements to which such fee relates, and payment of a development fee for community parks or construction of the community parks improvements to which such fee relates. Requirements herein are based on actual dwelling units for an entire development. Increases or decreases in final unit count may require an adjustment in fees paid or land dedicated. If the actual number of dwelling units exceeds the original estimate, additional park land and additional park development fees may required in accordance with the requirements in this Section. The schedule of fees and required land dedications is attached hereto as Appendix I and incorporated and made a part of this Section for all purposes. The identification of park zones for neighborhood parks is as shown on City s Recreation, Park and Open Space Master Plan referenced herein and incorporated by reference. 2. Land Dedication. a.The amount of land to be dedicated for neighborhood park land purposes and for community park purposes shall be as set forth in Appendix I. The total amount of land dedicated for the development shall be dedicated to the City in fee simple: 1)Prior to the issuance of any building permits for multi-family development, 2)Concurrently with the final plat for a single phase development, 3)For a phased development the entire park shall be either platted concurrently with the plat of the first phase of the development or SUBDIVISION DESIGN AND IMPROVEMENTS Sec. 8.8. Requirements for Park Land Dedication. CDA:427Supp. No. 1 Page 13 of 190 4)The developer may provide the City with financial security against the future dedication by providing a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit in the amount equal to the number of acres park land required and in a form acceptable to the City. The amount of the financial guarantee shall be the amount of fee in lieu of land dedication as set forth in Appendix I. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required park land. b.For development located within the extraterritorial jurisdiction of the City, the dedication requirements of this Section may be met through the creation of private parkland in the same amount required as set forth in Appendix I provided the developer enters into a written agreement that all such private parkland be dedicated to the City at the time of full purpose annexation into the City and provided that any plat related to such development, is inscribed with a notation regarding same. 3. Fee in Lieu of Land. In lieu of dedicating park land for neighborhood parks and for community parks, a developer may request to meet some or all of the neighborhood park land dedication requirements, and some or all of the community park land dedication requirements through payment of a fee in lieu thereof in the amounts set forth in Appendix I. Such fees shall be due at the same time as fees are due for final platting or for issuance of a building permit, whichever occurs first. 4. City Final Approval. The City shall have the final authority in determining how much, if any, land or fee may be accepted in lieu of required land dedication. The City may, from time to time, require that a fee be submitted in lieu of land dedication in amounts as set forth in Appendix I for either, both, some or all of neighborhood park land or community park land dedication. Likewise, the City may, from time to time, require that land be dedicated in amounts as set forth in Appendix I and that no fee in lieu of land will be accepted. 5. Approval Process for Park Land Dedication. a.Land Dedications equal or exceeding five (5) acres, and Dedications of Floodplains and Greenways: For any proposed required neighborhood park land dedication COLLEGE STATION CODE Sec. 8.8. Requirements for Park Land Dedication. CDA:428Supp. No. 1 Page 14 of 190 equaling or exceeding five (5) acres of land or equaling or exceeding payment of a fee in lieu thereof, for any proposed required com- munity park land dedication equaling or exceeding five (5) acres of land or equaling or exceeding the payment of a fee in lieu thereof, or for any proposed land dedication containing floodplain or greenway, the landowner must: 1)Obtain a recommendation from the Parks and Recreation Advisory Board, and 2)Obtain approval from the Planning and Zoning Commission pursuant to the Plat Review Section in Article 3 of this UDO. The Planning and Zoning Commission shall consider the recom- mendation from the Parks and Recreation Advisory Board but may make a decision contrary to its recommendation by majority vote. b.Dedications of less than five (5) acres not including floodplains or greenways: For any proposed neighborhood park land dedication less than five (5) acre of land or the payment of a fee in lieu thereof, for any proposed required community park land dedication less than five (5) acres of land or the payment of a fee in lieu thereof, or for any proposed land dedication containing floodplain or greenway, the City Manager or his designee is authorized to accept and approve same if the following criteria are met: 1)The proposed dedication or fee provides a sufficient amount of neighborhood park land existing in the park zone of the proposed development for required neighborhood park land dedication, or the proposal provides a sufficient amount of community park land existing for the proposed development for requiredcommunityparklanddedicationrequirements,whichever applies; 2)Where the proposed dedication is insufficient for a neighbor- hood park site or for a community park site under existing park design standards, some or all of the dedication requirements may be in the form of a fee in amounts as set forth in Appendix I; 3)Determination of acceptability of a proposed neighborhood park land dedication and for a proposed community park land dedicationisbasedupontheCityof CollegeStation sRecreation, SUBDIVISION DESIGN AND IMPROVEMENTS Sec. 8.8. Requirements for Park Land Dedication. CDA:429Supp. No. 1 Page 15 of 190 Park and Open Space Master Plan, as may be amended from time to time; and 4)The proposed development of the neighborhood park or com- munity park is consistent with College Station s Recreation, Park and Open Space Master Plan, as may be amended from time to time. In making his decision, the City Manager or his designee may choose to submit such application to the Parks and Recreation Advisory Board for its recommendation. In such event, the City Manager shall consider such recommendation but may make a decision contrary in accordance with the criteria set forth herein. 6. Park Development Fee. In addition to the land dedication requirements for neighborhood parks and for community parks, there are also park development fees established herein sufficient to develop neighborhood parks and community parks in ways that meet the City of College Station s Manual of Park Improve- ments Standards. The amount of development fees assessed to a developer subject to this Section for neighborhood and community parks is as shown in Appendix I. The process for the approval and collection of development fees shall be the same as for the park land dedication requirements to which the development relates, and shall be processed simultaneously with the park land dedication requirements. 7. Construction of Park Improvements in Lieu of Development Fee. A developer may elect to construct required neighborhood park improve- ments and/or community park improvements in lieu of paying the associated development fees as set forth herein. In such event: a.A park site plan, developed in cooperation with the Parks and Recreation Department staff, mustbe submitted andapproved bythe Director of Parks and Recreation Department or his designee and the Parks and Recreation Advisory Board upon submission of final platoruponapplicationforabuildingpermit,whicheverisapplicable. b.Detailed plans and specifications for park improvements hereunder shall be due and processed in accordance with the procedures and requirements pertaining to public improvements for final plats and for building permits issuance, whichever is applicable. c.All plans and specifications shall meet or exceed the City s Manual of Park Improvement Standards in effect at the time of the submission. COLLEGE STATION CODE Sec. 8.8. Requirements for Park Land Dedication. CDA:430Supp. No. 1 Page 16 of 190 d.If the improvements are constructed on land that has already been dedicated to and/or is owned by the City, then the Developer must post payment and performance bonds to guarantee the payment to subcontractorsandsuppliersandtoguaranteethedevelopercompletes the work in accordance with the approved plans, specifications, ordinances, other applicable laws. e.Theconstructionof allimprovementsmustbecompletedinaccordance with the requirements relating to the construction of public improve- ments for final plats and issuance of building permits, whichever is applicable. This includes the guaranteeing performance in lieu of completing the park improvements prior to final plat approval. Notwithstanding any other applicable ordinances, park improve- ments should be completed within two (2) years from the date of the approval. f. Completion and Acceptance. Park development will be considered complete and a Certificate of Completion will be issued after the following requirements are met: 1)Improvements have been constructed in accordance with the approved plans, 2)Allparklanduponwhichtheimprovementshavebeenconstructed has been dedicated as required under this Section; and 3)All manufacturers warranties have been provided for any equip- ment installed in the park as part of these improvements. g.Upon issuance of a Certificate of Completion, the developer war- rants the improvements for a period of one (1) year as set forth in the requirements in the City of College Station s Manual of Park Improvements Standards. h.The developer shall be liable for any costs required to complete park development if: 1)Developer fails to complete the improvements in accordance with the approved plans; or 2)Developer fails to complete any warranty work. 8. Submitting Fee. Any fees required to be paid pursuant to this Section shall be remitted: a.Prior to the issuance of any building permits for multi-family development; or SUBDIVISION DESIGN AND IMPROVEMENTS Sec. 8.8. Requirements for Park Land Dedication. CDA:431Supp. No. 1 Page 17 of 190 b.Upon the submission of each final plat for single-family, duplex or townhouse development 9. Use of Fees. Fees may be used only for the acquisition, development, and/or improve- ment of park facilities to which they relate. For fees in lieu of neighbor- hoodparklanddedication,feesmayonlybeusedforpurchase,development and/or improvement of neighborhood parks located within the same zone as the development. For fees in lieu of community park land dedication, fees may only be used for the purchase, development, and/or improvement of community parks. 10. Reimbursement for City Acquired Park Land. The City may from time to time acquire land for parks in or near an area of actual or potential development. If the City does acquire park land in a park zone for a neighborhood park or acquires park land for a community park, the City may require subsequent dedications to be in fee-in lieu-of- land only. This will be to reimburse the City for the cost(s) of acquisition. D. Prior Dedication or Absence of Prior Dedication. If a dedication requirement arose prior to enactment or amendment of this Section, subsequent development for the subject tract to which the dedication requirements applies may be subject to vesting as set forth in Chapter 245 Texas Local Government Code. Depending on the circumstances, additional dedication may be required for the increase in dwelling units from what was originally proposed. E. Comprehensive Plan Considerations. The City s Recreation, Park and Open Space Master Plan is intended to provide the Parks and Recreation Advisory Board with a guide upon which to baseitsrecommendations.Becauseof theneedtoconsiderspecificcharacteristics in the site selection process, the park locations indicated on the Plan are general. The actual locations, sizes, and number of parks will be determined when development occurs or when sites are acquired by the City, including by donations. Park zones for neighborhood parks are established by the City s Recreation, ParkandOpenSpaceMasterPlanasacomponentof theCity sComprehensive Plan, and indicate service areas for neighborhood parks. Zone boundaries typically follow key topographic features such as major thoroughfares, streams, City limit and ETJ boundary lines. New park zones may be created or existing zones amended pursuant to procedures for amending the City s Recreation, COLLEGE STATION CODE Sec. 8.8. Requirements for Park Land Dedication. CDA:432Supp. No. 1 Page 18 of 190 Park and Open Space Master Plan as land acquisitions or other circumstances dictate. F. Special Fund; Right to Refund. 1.All neighborhood park land dedication fees will be deposited in a fund referenced to the park zone to which it relates. Community park land dedication fees will be deposited in a fund referenced to community parks. 2.The City shall account for all fees in lieu of land and all development fees paid under this Section with reference to the individual plat(s) involved. Any fees paid for such purposes must be encumbered or expended by the City within ten (10) years from the date received by the City for acquisition, development, and/or improvement of a neighborhood park or a community park as required herein. Such funds shall be considered to be spent on a first-in, first-out basis. If not so encumbered by contract or purchase order or expended, the landowners of the property on the expiration of such period shall be refunded a prorated refund of such sum, computed on a square footage of area basis by the City. G. Park Land Guidelines and Requirements. Parks should be easy to access and open to public view so as to benefit area development, enhance the visual character of the City, protect public safety and minimize conflict with adjacent land uses. The following guidelines and requirements shall be used in designing parks and adjacent development. 1.Any land dedicated to the City under this Section must be suitable for park and recreation uses. The dedication shall be free and clear of any and all liens and encumbrances that interfere with its use for park purposes. The City Manager or his designee shall determine whether any encumbrances interfere with park use. Minerals may be reserved from the conveyance provided that there is a complete waiver of the surface use by all mineral owners and lessees. A current title report must be provided with the land dedication. The property owner shall pay all taxes or assessments owed on the property up to the date of acceptance of the dedication by the City. A tax certificate from the Brazos County Tax Assessor shall be submitted with the dedication or plat. 2.Consideration will be given to land that is in the floodplain or may be considered floodable even though not in a federally regulated floodplain as long as, due to its elevation, it is suitable for park improvements. Sites should not be severely sloping or have unusual topography which would render the land unusable for recreational activities. SUBDIVISION DESIGN AND IMPROVEMENTS Sec. 8.8. Requirements for Park Land Dedication. CDA:433Supp. No. 1 Page 19 of 190 3.Land in floodplains or designated greenways will be considered on a three (3) for one (1) basis. Three (3) acres of floodplain or greenway will be equal to one (1) acre of park land. 4.Where feasible, park sites should be located adjacent to greenways and/or schools in order to encourage shared facilities and joint development of new sites. 5.Neighborhood park sites should be adjacent to residential areas in a manner that serves the greatest number of users and should be located to minimize users having to cross arterial roadways to access them. 6.Where appropriate, sites with existing trees or other scenic elements are preferred. 7.Detention/retention areas may not be to meet dedication requirements, but may be accepted in addition to the required dedication. If accepted as part of the park, the detention/retention area design must meet specific parks specifications in the City s Manual of Park Improvements Standards. 8.Where park sites are adjacent to greenways, schools, or existing or proposed subdivisions, access ways may be required to facilitate public access to provide public access to parks. 9.It is desirable that fifty (50) percent of the perimeter of a park should abut a public street. 10.Community Parks should be accessible for major arterial streets so as to be accessible by large groups of people from large surrounding areas. H. Warranty Required. 1.All materials and equipment provided to the City shall be new unless otherwise approved in advance by the City Manager or his designee and that all work will be of good quality, free from faults and defects, and in conformance with the designs, plans, specifications, and drawings, and recognizedindustrystandards.Thiswarranty,anyotherwarrantiesexpress or implied, and any other consumer rights, shall inure to the benefit of the City only and are not made for the benefit of any party other than the City. 2.All work by the developer or landowner not conforming to these require- ments, including but not limited to unapproved substitutions, may be considered defective. 3.This warranty is in addition to any rights or warranties expressed or implied by law. 4.Where more than a one (1) year warranty is specified in the applicable COLLEGE STATION CODE Sec. 8.8. Requirements for Park Land Dedication. CDA:434Supp. No. 1 Page 20 of 190 plans, specifications, or submittals for individual products, work, or materials, the longer warranty shall govern. 5.This warranty obligation may be covered by any performance or payment bonds tendered in compliance with this Ordinance. 6.If any of the work performed by the developer or landowner is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this ordinance, the designs, plans, drawings or specifications 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 ordinance, developer shall promptly correct the defective work at no cost to the City. 7.During the applicable warranty period and after receipt of written notice from the City to begin corrective work, developer shall promptly begin the corrective work. The obligation to correct any defective work shall be enforceable under this Code of Ordinances. The guarantee to correct the defective work shall not constitute the exclusive remedy of the City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 8.If within twenty (20) calendar days after the City has notified developer of a defect, failure, or abnormality in the work, developer has not started to makethenecessarycorrectionsoradjustments,theCityisherebyauthorized 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 developer. 9.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 Developer, its contractors, or subcontractors or by the surety. 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-year warranty shall cover all work, equipment, and materials that are part of the improvements made under this Section of the ordinance. APPENDIX I. PARK LAND DEDICATION AND DEVELOPMENT FEES SUBDIVISION DESIGN AND IMPROVEMENTS Sec. 8.8. Requirements for Park Land Dedication. CDA:435Supp. No. 3 Page 21 of 190 I. Neighborhood and Community Parks. A. Dedication Requirements for Neighborhood Parks. 1. Land dedication. Single-Family: One (1) acre per 117 Dwelling Units (DU) Multi-Family: One (1) acre per 278 bedrooms (BR) 2. Fee in lieu of land dedication. Single-Family: $274.00 per Dwelling Unit (DU) Multi-Family: $115.00 per Bedroom (BR) 3. Park development fee. Single-Family: $362.00 per Dwelling Unit (DU) Multi-Family: $152.00 per Bedroom (BR) 4. Total neighborhood park fees. Single-Family: $636.00 per Dwelling Unit (DU) Multi-Family: $267.00 per Bedroom (BR) B. Dedication Requirements for Community Parks. 1. Land dedication. Single-Family: One (1) acre per 128 Dwelling Units (DU) Multi-Family: One (1) acre per 305 Bedrooms (BR) 2. Fee in lieu of land dedication. Single-Family: $250.00 per Dwelling Unit (DU) Multi-Family: $105.00 per Bedroom (BR) 3. Park development fee. Single-Family: $375.00 per Dwelling Unit (DU) Multi-Family: $315.00 per Bedroom (BR) 4. Total community park fees. Single-Family: $625.00 per Dwelling Unit (DU) Multi-Family: $420.00 per Bedroom (BR) (Ord. No. 2012-3434, Pt. 1(Exh. A), 8-9-2012; Ord. No. 2012-3449, Pt. 1(Exh. K), 9-27-2012; Ord. No. 2015-3728, Pt. 1(Exh. A), 12-10-2015; Ord. No. 2017-3953, Pt. 1(Exhs. A—C), 10-26-2017; Ord. No. 2019-4111, Pt. 1(Exh. A), 7-25-2019) COLLEGE STATION CODE Sec. 8.8. Requirements for Park Land Dedication. CDA:436Supp. No. 3 Page 22 of 190 Sec. 8.9. Certifications. CERTIFICATE OF OWNERSHIP AND DEDICATION STATE OF TEXAS ) COUNTY OF BRAZOS ) I (we) , owner(s) and developer(s) of the land shown on this plat, and designated herein as the Subdivi- sion to the City of College Station, Texas, and whose name(s) is/are subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, greenways, infrastructure, easements, and public places thereon shown for the purpose and consideration therein expressed. All such dedications shall be in fee simple unless expressly provided otherwise. Owner(s) STATE OF TEXAS ) COUNTY OF BRAZOS ) Before me, the undersigned authority, on this day personally appeared known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he/they executed the same for the purpose and consideration therein stated. Given under my hand and seal on this day of , 20 . Notary Public, Brazos County, Texas (Seal) CERTIFICATE OF SURVEYOR AND/OR ENGINEER STATE OF TEXAS ) COUNTY OF BRAZOS ) I, , Registered Public Surveyor (Engineer), No. , in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property and that property markers and monuments were placed under my supervision on the ground. CERTIFICATE OF CITY ENGINEER SUBDIVISION DESIGN AND IMPROVEMENTS Sec. 8.9. Certifications. CDA:437Supp. No. 1 Page 23 of 190 I,, City Engineer of the City of College Station, Texas, hereby certify that this Subdivision Plat conforms to the requirements of the Subdivision Regulations of the City of College Station. City Engineer City of College Station CERTIFICATE OF PLANNING AND ZONING COMMISSION I,, Chairman of the Planning and Zoning Commis- sion of the City of College Station, hereby certify that the attached plat was duly approved by the Commission on the day of , 20 . Chairman(s) CERTIFICATE OF THE COUNTY CLERK STATE OF TEXAS COUNTY OF BRAZOS ) I, , County Clerk, in and for said county, do hereby certify that this plat together with its certificates of authentication was filed for record in my office the day of, 20 , in the Deed Records of Brazos County, Texas, in Volume Page . WITNESS my hand and official Seal, at my office in Bryan, Texas. County Clerk Brazos County, Texas (SEAL) CERTIFICATE OF CITY PLANNER (for Amending or Minor Plats) I, , City Planner of the City of College Station, Texas, hereby certify that this Subdivision Plat conforms to the requirements of the Subdivision Regulations of the City of College Station. City Planner City of College Station COLLEGE STATION CODE Sec. 8.9. Certifications. CDA:438Supp. No. 1 Page 24 of 190 CERTIFICATE OF APPROVAL (for ETJ Plats) This subdivision plat was duly approved by the Commissioners Court of Brazos County, Texas as the Final Plat of such subdivision on day of , 20 . Signed this the day of , 20 . County Judge, Brazos County, Texas CERTIFICATE OF NO ACTION TAKEN I, , Chairman of the Planning and Zoning Commis- sion, hereby certify that the plat was filed with the Planning and Development Services Department on the day of , and that the Planning and Zoning Commission failed to act on the plat within 30 days after the plat was filed. Chairman Per Ordinance No. 2011-3308 (January 13, 2011) (Ord. No. 2012-3449, Pt. 1(Exh. K), 9-27-2012) SUBDIVISION DESIGN AND IMPROVEMENTS Sec. 8.9. Certifications. CDA:439Supp. No. 1 Page 25 of 190 August 26, 2021 Item No. 8.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • August 12, 2021 Council Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Attachments: 1.CCM081221 DRAFT Minutes Page 26 of 190 CCM081221 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION AUGUST 12, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present. With a quorum present, the Meeting of the College Station City Council was called to order by Mayor Mooney via In-Person and Teleconference at 4:01 p.m. on Thursday, August 12, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072- Real Estate, and §551.074-Personnel the College Station City Council convened into Executive Session at 4:01 p.m. on August 12, 2021, to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas; and City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas; and Page 27 of 190 CCM081221 Minutes Page 2 Kenneth Foley v. City of College Station. B. Deliberation on the purchase, exchange, lease, or value of real property; to wit: Property located generally at the intersection of State Highway 6 and Harvey Road in College Station. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Manager Council Self-Evaluation Executive Session suspended at 5:42 p.m. and will return after the public meeting. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Pledge of Allegiance, Invocation, consider absence request. 5. Hear Visitors Comments No one signed up to speak. 6. Workshop Items 6.1. Presentation, discussion, and possible action regarding cluster subdivisions and ways to increase their use. Rachel Lazo, Planning and Development, stated that at the May 27, 2021, City Council requested an update on cluster subdivisions and ways to incentivize them. Staff provided a presentation on the background on the cluster subdivision process in College Station and some potential ways to increase their use. There are Conventional Subdivisions and Cluster Housing Subdivision, such as Southern Trace and Greens Prairie Reserve. Options/Incentives for Increased Use •Density Bonuses (10-15% more units) •Parkland Credit •Require clustering for large scale developments (25,50,75+ acres) •Additional design standards Majority of the Council directed staff to move forward with the Options/Incentive MOTION: Upon a motion made by Councilmember __________ and a second by Councilmember _____________, the City Council voted seven (7) for and none (0) opposed, to approve the cluster subdivisions and ways to increase their use. The motion carried unanimously. 7. CONSENT ITEMS Page 28 of 190 CCM081221 Minutes Page 3 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. Consent Items 7.8, 7.9 and 7.14 were pulled for discussion. Item (7.8) Richard Mann, Fire Chief, gave a brief explanation of the agreement for emergency medical supplies with Bound Tree Medical, LLC for an estimated annual expenditure of $120,000. The ILA authorizes the cities to jointly prepare bids and proposals for the purchase of goods and services. It also allows the Cities to piggyback each other’s bids and contracts when in our best interest. The City of Midlothian has conducted a formal sealed bid process for emergency medical supplies and executed an annual price agreement with Bound Tree Medical, LLC on February 10, 2021. Item (7.9) Pete Caler, Interim Public Works Director, stated that the proposed agreement would allow CTTV, LLC dba Team 3 Rentals to collect recyclables from commercial businesses and multi-family locations within the City of College Station. The company will be responsible for developing on-site collection of recyclables so as not to interfere with the collection of municipal solid waste (MSW). Item (7.14) Emily Fisher, Assistant Director Capital Projects, stated that this agreement will allow the City to widen the roadway across the railroad right of way with the payment of Right-of-Way fee, Maintenance fees and a Construction reimbursement payment from the City to Union Pacific Railroad. The amount to be paid to UPRR totals $1,137,796. This includes $95,000 for use of UP’s right of way, $221,000 for maintenance of the crossing for the next 20 years, and $821,796 for the construction of the railroad crossing signal. 7.1. Presentation, possible action, and discussion of minutes for: July 19, 2021 Special “Budget” Meeting July 20, 2021 Special “Budget” Meeting July 22, 2021 Council Meeting July 27, 2021 Special Meeting August 3, 2021 Special Meeting 7.2. Presentation, discussion, and possible action regarding the first of two renewals of a contract with Engineering Consultants, Inc. for an annual amount not-to-exceed $600,000 for electrical engineering services. 7.3. Presentation, discussion, and possible action regarding Change Order 2 in the amount of $93,440 with Halff Associates, Inc for the Barron/Capstone Realignment project. 7.4. Presentation, discussion, and possible action on Ordinance No. 2021-4282 amending Chapter 2, “Administration,” Art. V, “Finance,” Division 2 “Fees, Rates and Charges,” Section 2-118 by amending certain sections relating to fees. 7.5. Presentation, discussion, and possible action on Ordinance No. 2021-4283 amending Chapter 40 “Utilities”, Article I “In General” regarding utility meters. Page 29 of 190 CCM081221 Minutes Page 4 7.6. Presentation, discussion, and possible action on Ordinance No. 2021-4284 amending Chapter 103, “Building Regulations,” Article V, “Single-family and Duplex Unit Rental Registration,” Section 103-248 by amending certain sections relating to fees. 7.7. Presentation, discussion, and possible action on the BVWACS Annual Operating and Maintenance and Capital budget. 7.8. Presentation, discussion, and possible action regarding approval of an annual blanket price agreement for emergency medical supplies with Bound Tree Medical, LLC for an estimated annual expenditure of $120,000. 7.9. Presentation, discussion, and possible action on the second reading of franchise agreement Ordinance No. 2021-4285 with CTTV, LLC dba Team 3 Rentals for the collection of recyclables from commercial businesses and multi-family locations. 7.10. Presentation, discussion, and possible action regarding the first renewal of a service contract between the City of College Station and Rios Tree Services, Inc., for an annual amount not to exceed $150,000 for tree trimming and removal services. 7.11. Presentation, discussion, and possible action on approving an annual contract not-to- exceed $102,550 with Buyers Barricades Houston for the 2021 TAMU Football Post Game Day Traffic Control. 7.12. Presentation, discussion, and possible action regarding the first renewal of a contract for Overhead Electric Distribution Construction and Maintenance to Southern Electric Corporation of Mississippi for an amount not to exceed $750,000. 7.13. Presentation, discussion, and possible action on an amendment adding Burleson County to the BVWACS Partnership and BVWACS Managing Entity Agreements. 7.14. Presentation, discussion, and possible action regarding an agreement between the City of College Station and Union Pacific Railroad Company to construct a railroad crossing at the intersection of Deacon Drive and FM 2154 and closing the existing crossing at Cain Road and FM 2154. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items. The motion carried unanimously. 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action on the City of College Station 2021 advertised ad valorem tax rate of $0.534618 per $100 valuation resulting in an increase in tax revenues. Mary Ellen Leonard, Finance Director, presented the public hearing on the tax rate. The proposed tax rate of 53.4618 cents per $100 assessed valuation will generate $51,722,744 in taxes. There is no increase in the tax rate from the 2020 tax rate proposed. The property taxes are used to fund the Page 30 of 190 CCM081221 Minutes Page 5 general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. The certified property valuation totaled $10.434 billion, which is a total increase of approximately a 4.35% increase in value over last year. The proposed budget recommends a tax of 2.8777 cents per $100 of assessed valuation. The proposed tax rate is 53.4618 cents per $100 assessed valuation with the Maintenance and Operations rate being 31.8175 cents per $100 assessed valuation; and the Debt Service rate being 21.6443 cents per $100 assessed valuation. At approximately 6:20 p.m., Mayor Mooney opened the Public Hearing. Michael Lee, College Station, is representing a group of citizens and came before Council to address concerns related to the tax rate. He referenced several recent Texas State Senate bills related to local government tax notification, agreeing with features in the bills such as notification to citizens and rate controls. He stated that even though the tax rate stayed the same taxes were raised and that the utility fund transfer is effectively a tax. Also, Mr. Lee believes that debt should be eliminated from the budget and the city should adopt zero-based budgeting. There being no comments, the Public Hearing was closed at 6:31 p.m. 8.2. Presentation, discussion, and possible action on Ordinance No. 2021-4286 adopting the City of College Station 2021-2022 Budget; and presentation, discussion, possible action ratifying the property tax revenue increase reflected in the budget. Mary Ellen Leonard, Finance Director, noted the Council will need to take two actions: 1) consider the FY 2021-20222 proposed budget in the amount of $354,003,411; including proposed revisions of an increase of $265,937; and 2) ratify the property tax revenue increase reflected in the budget. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2020-4286, the proposed FY22 budget for the City of College Station including proposed revisions of an increase of $265,937 for a total proposed budget with revisions of $354,003,411. The motion unanimously carried. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to approve ratifying the property tax increase reflected in the FY22 Budget. The motion unanimously carried. 8.3. Presentation, discussion, and possible action on approval of Ordinance No. 2021-4287 adopting the City of College Station 2021-2022 ad valorem tax rate of $0.534618 per $100 assessed valuation, the debt service portion being $0.216442 per $100 assessed valuation and the operations and maintenance portion being $0.318176 per $100 assessed valuation. Mary Ellen Leonard, Director of Finance, presented the FY 2021-2022 ad valorem tax rate. The proposed tax rate of 53.4618 cents per $100 assessed valuation is the same as the current tax rate. Also, presented the debt service portion being $0.216442 per $100 assessed valuation and the operations and maintenance portion being $0.318176 per $100 assessed valuation. At approximately 6:59 p.m., Mayor Mooney opened for Citizen Comments. Page 31 of 190 CCM081221 Minutes Page 6 Craig Regan, College Station, came before council to share his opinion that part of the money raised through the rise in property values would be better off in the hand of the taxpayers. There being no comments, the Citizen Comments was closed at 6:01 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4287, that the property tax rate be increased by the adoption of a tax rate of 53.4618 cents per $100 assessed valuation, which is effectively a 2.50 percent increase in the tax rate. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the maintenance and operations rate at 31.8176 cents per $100 assessed valuation; and the debt service rate at 21.6442 cents per $100 assessed valuation. The motion carried unanimously. 8.4. Presentation, discussion, and possible action Resolution No. 08-12-21-8.4 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, Finance Director, stated that Exhibit A of Section 2-118 of Chapter 2, “Administration,” ARTICLE V, “Finance,” DIVISION 2 “Fees, Rates and Charges,” of the Code of Ordinances, City of College Station, Texas is being revised to clarify the charging of collection fees for returned checks, charge back fees and notary public fees. The detail of revenue history and budget estimates by major fund can be found in the Fiscal Year 2022 budget document in the appendix section. There is no change to the anticipated revenue for FY22 for this clarification. FY 22 Fee Adjustments Planning Rate tied to CPI-U for all sections administered by Department Increase thru Dec 2020 of 1.7% Anticipating increase for FY23 of ~5% or more Parks Rates typically change in the late wintertime frame annually Fire Clarified 2 person minimum to standby special events Ambulance Billing contract is out for bid currently Fiscal Services Court Fees are primarily determined by the State Legislature Clarified Consolidated Court fee. No change in rate Clarified NSF and Notary fee. No Change in rate FY22 Utility Rates Electric Rates Reclassifications to better account for Transmission Delivery Adjustment Page 32 of 190 CCM081221 Minutes Page 7 Possible change if Uplift charges from Winter Storm are revised Water & Wastewater Rates Rate Study waiting on Council Impact Fee decision FY22 Utility / Fee Parking Rates proposed to increase competing with University Parking Solid Waste Rate tied to CPI-U Increase thru Dec 2020 of 1.7% Anticipating increase for FY23 of ~5% or more Drainage Rate tied to CPI-U Increase thru Dec 2020 of 1.7% Anticipating increase for FY23 of ~5% or more Roadway Maintenance Rate tied to CPI-U Increase thru Dec 2020 of 1.7% Anticipating increase for FY23 of ~5% or more MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 08-12- 21-8.4, 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. The motion carried unanimously. 8.5. Presentation, discussion, and possible action regarding Ordinance No. 2021-4288 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Bryan Woods, City Manager, stated that on August 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021, and July 2, 2021. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4288, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. 9. Council Calendar Council reviewed the calendar. Page 33 of 190 CCM081221 Minutes Page 8 10. Items of Community Interest: The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. Councilmember Maloney wanted to recognize David Gerling and Werner Rose for spearheading the Fun for all Park. Councilmember Cunha thanked the College Station Pool Staff for their work. Councilmember Brick reported on the Arts Council fund raising event. Councilmember Nichols reported on the memorial bench for Marsy Clarke that was placed at the Fun for All Playground. 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Cunha reported on the Bicycle Pedestrian and Greenways Committee and the comprehensive plan evaluation process. Mayor Mooney reported on the Brazos Valley Council of Governments and the Medical School. 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. Councilmember Crompton requested a future item on a possible update to the previous history of the City of College Station book which documented 1938-1988 and possibly appointing a subcommittee to explore costs or an RPF. Councilmember Harvell requested a date be placed on the item requested by Mayor Mooney on neighborhood integrity. Councilmember Cunha requested a future item on the ordinance restricting citizens from charging for parking in neighborhoods. Page 34 of 190 CCM081221 Minutes Page 9 Executive Session reconvened at 7:41 p.m. Councilmember Crompton recused himself from Executive Session an left the meeting. Executive Session recessed at 8:09 p.m. 13. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 8:09 p.m. on Thursday, August 12, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 35 of 190 August 26, 2021 Item No. 8.2. Electrical Engineering Services Contract Renewal with McCord Engineering Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the first renewal of two (2) for professional services contracts with McCord Engineering, Inc. in an amount not to exceed $600,000 for electrical engineering services. Relationship to Strategic Goals: Financial Sustainability Core Services and Infrastructure Recommendation(s): Staff recommends Council approve Renewal 1 for Contract 20300510 with McCord Engineering, Inc. for the not-to-exceed amount of $600,000. Summary: This is the first of two possible renewals with an annual not-to-exceed amount of $600,000. The City of College Station Electric Utilities Department has utilized McCord Engineering, Inc. for many years for engineering services. McCord Engineering is a highly-qualified local business and is very responsive to the needs of the City. Based on McCord’s unique familiarity with the City’s electric system, it is in the City’s best interest to continue to contract with McCord to provide these services. As such, this contract is exempt from the City’s Request for Qualifications process. It is anticipated that McCord Engineering will provide engineering and design services as needed for new and existing electric systems facilities additions and improvements. Budget & Financial Summary: Funds are budgeted and approved in the Electric Utility’s operating budget and in the Electric Utility Capital Improvement Projects Fund for professional services related electric capital improvement projects. Attachments: 1.Mccord Contract 20300510 Renewal 1 Memo Page 36 of 190 Page 37 of 190 Page 38 of 190 August 26, 2021 Item No. 8.3. Contract Renewal for the City’s Annual Price Agreement with Techline Inc., for electric warehouse inventory of Air Switches Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of a Contract Renewal for the City’s Annual Price Agreement with Techline Inc., for electric warehouse inventory of Air Switches with a ten percent unit price increase in the amount of $18,900, for a total not to exceed contract amount of $207,900. Relationship to Strategic Goals: Core Services and Infrastructure Financial Sustainability Recommendation(s): Staff recommends an Annual Price Agreement with Techline, Inc. with a ten percent unit price increase in the amount of $18,900. This is a contract estimate and within past fiscal year’s history for city-wide electrical warehouse needs. Summary: Council approved the original award for Electric Air Switches on August 13, 2020, Item #3.18, as a one-year (1) price agreement with an option to renew two (2) additional one (1) year terms. Due to market volatility, Techline, Inc. has requested a ten percent increase in unit pricing in accordance with the Extension of Contract clause, which was included in the bid’s terms and conditions. This total unit price increase of $18,900 will increase the annual price agreement from $189,000 to $207,900. Upon Council approval, staff will issue a blanket contract renewal to the vendor for an amount not to exceed $207,900, to be used by Electric Warehouse throughout the next year. Budget & Financial Summary: Funds are available and budgeted within the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued to staff. Attachments: 1.20300666R1 Techline Inc.Revised Renewal ltr Page 39 of 190 CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ 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*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable)DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable)DATE 08/26/2021 Page 40 of 190 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov July 23, 2021 ATTN: Mr. Gary Troxell Techline Inc. 9609 Beck Circle Austin, TX 78758 RE: Bid#20-061 C#20300666 Renewal #1 Annual Price Agreement for Air Switches Dear Mr. Troxell, The City of College Station appreciates the products and services provided by Techline, Inc., this last year. We would like to exercise our option to renew the above referenced agreement for the term of August 14, 2021, through August 13, 2022, with an agreed unit price increase of ten percent, for a revised contract amount of Two Hundred Seven Thousand Nine-Hundred and 00/100 Dollars ($207,900.00). This is the first of two possible renewals for this contract. If this contract renewal meets your company’s approval, please provide your confirmation for renewal via return e-mail to rforsyth@cstx.gov., no later than July 28, 2021. Attachment Page 41 of 190 CONTRACT #20300666 RENEWAL #1 ACCEPTANCE By signing herewith, I acknowledge and agree to Contract #20300666 Renewal #1, for “Annual Price Agreement for Air Switches” in accordance with all terms and conditions with a proposed unit price increase of ten percent, agreed to and accepted, for an amount not to exceed Two Hundred Seven Thousand Nine-Hundred and 00/100 Dollars ($207,900). I understand this renewal term will be for the period beginning August 14, 2021 through August 13, 2022. This is the first of two possible renewals for this contract. TECHLINE INC. CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ Page 42 of 190 APA #20300666R1 Techline Inc. Proposed Price Increase APA effective 8/14/2021 Line # Description Mfgr Mfgno QTY UOM Unit Extended Unit Extended 1 Group A-1 "Horizontal Air Switch 900 amp. Automation Ready, horizontally mounted switch, 25kV, 3 Pole, 150kV BIL, Torsional Control Rod. No Substitutions Our Inventory #285-077-00004 Hubell AR114FFL 30 EA 4,300.00$ 129,000.00$ 4,730.00$ 141,900.00$ 430.00$ 10.00% 2 Group A-2 "Vertical Air Switch 900 amp. Automation Ready, vertically mounted switch, 25kV, 3 Pole, 150kV BIL, Reciprocating Control Rod. No Substitutions Our Inventory #285-077-00008 Hubbell AR124FF 15 EA 4,000.00$ 60,000.00$ 4,400.00$ 66,000.00$ 400.00$ 10.00% Total Price $189,000.00 Total Price $207,900.00 18,900.00$ 10.0000% Proposed Price Difference % Difference FY 21-22 Proposed Pricing Techline, Inc.Techline, Inc. C#20300666R1 TEchline Inc. Proposed Price Increase 7/22/2021]Page 43 of 190 Hubbell Utility Solutions 200 Center Point Circle STE 200 Columbia SC 29210 February 23, 2021 Dear Hubbell Utility Solutions Customer, In November 2020 we communicated cost impacts to our business resulting in a price increase in the 2-4% range as we entered 2021. Unfortunately, those same cost impacts and future forecasts by industry participants are far outpacing earlier projections. In recent months, we have realized substantial increases in raw materials, freight, packaging, and other areas of the supply chain. Pricing for key commodities remains elevated with steel at a record high and volatility expected to continue throughout 2021. While we continuously try to mitigate customer impact, we must implement a price adjustment as a result of prolonged inflationary pressures. Effective April 1, 2021, we will initiate an average price increase of 6% on a broad range of our products. Increases will vary (3-11%) depending on the product and material impact with some adjustments falling outside of this range. Price adjustments will be implemented with the following guidelines: •Existing HPS price lists and quotations will be expired on 3/31/2021. Existing CMC price lists and quotations will be evaluated and adjusted selectively. •New HPS price lists and quotations will be issued by 3/1/2021 with an effective date of 4/1/2021. •New quotation requests will reflect the above pricing actions. •Pricing for orders received prior to 3/31/2021 for immediate shipment will be honored at the existing quoted prices. •HPS and CMC reserve the right to limit order quantities on orders received prior to 3/31/2021. We recognize the sensitivity of this matter and appreciate your support regarding pricing actions. If you have any questions, please contact your local Hubbell Utility Solutions representative. Thank you for your understanding and continued support of Hubbell. Sincerely, Ken H. Carlson Craig Lawson VP, HPS Sales & Marketing Services VP, CMC Sales & Marketing Page 44 of 190 Page 45 of 190 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 7/27/2021 Higginbotham Insurance Agency, Inc. 1221 S. MoPac Expwy. #160 Austin TX 78746 Larry Sue Dunn 800-728-2374 512-472-8888 ldunn@higginbotham.net Great Northern Insurance Company 20303 TECHINC-01 Federal Insurance Company 20281Techline, Inc. 9609 Beck Circle Austin TX 78758 Chubb Indemnity Insurance Company 12777 1527149977 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X X 35990636 11/3/2020 11/3/2021 2,000,000 A 1,000,000 X X X 73578171 11/3/2020 11/3/2021 B X X 10,000,0007988858011/3/2020 11/3/2021 10,000,000 X 0 C X7174851911/3/2020 11/3/2021 1,000,000 1,000,000 1,000,000 A Leased/Rented Equipment 35990636 11/3/2020 11/3/2021 Limit $1,844,222 The General Liability and Automobile Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status and General Liability, Automobile Liability and Workers' Compensation policy includes a blanket waiver of subrogation endorsement to the certificate holder when written contract requires such status. The General Liability policy has a blanket Primary & Non Contributory endorsement that affords that coverage to certificate holders when written contract requires such status The General Liability, Automobile and Workers Compensation policies includes a blanket notice of cancellation to certificate holders endorsement, providing for See Attached... City of College Station Risk Management Department PO Box 9960 College Station TX 77842 Page 46 of 190 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: TECHINC-01 1 1 Higginbotham Insurance Agency, Inc.Techline, Inc. 9609 Beck Circle Austin TX 78758 25 CERTIFICATE OF LIABILITY INSURANCE 30 days' advance notice if the policy is canceled by the company other than for nonpayment of premium, 10 days' notice after the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation. Umbrella is follow form over the General Liability, Automobile and Workers Compensation. Re:Bid#20-061 C#20300666 Renewal #1 Thirty Day Notice of Cancellation Except Ten Day For Non Payment of Premium applies on the General Liability, Automobile and Workers Compensation. Page 47 of 190 COMMERCIAL AUTOMOBILE TH IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 16-02-0306 (Ed. 5-11) Page 1 of 1 NOTICE OF CANCELLATION (OTHER THAN NONPAYMENT OF PREMIUM) SCHEDULED PERSON(S) OR ORGANIZATION(S) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. SCHEDULE Name of Person(s) or Organization(s): Address: Under Common Policy Conditions the following condition is added: NOTICE OF CANCELLATION (OTHER THAN NONPAYMENT OF PREMIUM) SCHEDULED PERSON(S) OR ORGANIZATION(S) When we cancel this policy for any reason other than nonpayment of premium, we will notify the person(s) or organization(s) described in the SCHEDULE at least 30 days in advance of the cancellation date. Any failure by us to notify such person(s) or organization(s) will not: Impose any liability or obligation of any kind upon us; or Invalidate such cancellation. IF YOU ARE OBLIGATED, PURSUANT TO A WRITTEN CONTRACT OR AGREEMENT, TO PROVIDE PERSON(S)OR ORGANIZATION(S) WITH NOTICE OF CANCELLATION, THEN WE WILL NOTIFY SUCH PERSON(S) OR ORGANIZATION(S) PROVIDED THAT WITHIN 15 DAYS OF THE DATE WE SEND NOTICE OF CANCELLATION TO THE FIRST NAMED INSURED, THE FIRST NAMED INSURED OR THE PRODUCER OF RECORD PROVIDES US WITH A SPREADSHEET CONTAINING THE NAME, MAILING ADDRESS AND, IF AVAILABLE, E-MAIL ADDRESS OF THE PERSON(S) OR ORGANIZATION(S). Policy#: 73578171 Page 50 of 190 Form: 16-02-0292 (Rev. 11-16) Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. – CANCELLATION - of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an “insured” under any other automobile policy or would be an “insured” under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an “insured” under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to “bodily injury” or “property damage” that results from an “accident” that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. – WHO IS AN INSURED – of SECTION II – LIABILITY COVERAGE is amended to add the following: d. Any “employee” of yours while using a covered “auto” you don’t own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. – WHO IS AN INSURED – of SECTION II – LIABILITY COVERAGE is amended to add the following: e.The lessor of a covered “auto” while the “auto” is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The “auto” is leased without a driver. Such leased “auto” will be considered a covered “auto” you own and not a covered “auto” you hire. However, the lessor is an “insured” only for “bodily injury” or “property damage” resulting from the acts or omissions by: 1. You; 2.Any of your “employees” or agents; or 3. Any person, except the lessor or any “employee” or agent of the lessor, operating an “auto” with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 – WHO IS AN INSURED – of SECTION II – LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered “auto”, provided that you and such person or organization have agreed under an express provision in a written “insured contract”, written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an “insured”. However, such person or organization is an “insured” only: Policy#: 73578171 Page 51 of 190 Form: 16-02-0292 (Rev. 11-16) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" (1) with respect to the operation, maintenance or use of a covered “auto”; and (2) for “bodily injury” or “property damage” caused by an “accident” which takes place after: (a) You executed the “insured contract” or written agreement; or (b) The permit has been issued to you. 3. FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. - FELLOW EMPLOYEE – of SECTION II – LIABILITY COVERAGE does not apply. 4. PHYSICAL DAMAGE – ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. – TRANSPORTATION EXPENSES – of SECTION III – PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. 5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. – COVERAGE EXTENSIONS - of SECTION III – PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total “loss” to a covered “auto”, we will pay any unpaid amount due on the loan or lease for a covered “auto” minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the “loss”; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered “auto”; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered “auto”; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered “auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. – COVERAGE EXTENSIONS – of SECTION III – PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your “employees” are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or “loss” of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered “loss”; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE – BROADENED COVERAGE Paragraph A.4. – COVERAGE EXTENSIONS – of SECTION III – PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered “auto” to you. 8. AIRBAG COVERAGE Paragraph B.3.a. - EXCLUSIONS – of SECTION III – PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.1.b. – LIMIT OF INSURANCE - of SECTION III - PHYSICAL DAMAGE is deleted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. 10. GLASS REPAIR – WAIVER OF DEDUCTIBLE Page 52 of 190 Form: 16-02-0292 (Rev. 11-16) Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Under Paragraph D. - DEDUCTIBLE – of SECTION III – PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE – of SECTION III – PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same “accident”, the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of “accident”, claim, “suit” or “loss”, you must promptly notify us when the “accident” is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an “accident”, claim, “suit” or “loss” by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the “accident” or “loss” occurred; (2) The “insured’s” name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV – BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for “loss” to which this insurance applies, provided the “insured” has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such “loss”. To the extent that the “insured’s” rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after “accident” or “loss” to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. – CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV – BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION IV – BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any “auto” hired or rented by your “employee” on your behalf and at your direction will be considered an “auto” you hire. If an “employee’s” personal insurance also applies on an excess basis to a covered “auto” hired or rented by your “employee” on your behalf and at your direction, this insurance will be primary to the “employee’s” personal insurance. 16. HIRED AUTO – COVERAGE TERRITORY Paragraph B.7.b.(5). - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV – BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5) A covered “auto” of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V – DEFINITIONS is deleted and replaced by the following: “Bodily injury” means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the “bodily injury” sustained by that person. Page 53 of 190 November 3, 2020 to November 3, 2021 35990636 Page 54 of 190 Policy#: 35990636 Page 55 of 190 WC 99 06 43 (Ed. 6-11) WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICY WC 99 06 43 (Ed. 6-11) NOTICE OF CANCELLATION - SCHEDULED PERSON(S) OR ORGANIZATION(S) This endorsement effective on 11/03/20 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. (20) 7174-85-19 of the Chubb Indemnity Insurance Company (NAME OF INSURANCE COMPANY) Issued to TECHLINE, INC. Authorized Representative Under Part Six – Conditions of the policy, the following is added: Notice of Cancellation – Scheduled Person(s) or Organization(s) When we cancel this policy we will notify the person(s) or organization(s) described in the SCHEDULE at least 30 days (10 days in the event of nonpayment of premium) in advance of the cancellation date. Any failure by us to notify such person(s) or organization(s) will not: •Impose any liability or obligation of any kind upon us; or •Invalidate such cancellation. SCHEDULE If you are obligated, pursuant to a written contract or agreement, to provide persons or organizations with Notice of cancellation, then we will notify such persons or organizations provided that within 15 days of the date we send Notice of Cancellation to the first named insured, the first named insured or producer of record provides us with a spreadsheet containing the name, mailing address and, if available, e-mail address of the persons or organizations. Insured Copy Page 56 of 190 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.) Policy No. (20) 7174-85-19 Endorsement No. Endorsement Effective 11-03-20 Insured TECHLINE, INC.Premium $ Incl. Insurance Company Chubb Indemnity Insurance Company Countersigned By WC 42 03 04 B (Ed. 6-14) © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) 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 Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. ()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 2%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: Insured Copy X Page 57 of 190 August 26, 2021 Item No. 8.4. Municipal Court Building Repairs Sponsor:Pete Caler, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of a contract with E Contractors USA, LLC for building repairs to the City of College Station Municipal Court Building in the amount of $138,923.34. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approving contract 21300593 with E Contractors USA, LLC for building repairs to the City of College Station Municipal Court Building in the amount of $138,923.34. Summary: E Contractors USA, LLC has provided building repair costs under the College Station cooperative pricing agreement Buy-Board Contract number 581-19. Repairs will include exterior building power washing, removal and replacement of window perimeter sealant and brick wall expansion joints, and window glass cleaning and sealing. Budget & Financial Summary: Funds are available in the Facility Maintenance operating budget. Attachments: 1.21300593 RR -Municipal Court Building Repairs Page 58 of 190 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ 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*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 59 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 1 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT This Agreement is entered into by and between the City of College Station, a Texas home-rule municipal _________________________________________ (the for the construction and/or installation of the following: _________________________________________________________________________________________. 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted. 1.02 City. The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 1.04 City's Representative. The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent. 1.05 Contract Amount. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in considerati pay the Contractor an amount not to exceed:_________________________________________________________ and ______/100 Dollars ($______________________). 1.06 Contract Documents. The term "Contract Documents" shall mean those documents listed in Paragraph 2.01. 1.07 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. 1.08 posal. to Bid for the Project. 1.09 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. 1.10 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. E-CONTRACTORS USA, LLC City of College Station Municipal Court Building repairs. One Hundred Thirty-Eight Thousand Nine Hundred twenty-Three 34 138,923.34 Page 60 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 2 1.11 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"). 1.12 Environmental Laws. 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. 1.13 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. 1.14 Nonconforming work. The term "nonconforming work" shall mean Work or any part thereof that is rejected by Representative as not conforming with the Contract Documents. 1.15 Parties. The "parties" are the City and the Contractor. 1.16 Project. 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. 1.17 Project Manager. 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. 1.18 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. 1.19 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 Page 61 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 3 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. 1.20 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. 1.21 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 . (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 the Work. All Contract Documents, models, mockups, or other representations are the property of the City. 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, -2.05, however, shall not relieve the Contractor of any of the obligations set forth in paragraphs 8.01. and 8.02 of this Agreement. Page 62 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 4 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 roceed. 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 paragraphs 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 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. 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 Page 63 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 5 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 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 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 Page 64 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 6 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 rec 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 Paragraphs 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 ( including the starting and ending date, as well as an indication of the completion of stages of Work l 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. 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. (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. Page 65 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 7 (e) For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the submission thereof. (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- 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 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. (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 Page 66 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 8 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 schedule shall (i) be coordinat 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, of completion required by t (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 Subparagraph. (b) The City may exercise the rights furnished the City under or pursuant to this Subparagraph as frequently as the City deems necessary to ensure that the 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 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. Page 67 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 9 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 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 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 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 Page 68 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 10 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, the time of Contract execution shall apply, unless another edition is specified in the Contract Documents. References 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. 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 Page 69 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 11 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. 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. Page 70 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 12 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 the Contract 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 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 12.13 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed 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 C approval thereof. 12.14 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, s apply to such revisions. 12.15 additional f Page 71 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 13 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. 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. Page 72 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 14 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 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 Contractor all the obligations and responsi 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 -- 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, low 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 or before the 15th day of each month, the Contractor shall submit to City's Representative, for approval or modification, 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 not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the Work. Page 73 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 15 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 Paragraph 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 releases, operation and maintenance manuals, and acceptance of the Work in accordance with this Agreement, the City shall pay the remainder of the balance due under this Agreement, less any sums withheld under other terms of this Agreement and less the retainage, which shall be retained for a period of thirty (30) calendar days from the date of Final Completion. Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. 16.04 Retainage. From each approved statement, the City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. OR: 16.04 Retainage. This section has been removed. No retainage will be deducted. 16.05 If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06 Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re-stocking charges actually incurred by the Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07 The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the Work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09 Unless otherwise provided in the Contract Documents: (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; Page 74 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 16 (b) 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 Paragraph 16.9(a) and (2) changes in Paragraph 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 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 Paragraph 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. (b) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. (c) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. (d) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. (e) Claims made or reasonable evidence indicating claims will be made for damage to third parties, including adjacent property owners. (f) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. (g) City's determination of an amount of liquidated damages. (h) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. (i) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. (j) Corrections of mistakes, errors and overpayments in relation to prior pay applications and payments. provisions of this Paragraph. Page 75 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 17 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 Paragraph 1.09 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 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 Paragraph 1.09 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 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 Page 76 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 18 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. (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, compensation, and all other insurance as may be required by law or ordinances or required and agreed to Page 77 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 19 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 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. Page 78 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 20 (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 Paragraph 1.08. 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 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 Paragraph 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 remedies under the Contract, regardless of the extent or frequency, shall not under any circumstances be construed Page 79 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 21 21.04 In the event of delays resulting from changes ordered in the Work by the City or other delays caused by 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 Texas A&M University weather service; or (d) By other causes that the City and the Contractor agree may reasonably justify delay and that were t, 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 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 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 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 Page 80 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 22 thereof granted by the City's Representative pursuant to the terms of Paragraph 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of _______________________________ and ______/100 DOLLARS ($______________) 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 (l) 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, 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 (l) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. 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, or otherwise not in accordance with this Agreement within one (l) 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 (l) 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. TWO HUNDRED NO 200.00 Page 81 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 23 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 (l) year after the installation or completion. The one (l) 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 Paragraph 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 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 Page 82 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 24 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. 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) ng (e) Workers' Compensation . 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. (e) The City of College Station, its agents, officials, employees and volunteers, are to be named as 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 carr the current A.M. Best Key Rating Guide. Page 83 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 25 (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 (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) 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. Those policies set forth in Paragraphs 27.04, 27.05, and 27.06 shall contain an endorsement listing the City as -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 th hereto as Exhibit C, and approved by the City before Work commences. Page 84 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 26 27.08 Until the Work is completed and accepted by the City, the Contractor shall purchase and 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 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 Insurance. 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 t or through an executed coverage agreement on an approved Texas Department of Insurance Div 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) Compensation insurance shall include the following terms: 1. employee are required. 2. be included in this policy. 3. T contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. Page 85 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 27 (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: Definitions: An original certificate of insurance, a certificate of authority to self-ins (DWC-81, DWC-83, or DWC- for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the Work on the project until the entity. Persons providing services on the proj 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 delivering equipment or materials, or providing labor, transportation, or other service related to 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. 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 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 Page 86 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 28 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 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 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 Page 87 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 29 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 paragraphs (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 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- 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 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 27.09 Certificates of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance-approved form, and shall contain the following provisions and warranties: (a) The company is authorized to do business in the State of Texas. (b) The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Department of Insurance or ISO. (c) Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 28. BOND PROVISIONS 28.01 Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in Texas Insurance Code, all other applicable law, and the following: (a) The Contractor shall execute performance and payment bonds for the full Contract Amount. (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 Page 88 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 30 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 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 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 es, as provided pursuant to 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 Page 89 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 31 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 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 section 1.11, 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 section 1.12). 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 Page 90 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 32 ki 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 section 1.10 of 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. 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 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. Page 91 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 33 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 paragraphs 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. 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. Page 92 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 34 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 Paragraph 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 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, LOSSE 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 Page 93 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 35 SPECIFIED IS AN INFRINGEMENT OF A PATENT, IT SHALL PROMPTLY GIVE SUCH INFORMATION 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 (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. Page 94 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 36 (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 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; (c) Terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by the notice of termination; Page 95 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 37 (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; and/or 42. TERMINATION CONVERSION 42.01 Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Paragraph 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 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 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 Page 96 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 38 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 writ 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. 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. Page 97 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 39 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 Israel. To the extent this Contract is considered a contract for goods or 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. Page 98 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 Page | 40 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: By: City Manager Printed Name: Date: ________________ Title: Date: APPROVED: City Attorney Date: ______________ Assistant City Manager/CFO Date: ______________ E CONSTRACTORS USA Page 99 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 EXHIBIT A DAVIS BACON WAGE RATES Page 100 of 190 "General Decision Number: TX20200234 01/03/2020 Superseded General Decision Number: TX20190234 State: Texas Construction Type: Building County: Brazos County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 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, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above mentioned types of contracts entered into by the federal government that are subject to the Davis Bacon Act itself, but it does not apply to contracts subject only to the Davis Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 BOIL0074 003 01/01/2017 Rates Fringes BOILERMAKER......................$ 28.00 22.35 Page 101 of 190 ELEV0031 003 01/01/2019 Rates Fringes ELEVATOR MECHANIC................$ 42.60 33.705 FOOTNOTES: A. 6% under 5 years based on regular hourly rate for all hours worked. 8% over 5 years based on regular hourly rate for all hours worked. B. Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Friday after Thanksgiving Day; Christmas Day; and Veterans Day. ENGI0178 005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane.............$ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under..............$ 27.50 10.60 IRON0084 011 06/01/2019 Rates Fringes IRONWORKER, ORNAMENTAL...........$ 24.42 7.12 PLUM0068 002 10/01/2019 Rates Fringes PLUMBER..........................$ 36.15 11.04 PLUM0211 002 10/01/2018 Rates Fringes PIPEFITTER (HVAC Pipe Installation Only)...............$ 33.30 12.26 * PLUM0286 011 06/03/2019 Page 102 of 190 Rates Fringes PIPEFITTER (Excludes HVAC Pipe Installation)...............$ 30.35 13.52 SHEE0054 002 07/01/2017 Rates Fringes SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 27.72 13.70 SUTX2014 009 07/21/2014 Rates Fringes BRICKLAYER.......................$ 20.00 0.00 CARPENTER, Excludes Form Work....$ 14.56 0.00 CEMENT MASON/CONCRETE FINISHER...$ 14.68 0.00 ELECTRICIAN......................$ 22.96 4.83 FORM WORKER......................$ 11.83 0.00 INSULATOR MECHANICAL (Duct, Pipe & Mechanical System Insulation)...............$ 19.77 7.13 IRONWORKER, REINFORCING..........$ 13.35 0.00 IRONWORKER, STRUCTURAL...........$ 20.74 5.25 LABORER: Common or General......$ 11.57 0.00 LABORER: Mason Tender Brick...$ 10.96 0.00 LABORER: Mason Tender Cement/Concrete..................$ 9.93 0.00 LABORER: Pipelayer..............$ 12.49 2.13 LABORER: Roof Tearoff...........$ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 14.33 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 0.00 Page 103 of 190 OPERATOR: Bulldozer.............$ 18.29 1.31 OPERATOR: Drill.................$ 16.22 0.34 OPERATOR: Forklift..............$ 15.00 0.00 OPERATOR: Grader/Blade..........$ 14.34 1.68 OPERATOR: Loader................$ 14.01 0.44 OPERATOR: Mechanic..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00 OPERATOR: Roller................$ 13.11 0.00 PAINTER (Brush, Roller, and Spray)...........................$ 13.14 0.00 ROOFER...........................$ 13.75 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 14.62 0.00 TILE FINISHER....................$ 11.22 0.00 TILE SETTER......................$ 14.74 0.00 TRUCK DRIVER: Dump Truck........$ 11.97 1.23 TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57 TRUCK DRIVER: Semi Trailer Truck............................$ 12.50 0.00 TRUCK DRIVER: Water Truck.......$ 12.00 4.11 WELDERS Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Page 104 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 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. Page 105 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Page 106 of 190 Page 107 of 190 Page 108 of 190 Page 109 of 190 Page 110 of 190 Page 111 of 190 Page 112 of 190 Page 113 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Page 114 of 190 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTE PER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 7/22/2021 Oakdale Insurance Group, LLC 16554 Creek Bend Dr., Ste. 220 Sugar Land TX 77478 Irma Lasanta Stenson 713-779-0445 x.223 commercialins@oakdalegroup.com E Contractors USA, LLC 16554 Creek Bend Dr., Ste. 200 Sugar Land TX 77478 Gemini Insurance Company 10833 Progressive Specialty Insurance 32786 Starstone National Insurance Company 25496 Texas Mutual Insurance Company 22276 Berkshire Hathaway Specialty Insurance Company 11981 A Deductible: $5,000 x x VIGP019509 11/3/2020 11/3/2021 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 B x x 00505384-2 3/11/2021 3/11/2022 1,000,000 C x x 71439V204AL 11/3/2020 11/3/2021 5,000,000 5,000,000 D N x 000241534 11/4/2020 11/4/2021 1,000,000 1,000,000 1,000,000 E Builders Risk 47-MAR-000895-04 03/1/2021 03/1/2022 Catastrophe Limit Deductible (all perils) Deductible (windstorm) $10,000,000 $2,500 3% Tier1 - 2% Tier 2 General Contractor. The GL Policy includes a blanket automatic additional insured endorsement based on signed agreement that provides additional insured status to the certificate holder together with a waiver of subrogation for the same on primary and Non-Contributory basis. The City of College Station, its agents, officials, employees and volunteers, are included as AdditionalInsured to the GL, umbrella and commercial auto policies. Contract# 21300593 City of College Station Municipal Court Building repairs. City of College Station Attn: Risk Management PO Box 9960 College Station, TX 77842 X X X X X X X X X Page 115 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 EXHIBIT D PLANS AND SPECIFICATIONS Page 116 of 190 16554 Creek Bend Drive, Suite 200. Sugar Land, Texas 77478 T: 713-493-2500 | F: 713-493-2501 July 4, 2021 Craig Dohnalik REV #5 College Station 1207 Texas Ave, College Station, TX. 77840 RE: College Station Municipal Court Building Envelope Dear Mr. Dohnalik: E Contractors is pleased to provide the following pricing for the above reference project. This project is priced in accordance with our job Order Contract Buy-Board for College Station. Our Buy-Board Contract number (581-19). Scope of Work Scope All Plaster Wall Surfaces Power-wash all plaster surfaces. Detail all hairline cracks with elastomeric coating butter grade materials. Apply a base coat of elastomeric coating to plaster walls surfaces. After base coat is dry apply a finish coat of elastomeric coating to wall surfaces. Scope Window Perimeter Sealant Remove all existing sealant at window frame metal to wall surface. Scrape clean bonding surface and then install new backer-rod. Seal window perimeter to wall surface with urethane sealant and then tool to a smooth finish. Scope Window Glass to Metal Frame Sealant Clean bonding surfaces along window and metal frame. Seal frame to glass with Dow Corning Silicone sealant. Tool sealant to a smooth finish. Scope Brick Wall Expansion Joints Remove existing sealant at wall joints. Lightly grind joints shoulders at wall joints. Page 117 of 190 16554 Creek Bend Drive, Suite 200. Sugar Land, Texas 77478 T: 713-493-2500 | F: 713-493-2501 Install new backer-rod and urethane sealant and then tool sealant to a smooth finish. Exclusions Unforeseen conditions. Time of Construction Total Construction Timeframe:5 weeks o Pre-Construction Phase 0 week o Material Lead Time 1 weeks o Construction Phase 4 Weeks o Post Construction Phase 0 week Pricing for scope of work is as follows of the total project: General Conditions based on all scope will be modified after scope selection has been accepted. RS Means Estimate $ 79,227.50 Houston CCI .881 $ (9,428.07) Buy-Board Coefficient $ (19,543.84) Bond 2.5% $ 0.00 Permit Cost including 2% Markup $ 0.00. Total (Rounded)$ 50,256.00 All Plaster Wall Surfaces $ 17,491.37 Window Perimeter Sealant $ 18,976.32 Window Glass to Metal Frame Sealant $ 43,982.16 Brick Wall Expansion Joints $ 4,829.90 Overall Cost of Project with General Conditions RS Means Estimate $ 213,670.30 Houston CCI .881 $ (25,426.77) Buy-Board Coefficient $ (52,708.19) Bond 2.5% $ 3,388.00 Permit Cost including 2% Markup $ 0.00. Total (Rounded)$ 138,923.34 Page 118 of 190 16554 Creek Bend Drive, Suite 200. Sugar Land, Texas 77478 T: 713-493-2500 | F: 713-493-2501 E Contractors is available for review of this estimate at your convenience. Please feel free to contact me at 281-908-5790 or by email at emckinzie@econtractors.com. Sincerely, Ed McKinzie Ed McKinzie Project Manager Attachments: RS Means Estimate Page 119 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 EXHIBIT E CONSTRUCTION SCHEDULE Page 120 of 190 Contract No.___________ Construction Agreement Over $50,000 Form 08-28-19 EXHIBIT F SCHEDULE OF VALUES Page 121 of 190 COCS 300 KRENEK TAP ROAD WATERPROOFING WBS Breakout Rev 5COLLEGE STATIONTEXASData Release: Year 2021 Quarter 2Unit Cost Estimate by WBSQuantityLineNumberDescriptionUnit Ext. Mat. O&P Ext. Labor O&PExt. Equip. O&PExt. Total O&PNotes2013113200200Field personnel, project manager, averageWeek-$ 8,000.00$ -$ 8,000.00$ 4013113200260Field personnel, superintendent, average Week-$ 14,900.00$ -$ 14,900.00$ estimated production schedule is 4 weeks exterior500015626500100Temporary fencing, chain link, 6' high, 11 gaL.F.3,175.00$ 1,885.00$ -$ 5,060.00$ 3015433400075Rent aerial lift, articulating boom, to 60' high, 500 lb. capacity, diesel, Incl. Hourly Oper. Cost.Week-$ -$ 4,824.30$ 4,824.30$ 4015436501400Mobilization or demobilization, delivery charge for equipment, hauled on 20-ton capacity towed trailerEa.-$ 2,700.00$ 984.00$ 3,684.00$ 4015416500100Forklift crew, all-terrain forklift, 45' lift, 35' reach, 9000 lb. capacity, weekly use Week-$ 13,900.00$ 7,600.00$ 21,500.00$ 70015423700090only to erect & dismantle, building exterior, wall face, 6'-4" x 5' frames, 1 to 5 stories, excludes planksC.S.F.-$ 18,270.00$ -$ 18,270.00$ 240015423702200Scaffolding, steel tubular, regular, frame, rent/mo, 6'-4" high x 5' wideEa.1,524.00$ -$ -$ 1,524.00$ 240015423702500Scaffolding, steel tubular, regular, accessory, cross brace, rent/mo Ea.885.60$ -$ -$ 885.60$ 48015423702550Scaffolding, steel tubular, regular, accessory, guardrail post, rent/mo Ea.171.84$ -$ -$ 171.84$ 24015423702650Scaffolding, steel tubular, regular, accessory, screw jack & plate, rent/mo Ea.114.96$ -$ -$ 114.96$ 24015423702600Scaffolding, steel tubular, regular, accessory, guardrail section, rent/mo, 7' longEa.292.80$ -$ -$ 292.80$ 79,227.50$ Houston CC .881(9,428.07)$ BuyBoard Coefficient .72(19,543.84)$ Sub Total50,255.59$ BondGrand Total50,255.59$ COCS 300 KRENEK TAP ROAD WATERPROOFING WBS Breakout (Rev 4 ----- remove interior scope) WBS Breakout Rev 4 General ConditionsPage 122 of 190 14500099653100100Paints & coatings, elastomeric coatings, high build, water proof, one coat system, concrete, brushS.F.3,190.00$ 13,195.00$ -$ 16,385.00$ 900030130711210epoxy injection (ACI RAP-1), suitable for horizontal, vertical and overhead repairs, up to 1/16" (0.0625") wide x 4" deep, L.F.684.00$ 3,654.00$ -$ 4,338.00$ 900030130711010epoxy injection (ACI RAP-1), suitable for horizontal, vertical and overhead repairs, clean/grind surface(s) free of L.F.-$ 1,458.00$ -$ 1,458.00$ 900030130711015epoxy injection (ACI RAP-1), suitable for horizontal, vertical and overhead repairs, rout crack with v-notch crack chaser if L.F.81.00$ 1,818.00$ 243.00$ 2,142.00$ 900030130711020epoxy injection (ACI RAP-1), suitable for horizontal, vertical and overhead repairs, blow out crack with oil-free dry L.F.-$ 198.00$ 9.00$ 207.00$ 14500090190930790Surface preparation, exterior, siding, stucco, pressure wash, based on 2500 lb operating pressureS.F.-$ 2,610.00$ 435.00$ 3,045.00$ 27,575.00$ Houston CC .881(3,281.43)$ BuyBoard Coefficient .72(6,802.20)$ Sub Total17,491.37$ BondGrand Total17,491.37$ 18000501105162506.7 lb sand per S.F., commercial blast, existing coat badly pitted, nodules (SSPC-SP6)S.F.2,286.00$ 5,562.00$ 720.00$ 8,568.00$ LIGHT SAND BLAST ON STAIRS1800070505100020Selective demolition, thermal and moisture protection, caulking/sealant, to 1" x 1" jointL.F.-$ 1,692.00$ -$ 1,692.00$ REMOVE SEALANT ON ROOF CAP METAL SPLICE JOINT1800079219100050Joint sealants, caulking and sealants, acoustical sealants, elastomeric, cartridges, 1" x 1", in placeL.F.10,440.00$ 6,210.00$ -$ 16,650.00$ 1800079123100092Pre-formed joint seals, backer rod, polyethylene, 1" diaL.F.306.00$ 2,700.00$ -$ 3,006.00$ 29,916.00$ Houston CC .881(3,560.00)$ BuyBoard Coefficient .72(7,379.68)$ Sub Total18,976.32$ BondGrand Total18,976.32$ WBS 2 Window perimeter Sealants SubtotalWBS 1 All Plaster Wall Surfaces WBS 2 Window perimeter SealantsWBS 1 All Plaster Wall Surfaces SubtotalPage 123 of 190 2150070505100020Selective demolition, thermal and moisture protection, caulking/sealant, to 1" x 1" jointL.F.-$ 2,021.00$ -$ 2,021.00$ 21500501105162506.7 lb sand per S.F., commercial blast, existing coat badly pitted, nodules (SSPC-SP6)S.F.2,730.50$ 6,643.50$ 860.00$ 10,234.00$ 2150090190930480Surface preparation, exterior, windows, per side, wire brush, metal, 1-2 lite, excl. trimS.F.-$ 2,644.50$ -$ 2,644.50$ 2150088520100050Structural adhesive, 1/4" x 1/4" joint seal L.F.473.00$ 7,202.50$ -$ 7,675.50$ 2150088510101020Glazing accessories, glazing compound, metalL.F.-$ 24,832.50$ -$ 24,832.50$ 2150090190920520Paint preparation, surface protection, placement & removal, masking w/paper S.F.451.50$ 1,591.00$ -$ 2,042.50$ 2150079219100050Joint sealants, caulking and sealants, acoustical sealants, elastomeric, cartridges, 1" x 1", in placeL.F.12,470.00$ 7,417.50$ -$ 19,887.50$ 69,337.50$ Houston CC .881(8,251.16)$ BuyBoard Coefficient .72(17,104.17)$ Sub Total43,982.16$ BondGrand Total43,982.16$ 510079123100092Pre-formed joint seals, backer rod, polyethylene, 1" diaL.F.86.70$ 765.00$ -$ 851.70$ 510071616200020Cementitious waterproofing, cement base, 1/8" thick, sprayed onS.F.326.40$ 877.20$ 362.10$ 1,565.70$ 510079219100050Joint sealants, caulking and sealants, acoustical sealants, elastomeric, cartridges, 1" x 1", in placeL.F.2,958.00$ 1,759.50$ -$ 4,717.50$ 510070505100020Selective demolition, thermal and moisture protection, caulking/sealant, to 1" x 1" jointL.F.-$ 479.40$ -$ 479.40$ 7,614.30$ Houston CC .881(906.10)$ BuyBoard Coefficient .72(1,878.30)$ Sub Total4,829.90$ WBS 3 Window Glass to Metal Frame SealantWBS 4 Brick Wall Expansion JointsWBS 3 Window Glass to Metal Frame Sealant Subtotal WBS 4 Brick Wall Expansion Joints SubtotalPage 124 of 190 BondGrand Total4,829.90$ Page 125 of 190 COCS 300 KRENEK TAP ROAD WATERPROOFING WBS Breakout Rev 4 remove interiorRS Means Estimate213,670.30$ Houston CC .881(25,426.77)$ BuyBoard Coefficient .72(52,708.19)$ Sub Total135,535.34$ BondGrand Total135,535.34$ Page 126 of 190 August 26, 2021 Item No. 8.5. Intersections Controlled with Stop and Yield Signs Sponsor:Troy Rother, Senior Engineer Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding ordinances amending Chapter 38, “Traffic and Vehicles”, “Traffic Schedule III, Stop Signs” and “Traffic Schedule IV, Yield Signs” by adding various new stop signs and yield signs. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approving the ordinance. Summary: This item will modify the traffic control device inventory by updating Chapter 38, “Traffic and Vehicles,” Schedule III and IV by adding STOP signs and YIELD signs at various intersection approaches throughout the city. The list of those locations can be found in the attachments. Budget & Financial Summary: The “Stop” and “Yield” signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operation budget. Attachments: 1.Stop Sign Ordinance 2021 2.Yield Sign Ordinance 2021 Page 127 of 190 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 38 “TRAFFIC AND VEHICLES,” ARTICLE VI, “TRAFFIC SCHEDULES,” SECTION 38-1003 “TRAFFIC SCHEDULE III, STOP SIGNS”, BY ADDING THE INTERSECTIONS OF VARIOUS STREETS WITHIN COLLEGE STATION, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1003 “Traffic Schedule III, Stop Signs” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 128 of 190 ORDINANCE NO. _________Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 129 of 190 ORDINANCE NO. _________Page 3 of 3 Ordinance Form 8-14-17 Exhibit A That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1003 “Traffic Schedule III, Stop Signs” is hereby amended by adding and is to read as follows: Creek Meadow Blvd Cottonwood Creek Ln South Cottonwood Creek Long Creek Drive East Cottonwood Creek Timber Creek West Timber Drive Timber Creek South Collin Mills Drive Slocum Hill Drive South Slocum Hill Drive Feather Run West Bandera Bend Drive Slocum Hill Drive North Page 130 of 190 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 38 “TRAFFIC AND VEHICLES,” ARTICLE VI, “TRAFFIC SCHEDULES,” SECTION 38-1004 “TRAFFIC SCHEDULE IV, YIELD SIGNS”, BY ADDING THE INTERSECTIONS OF VARIOUS STREETS WITHIN COLLEGE STATION, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1004 “Traffic Schedule IV, Yield Signs” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 131 of 190 ORDINANCE NO. _________Page 2 of 3 PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 132 of 190 ORDINANCE NO. _________Page 3 of 3 Exhibit A That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1004 “Traffic Schedule VI, Yield Signs” is hereby amended by adding and is to read as follows: Buffalo Creek Loop Timber Creek North Buffalo Creek Loop Timber Creek East Wild Creek Court Cottonwood Creek Ln North Wild Creek Court Cottonwood Creek Ln South Crooked Creek path Cottonwood Creek Ln North Crooked Creek path Cottonwood Creek Ln South Walnut Nook Court Crooked Creek Path West Tiger Creek Court Crooked Creek Path East Long Creek Lane Crooked Creek Path West Lodge Creek Court Cottonwood Creek Ln South Oak Meadow Circle Cottonwood Creek Ln North Oak Meadow Circle Cottonwood Creek Ln North High Creek Court Cottonwood Creek Ln South Caney Creek Court Cottonwood Creek Ln South Bison Bend Court Long Creek Ln East Haskell Hollow Loop Crosby Creek Court South Haskell Hollow Loop Crosby Creek Court North Collin Mills Drive Haskell Hollow Loop East Bandera Bend Drive Cottonwood Terrace South Page 133 of 190 August 26, 2021 Item No. 8.6. Southside project new stop signs Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, “Traffic and Vehicles”, Article VI, “Traffic Schedule II, Four-way stop intersections” and “Traffic Schedule III, Stop Signs” by adding various new stop signs. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval Summary: This ordinance amendment will modify the traffic control device inventory by updating Chapter 38, “Traffic and Vehicles,” Schedule III and IV by adding STOP signs at various intersection approaches impacted by the Southside Safety Improvements Project. Budget & Financial Summary: The new stop signs were installed as part of the Southside Neighborhood Safety Improvement project. Public Works Traffic division will maintain the signs. Attachments: 1.CH 38 Stop Sign Ord Amend Southside Safety 2.Existing and New Stop Signs Page 134 of 190 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 38 “TRAFFIC AND VEHICLES,” ARTICLE VI, “TRAFFIC SCHEDULES,” SECTION 38-1002 “TRAFFIC SCHEDULE II, FOUR- WAY STOP INTERSECTIONS”, AND SECTION 38-1003 “TRAFFIC SCHEDULE III, STOP SIGNS”, BY ADDING THE INTERSECTIONS OF VARIOUS STREETS WITHIN COLLEGE STATION, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1002 “Traffic Schedule II, Four-way stop intersections” and Section 38-1003 “Traffic Schedule III, Stop Signs” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 135 of 190 ORDINANCE NO. _________Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 136 of 190 ORDINANCE NO. _________Page 3 of 3 Ordinance Form 8-14-17 Exhibit A That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1002 “Traffic Schedule II, Four-way stop intersections” is hereby amended by adding and is to read as follows: Park Place Glade Street That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1003 “Traffic Schedule III, Stop Signs” is hereby amended by adding and is to read as follows: Anna Street Glade Street East Anna Street Glade Street West Glade Street Anna Street North Holik Street Anna Street North Holik Street Anna Street South Holik Street Park Place South Park Place Anderson Street East Park Place Anderson Street West Park Place Timber Street West Page 137 of 190 !"$!"$!"$!"$!"$!"$!"$!"$!"$!"$!"$&&&&&&&PARK PLACELEEAVENUETIMM DRIVEHOLIK STREETAURORACOURTLEACREST DRIVEGLADE STREETANDERSON STREETTIMBER STREETANDERSONSTREETGLADE STREETTIMBERSTREETDEXTERDRIVELegend!"$Stop SignsStreetsFunctional ClassificationMAJOR COLLECTORLOCAL STREETProject Location MapSouthside SafetyImprovements ProjectExisting and New Stop Signs ±±Created: 7/28/202103106209301,2401,55077.5 155 232.5FeetFeetOverview MapDISCLAIMER: This product is for informational purposes and may not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is made bythe City of College Station regarding specific accuracy or completeness.Before Ploting Map:RdSl hddPage 138 of 190 August 26, 2021 Item No. 8.7. First Amendment to Costco Property Purchase Agreement Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action ratifying the First Amendment to the Property Purchase Agreement between the City of College Station and Costco Wholesale Corporation for an approximately 18.670 acre tract of land located generally near the intersection of Earl Rudder Freeway and Corporate Drive in the Midtown Business Park. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): Staff recommend that Council ratify the first amendment to the property purchase agreement. Summary: This amendment to the Purchase Property Agreement with Costco Wholesale Corporation extends the feasibility period to September 24, 2021, to allow for both parties to complete the due diligence related to the public infrastructure construction costs. The extension should provide for an improved timeline to review and determine shared costs. The amendment was executed by the City Manager on August 20, 2021, on behalf of the City and requires ratification by the City Council. City staff expect to return to Council on September 23, 2021, with a participation agreement for the development of the necessary public infrastructure. Budget & Financial Summary: No fiscal impact to the Property Purchase Agreement. Attachments: 1.First Amendment to the Property Purchase Agreement with Costco Page 139 of 190 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ 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*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 140 of 190 Page 141 of 190 Page 142 of 190 Page 143 of 190 August 26, 2021 Item No. 9.1. College Heights Subdivision, Lots 1-6, Block ‘C’ - Public Utility Easement Abandonments Sponsor:Alma Guerra Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 994 square foot portion of a 10-foot wide Public Utility Easement, a 2,512 square foot portion of a 15-foot wide Public Utility Easement, and a 2,512 square foot portion of a 15-foot wide Right of Way within Lots 1-6, Block ‘C’ of the College Heights Subdivision, according to the plat recorded in Volume 124, Page 259, of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: Core Services & Infrastructure Diverse & Growing Economy Recommendation(s): Staff recommends approval of the abandonments. Summary: Abandonment of a 994 square foot portion of a 10-foot wide Public Utility Easement, a 2,512 square foot portion of a 15-foot wide Public Utility Easement, and a 2,512 square foot portion of a 15-foot wide Right of Way within Lots 1-6, Block ‘C’ of the College Heights Subdivision, according to the plat recorded in Volume 124, Page 259, of the Official Records of Brazos County, Texas. The Right of Way and Easement abandonments are proposed by the applicant to address site constraints recognized during redevelopment of the property. The portions of Right of Way and Easements subject to abandonment are no longer necessary, as there is no need for public access within the right of way and no public infrastructure within either easement. Budget & Financial Summary: N/A Attachments: 1.Ordinance 2.Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 144 of 190 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 994 SQUARE FOOT PORTION OF A 10 FOOT WIDE PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG LOT 5, BLOCK ‘C’, OF THE COLLEGE HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 124, PAGE 259 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, A 2,512 SQUARE FOOT PORTION OF A 15 FOOT WIDE PUBLIC UTILITY EASEMENT, AND A 2,512 SQUARE FOOT PORTION OF A 15 FOOT WIDE RIGHT OF WAY, BOTH PORTIONS LYING ALONG LOTS 1 – 6, BLOCK ‘C’, OF THE COLLEGE HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 124, PAGE 259 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 994 square foot portion of a 10 foot wide Public Utility Easement, said portion lying along Lot 5, Block ‘C’, of the College Heights Subdivision, according to the plat recorded in Volume 124, Page 259, of the Official Records of Brazos County, Texas, a 2,512 square foot portion of a 15 foot wide Public Utility Easement, and a 2,512 square foot portion of a 15 foot wide Right of Way, both portions lying along Lots 1 – 6, Block ‘C’, of the College Heights Subdivision, according to the plat recorded in Volume 124, Page 259, of the Official Records of Brazos County, Texas, as described in Exhibit “A”, attached hereto (such portions hereinafter referred to as the “Right of Way and Easements”); and WHEREAS, in order for the Right of Way and Easements to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Right of Way and Easements described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1.Abandonment of the Right of Way and Easements will not result in property that does not have access to public roadways or utilities. 2.There is no public need or use for the Right of Way and Easements. 3.There is no anticipated future public need or use for the Right of Way and Easements. 4.Abandonment of the Right of Way and Easements will not impact access for all public utilities to serve current and future customers. Page 145 of 190 ORDINANCE NO. ____________Page 2 of 2 Ordinance Form 8-14-17 PART 2:That the Right of Way and Easements as described in Exhibit “A” be abandoned and vacated by the City. PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 146 of 190 Page 147 of 190 Page 148 of 190 Page 149 of 190 Page 150 of 190 Page 151 of 190 Page 152 of 190 Page 153 of 190 Page 154 of 190 Page 155 of 190 Page 156 of 190 Page 157 of 190 Page 158 of 190 Page 159 of 190 Application for Abandonment of a Public Right-of -Way / Easement Location: 310 University Dr College Station, TX 77840 EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of -way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 160 of 190 Page 161 of 190 August 26, 2021 Item No. 9.2. 14889-14895 FM 2154 Rezoning Sponsor:Jesse Dimeolo Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to WC Wellborn Commercial on approximately one acre located in the Benjamin Graham Subdivision, Block B, Lots 1-6, generally located at 14889- 14895 FM 2154. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their August 19, 2021, meeting. A written Final Report of the Planning & Zoning Commission will be available at the City Council meeting. Staff recommends approval of the rezoning. Summary: This request is to rezone approximately 1 acre of land located on FM 2154 (Wellborn Road), between Madison Street and Victoria Avenue, from R Rural to WC Wellborn Commercial. The tract was originally zoned R Rural upon annexation into the City in 2011. This zoning request is in effort to bring the existing businesses into compliance for future development. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject tract is designated on the Comprehensive Plan Future Land Use and Character Map as Wellborn Commercial and is a part of the Wellborn Community Plan which was adopted by City Council on April 25, 2013. Wellborn Commercial is generally for concentrations of commercial activities that focus primarily on the nearby residents versus the larger community. Such uses should be limited in size and not accommodate for drive-thru services. Specific design elements described in the Wellborn Community Plan for Wellborn-area businesses have been incorporated into the development standards of the zoning to limit the visual impact on the community and enhance the defined character. The proposed zoning permits retail sales and service, allowing the property to be developed consistent with the Comprehensive Plan. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The existing R Rural zoning allows for a mix of large acreages and large-lot residential developments, which is incompatible with the development in this area of the Wellborn Community Plan. Given the property’s proximity to other businesses along FM 2154 and its designation Wellborn Commercial in the Comprehensive Plan, a rezoning to WC Wellborn Commercial will allow for commercial development supporting the economic growth along this primary corridor. The Page 162 of 190 continuation of commercial development is compatible with other businesses in the area. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The size and location of the subject property is suitable for commercial uses. The site has adequate space to meet the minimal dimensional standards for the WC Wellborn Commercial district. There is no floodplain on the property. 4. Whether there is available water, sanitary sewer, storm water, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: Domestic water and fire flow service for this tract will be provided by Wellborn SUD. Wastewater service for this tract will be provided by College Station via a sewer line located in the adjacent alley. Detention is required in accordance with the BCS guidelines. Drainage and any other infrastructure required with the site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The subject property has frontage to FM 2154 and Madison Street. FM 2154 is classified as a future 4-lane Major Arterial on the City’s Thoroughfare Plan. Madison Street is a local street. A Traffic Impact Analysis (TIA) was not required for the rezoning request as the applicant showed the anticipated trip generation to be less than the threshold of 150 trips in the peak hour. At this time, infrastructure is adequate for the uses permitted by the proposed WC Wellborn Commercial zoning district. 5. The marketability of the property: The applicant has stated that the current R Rural zoning is not the highest and best use for the property. The market price of the land exceeds the allowed use of the property and therefore is not marketable without a rezoning. Budget & Financial Summary: N/A Attachments: 1.Ordinance 2.Vicinity, Aerial, and Small Area Map 3.Future Land Use Map 4.Rezoning Map 5.Rezoning Exhibit 6.Background Information 7.Applicant's Supporting Information Page 163 of 190 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO WC WELLBORN COMMERCIAL ON APPROXIMATELY ONE ACRE OF LAND LOCATED AT 14889-14895 FM 2154 AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 164 of 190 ORDINANCE NO. ____________Page 2 of 4 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 26th day of August, 2021. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 165 of 190 ORDINANCE NO. ____________Page 3 of 4 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural to WC Wellborn Commercial: Page 166 of 190 ORDINANCE NO. ____________Page 4 of 4 Ordinance Form 08-27-19 Exhibit B Page 167 of 190 Page 168 of 190 Page 169 of 190 Page 170 of 190 Page 171 of 190 Page 172 of 190 Rezone N.T.S. Benjamin Graham Subdivision Block B, Lots 1-6 Being Andrew McMahon Survey, A-167 , ~1.023 Acres College Station, Brazos County, Texas July 2021 Surveyor: Kerr Surveying, LLC 409 N. Texas Ave Bryan, TX 77803 Firm No. 10018500 RPLS No. 4502 Job No. 21-190 Engineer: PO Box 5192 Bryan, TX 77805 979-739-0567 TBPE F-9951 Owner: Karim Maknojia 317 Barnberry College Station, TX 77845 “” ” ”“” ” ” ” ” Page 173 of 190 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: August 19, 2021 Advertised Council Hearing Date: August 26, 2021 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Sweetwater, Sweetwater Forest, Turnberry Circle, Wellborn Oaks, Creek Meadows, Royder Ridge Property owner notices mailed: 15 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: One at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (across Madison Street) Wellborn Commercial R Rural Post Office South Wellborn Commercial R Rural Single-family home East Wellborn Commercial R Rural Single-family home West (across FM 2154) Wellborn Commercial R Rural Single-family home DEVELOPMENT HISTORY Annexation: 2011 Zoning: A-O Agricultural Open upon annexation 2011 – A-O Agricultural Open to R-Rural Final Plat: Benjamin Graham Subdivision, Lots 1-6, Block B (1894) Site development: Small grocery store and restaurant with undeveloped lot in-between Page 174 of 190 Name of Project:WELLBORN COMMERCIAL Address:14889 FM 2154 Legal Description:WELLBORN, BLOCK B, LOT 1 & 2 Total Acreage:1.032 Applicant:: Property Owner:IGLOO ENTERPRISES INC J4 ENGINEERING List the changed or changing conditions in the area or in the City which make this zone change necessary. This is a growing area of College Station that is very attractive to residential buyers. As a result, commercial development along Wellborn Road is expanding in order to provide needed services to the residential neighborhoods. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. The current land use plan for this property is Wellborn Commercial. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The property is not suitable for development under the current zoning which allows estate type lots of 1-3 acres. With the changing conditions in the area and the high marketability of the proposed zoning under the land use plan, this type of development is not attractive. In addition, expansion or re-development of the property cannot occur without the rezoning. Explain the suitability of the property for uses permitted by the rezoning district requested. As noted above, Wellborn Commercial is the projected zoning and fits the currently developed conditions. REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 175 of 190 Explain the suitability of the property for uses permitted by the current zoning district. As noted above, Wellborn Commercial is the projected zoning and fits the currently developed conditions. Explain the marketability of the property for uses permitted by the current zoning district. The current zoning is Rural which is not the highest and best use for the property. As a result, the market price of the land exceeds the allowed use of the property and therefore is not marketable without a rezoning. List any other reasons to support this zone change. N/A Page 2 of 2 Page 176 of 190 August 26, 2021 Item No. 9.3. FM 2818 Utility Relocations change order notification Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a notification of a change order in the amount of $789,970.76 with the Texas Department of Transportation (TXDOT) for the utility relocations for the FM 2818 widening project and authorizing the City Manager to execute the acknowledgement notification. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends acknowledgement of the notification for the change order and authorizing the City Manager to execute the notification on behalf of the City Council. Summary: The City of College Station executed an advance funding agreement (AFA) with TXDOT for the widening of FM 2818 within the general limits of FM 2154 (Wellborn Rd) to FM 60 (University Dr/Raymond Stotzer Pkwy) which included relocation of portions of the city’s water infrastructure due to conflicts with the road widening project. This amendment is to cover the cost of a change order for TXDOT to execute with the construction contractor for installation by bore of new 18 inch and 36 inch diameter water transmission lines crossing FM 2818 and the abandoning and grout filling of the existing lines and casing. The original design included a method to split case the existing transmission lines in place in lieu of boring the entire width of the proposed road. It was discovered during construction that the two lines had been constructed stacked within a single 72” casing, and they could not be split cased. This change order covers the cost to bore the two water lines. The costs in the AFA are fixed; however, the City is responsible for any overrun costs as a result of a change order initiated by the City. In this case the lines could not be constructed as originally proposed by the City. Therefore, the City is responsible for the costs of the new construction method. TXDOT is required to notify the City of these costs, although payment will not be due until the end of the project when an audit of the project is completed. The FM 2818 project began construction in February 2021 and is scheduled to take 2 years. The continued work on these utility relocations is critical to the schedule. Budget & Financial Summary: A budget of $3,000,000 is included for this project in the Water Capital Improvement Projects Fund. A total of $2,206,914 has been expended or committed to date, leaving a balance of $793,086 for this contract and construction costs. Page 177 of 190 Attachments: 1.2399-01-074 CO #12 3rd Party Funding Form 20210811 2.2399-01-074 Change Order #12 Draft Page 178 of 190 1. Outside funding provided by: (Outside Entity's Legal Name) 2. Type of outside funding agreement for this change: [ Check one ] 3. Indicate the type and amount of funding: (Estimated Amount ) (a) Contract Items (Bid Items): (b) E&C*: (a) x = enter % TOTAL City of College Station $789,970.76 Existing Amended New Fixed Price (Lump Sum) Actual Cost Use as needed: I hereby acknowledge notification of the modifications covered by this Change Order. Date By Typed/Printed Name Typed/Printed Title TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: Third Party Funding Notification Sheet This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT, and involves third parties who are providing funding under an Advance Funding Agreement or Donation Agreement. CCSJ: Project: Highway: County: District: Contract Number: 2399-01-074 NH 2020(879) FM 2818 Brazos Bryan 09203203 * The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" in the "Estimated Cost" of the project. Funding for this Change Order has been arranged: TxDOT Representative Date Typed/Printed Name: TXDOT Form 2146-AFA 12 Page 179 of 190 CONTRACT ID: PROJECT: CONTRACT: CONTRACTOR: AWARD AMOUNT: HIGHWAY: DISTRICT: COUNTY: AREA ENGINEER: AREA NUMBER: NH 2020(879) 09203203 KNIFE RIVER CORPORATION - SOUTH FM 2818 17 051 BRAZOS DESCRIPTION:Colllege Station Waterline W8 and W46 APPRV LEVEL:OVERRIDE REASON: CO TYPE: CHANGE ORDER NBR. 12 Ashley Hill, P.E. 239901074 $0.003RD PARTY AMOUNT: CO AMOUNT:$789,970.76 - REPORT DATE: SECONDARY REASON(S): 2A-DIFFER SITE CONDITION (UNFORESEEABLE)2A $45,254,645.47 PROJECTED AMOUNT: $47,680,401.02 Extra Work Functions: Zero Dollar Overrun/Underrun Time Adjustment Force Account Final Quantity Change Project Limits Delete/Add CSJ 7/29/2021 9:21:38AM Stock Account $47,378,639.24 $47,378,639.24 ADJ PROJECTED AMT: PEND ADJ PROJ AMT: FEDERAL PARTICIPATING DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT: This Change Order revised the work on waterline W8 and W46. The original work could not be performed when a 72 in casing was found around the 18in and 36in lines that were to be encased separately. CoCS redesigned to install (by bore) new individual 18 in and 36 in waterline crossings. All existing waterline and casing will be abandoned and grout filled. No additional ENV issues due to bore and no additional disturbance. Prices are fair and reasonable based on previously bid prices and material costs increases. Revised Sheets 51, 645, 646, 647 ADDITIONAL TIME NOT NEEDED DATE DATE BY: THE CONTRACTOR "By signing this change order, the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses; additional changes for time, overhead and profit; or loss of compensation as a result of this change and that this agreement is made in accordance Item 4 and the Contract. Exceptions should be noted in explanation above." TYPED/PRINTED TITLE: TYPED/PRINTED NAME: AREA ENGINEER: DATE DISTRICT ENGINEER: DATE DATE DATE DIRECTOR, CONSTRUCTION DIVISION: DEPUTY EXECUTIVE DIRECTOR: DATE FHWA: DATE AREA ENGINEER'S SEAL: Page 180 of 190 CONTRACT ID 239901074 CHANGE ORDER NBR. Page 2 of 3 12 CONTRACT ITEMS PROJECT NBR 239901079 CATG NBR LINE ITEM SP CODE NBR DESCRIPTION UNIT UNIT PRICE ORIG + PREV REV QTY QTY THIS CO NEW QTY THIS CO AMOUNT ITEM 137.00000 388.000 -105.000 283.000 -$14,385.00002 3000 72356006 000 REM & DISPOSE OF 18" DIA WTR LINE LF 137.00000 182.000 -20.000 162.000 -$2,740.00002 3020 72356010 000 REM & DISPOSE 30" WTR LINE LF 158.00000 151.000 -151.000 0.000 -$23,858.00002 3025 72356011 000 REM & DISPOSE 36" WTR LINE LF 242.00000 250.000 47.000 297.000 $11,374.00002 3035 72356013 000 WTR (18") (OPEN CUT)LF 316.00000 456.000 -35.000 421.000 -$11,060.00002 3045 72356015 000 WTR (30") (OPEN CUT)LF 474.00000 332.000 -71.000 261.000 -$33,654.00002 3055 72356017 000 WTR (18") (30" STL CASE) (OPEN CUT)LF 821.00000 96.000 -96.000 0.000 -$78,816.00002 3060 72356018 000 WTR (36") (48" STL CASE) (OPEN CUT)LF 537.00000 120.000 -48.000 72.000 -$25,776.00002 3075 72356021 000 CASING (STEEL) (30IN) (OPEN CUT)LF 653.00000 25.000 -25.000 0.000 -$16,325.00002 3085 72356023 000 CASING (STEEL) (48IN) (OPEN CUT)LF 1,432.00000 1.000 -1.000 0.000 -$1,432.00002 3095 72356025 000 BUTTERFLY VALVE & BOX (RELOC) (36")EA 9,842.00000 11.000 -2.000 9.000 -$19,684.00002 3125 72356032 000 WTR FITTING (BEND) (30") (45 DEG) (RJ)EA 18,900.00000 1.000 -1.000 0.000 -$18,900.00002 3145 72356036 000 WTR FITTING (TEE) (36" X 30") (RJ)EA 16,315.00000 2.000 -1.000 1.000 -$16,315.00002 3150 72356037 000 WTR FITTING (TEE) (30" X 30") (RJ)EA 11,660.00000 6.000 -2.000 4.000 -$23,320.00002 3175 72356042 000 TIE-INTO EXIST WTR LINE AFTER TESTING EA 116.66000 0.000 414.000 414.000 $48,297.24002 3300 96086050 UNIQUE CHANGE ORDER ITEM 50 DOL Added by CO #12 - Abandon 36" waterline & flow fill W46ADDTL CO DESCR 1 106.05000 0.000 371.000 371.000 $39,344.55002 3301 96086051 UNIQUE CHANGE ORDER ITEM 51 DOL Added by CO #12 - Abandon 18" waterline & flow fill W8ADDTL CO DESCR 1 286.34000 0.000 158.000 158.000 $45,241.72002 3302 96086052 UNIQUE CHANGE ORDER ITEM 52 DOL Added by CO #12 - Abandon 72" casing & flow fillADDTL CO DESCR 1 1,450.75000 0.000 220.000 220.000 $319,165.00002 3303 96086053 UNIQUE CHANGE ORDER ITEM 53 DOL CO #12 - WTR(36")(48" STL CASE)(BORE) w/exist casing W46ADDTL CO DESCR 1 1,590.75000 0.000 50.000 50.000 $79,537.50002 3304 96086054 UNIQUE CHANGE ORDER ITEM 54 DOL CO #12 - WTR(36")(48" STL CASE)(BORE) w/new casing W46ADDTL CO DESCR 1 413.60000 0.000 60.000 60.000 $24,816.00002 3305 96086055 UNIQUE CHANGE ORDER ITEM 55 DOL Added by CO #12 - WTR(36")(OPEN CUT) W46ADDTL CO DESCR 1 868.41000 0.000 270.000 270.000 $234,470.70002 3306 96086056 UNIQUE CHANGE ORDER ITEM 56 DOL CO #12 - WTR(18")(30" STL CASE)(BORE) w/exist casing W8ADDTL CO DESCR 1 534.36000 0.000 10.000 10.000 $5,343.60002 3307 96086057 UNIQUE CHANGE ORDER ITEM 57 DOL CO #12 - WTR(18")(30" STL CASE)(OPEN CUT) w/exist casing W8ADDTL CO DESCR 1 40,442.17000 0.000 2.000 2.000 $80,884.34002 3309 96086059 UNIQUE CHANGE ORDER ITEM 59 DOL Added by CO #12 - 36" BUTTERFLY VALVE W46ADDTL CO DESCR 1 Page 181 of 190 CONTRACT ID 239901074 CHANGE ORDER NBR. Page 3 of 3 12 12,980.52000 0.000 1.000 1.000 $12,980.52002 3310 96086060 UNIQUE CHANGE ORDER ITEM 60 DOL Added by CO #12 - 18" BUTTERFLY VALVE W8ADDTL CO DESCR 1 14,221.31000 0.000 2.000 2.000 $28,442.62002 3313 96086063 UNIQUE CHANGE ORDER ITEM 63 DOL Added by CO #12 - 36" MJ SOLID SLEEVE W46ADDTL CO DESCR 1 3,849.62000 0.000 2.000 2.000 $7,699.24002 3314 96086064 UNIQUE CHANGE ORDER ITEM 64 DOL Added by CO #12 - 18" MJ SOLID SLEEVE W8ADDTL CO DESCR 1 21,687.23000 0.000 2.000 2.000 $43,374.46002 3315 96086065 UNIQUE CHANGE ORDER ITEM 65 DOL Added by CO #12 - 36" MJ CAP W46ADDTL CO DESCR 1 19,083.70000 0.000 2.000 2.000 $38,167.40002 3316 96086066 UNIQUE CHANGE ORDER ITEM 66 DOL Added by CO #12 - 30" MJ CAP W46ADDTL CO DESCR 1 13,701.66000 0.000 2.000 2.000 $27,403.32002 3317 96086067 UNIQUE CHANGE ORDER ITEM 67 DOL CO #12 - Tie Into Exist Water Line After Testing W8 and W46ADDTL CO DESCR 1 90.14000 0.000 160.000 160.000 $14,422.40002 3318 96086068 UNIQUE CHANGE ORDER ITEM 68 DOL Added by CO #12 - RE-WELD SPLIT 48" CASINGADDTL CO DESCR 1 68.93000 0.000 30.000 30.000 $2,067.90002 3319 96086069 UNIQUE CHANGE ORDER ITEM 69 DOL Added by CO #12 - RE-WELD SPLIT 30" CASINGADDTL CO DESCR 1 2,651.25000 0.000 1.000 1.000 $2,651.25002 3320 96086070 UNIQUE CHANGE ORDER ITEM 70 DOL Added by CO #12 - Mobilization of Bore Crew per occurrenceADDTL CO DESCR 1 1,055.20000 0.000 10.000 10.000 $10,552.00002 3325 96086071 UNIQUE CHANGE ORDER ITEM 71 DOL CO #12 - WTR(36")(48" STL CASE)(OPEN CUT) w/exist casing W46ADDTL CO DESCR 1 $789,970.76CHANGE ORDER AMOUNT Page 182 of 190 August 26, 2021 Item No. 9.4. Saum Resolution Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution of the City Council of the City of College Station, Texas, determining that a fee simple containing approximately 102.4 acres of land, is needed to be acquired from Gerry L. Saum, for the construction, operation, and maintenance of a public park as part of the Westside Community Park Project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends adopting the resolution. Summary: On September 11, 2017, the City entered in to an agreement to purchase from Gerry Saum, approximately 102.4 acres of land for the construction, operation, and maintenance of a public park as part of the Westside Community Park Project. Subsequently, a dispute arose between the parties regarding the agreement. The dispute has not been resolved. This resolution authorizes the institution of eminent domain proceedings to acquire the needed land. Budget & Financial Summary: n/a Attachments: 1.Resolution with Exhibit A Page 183 of 190 Page 1 of 3 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING THAT A FEE SIMPLE CONTAINING APPROXIMATELY 102.4 ACRES OF LAND, IS NEEDED TO BE ACQUIRED FROM GERRY L. SAUM, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A PUBLIC PARK AS A PART OF THE WESTSIDE COMMUNITY PARK PROJECT FOR THE CITY OF COLLEGE STATION, TEXAS; AND AUTHORIZING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS. * * * * * WHEREAS, the City Council of the City of College Station now finds and determines that public convenience and necessity requires the City of College Station to acquire a fee simple over and across tracts of land containing approximately 102.4 acres, for the construction, operation, and maintenance of a public park and other public infrastructure in the City of College Station, Texas, a more specific description of said 102.4 acre fee simple tract is attached hereto as Exhibit “A” and made a part hereof (herein after the “Land”); and WHEREAS, the City of College Station, through its duly authorized representatives, has negotiated with the owners of the Land for the purchase of same for the purpose stated herein and has been unable to agree with such owners as to the fair cash market value thereof and damages, if any; and WHEREAS, the City Council of the City of College Station has authorized the City Manager or his designee to make an offer to the owners of the Land for the purchase of same based upon its appraised value, and such offer has been made and the owner has refused to accept such final offer; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Page 184 of 190 Page 2 of 3 Section 1. The facts and recitals set forth in the preamble of this resolution are hereby found to be true and correct. Section 2. The City Council of the City of College Station finds that a bona fide offer has been made by duly authorized representatives of the City for the acquisition of a fee simple over and across the herein described Land, and that said offer was not accepted, and that the only way for the City of College Station to acquire such interest in said tract of land is through the filing of eminent domain proceedings. Section 3. The City Council hereby finds and determines that a public use and necessity exists for the City of College Station to construct, operate, and maintain a public park and other public infrastructure purposes as part of the Westside Community Park Project, and to acquire the necessary property rights in the 102.4 acre tract of land, deemed necessary for the Westside Community Park Project, as allowed by law, together with all necessary appurtenances, additions and improvements on, over, under, and through those certain lots, tracts or parcels of land. Section 4. The final offer heretofore made to the owner for the purchase of the Land is in all things hereby ratified and confirmed. Section 5. The City Attorney, or her designee, is hereby authorized to bring eminent domain proceedings on behalf of the City of College Station under applicable provisions of law, whether provided by §251.001 of the Texas Local Government Code, as amended, Chapter 21 of the Texas Property Code, or by any other provision of law, against the owner or owners of the Land, to-wit: Gerry L. Saum, Individually and as Independent Executrix of the Estate of Susan M. Wood or against the real and true owner, owners, claimant, or claimants if Gerry L. Saum, Page 185 of 190 Page 3 of 3 Individually, and as Independent Executrix of the Estate of Susan M. Wood are said not to be the owners of the Land. PASSED, APPROVED, AND RESOLVED this ____ day of ________________, 2021. ____________________________________ Karl Mooney Mayor ATTEST: Tanya D. Smith City Secretary APPROVED AS TO FORM: Carla A. Robinson City Attorney Page 186 of 190 Exhibit A Page 187 of 190 Legal Description – 102± acres Prepared from Recorded I nstruments Saum and Wood Tracts Lying Southwest of N. Dowling Road Childress A-95 and Yates A-248 surveys Brazos County, Texas Approximately 102 acres of land, being all of that called 57.01 acre tract described in the deed to Gerry L. Saum and Susan M. Wood recorded in volume 2027, page 236 of the Official Public Records of Brazos County, Texas and all of that called 55.46 acre tract described in the deed to Gerry L. Saum recorded in volume 1122, page 277 of the Official Records of Brazos County, Texas, save and except the 1.4318 acre and 0.8709 acre tracts described in Exhibit B of Cause no. 332-CC in the District Court records of Brazos County, Texas and awarded to Brazos County by judgement in December 1996 for North Dowling Road right -of-way, and further save and except the northeast portions of the called 57.01 acre and 55.46 acre tracts which are located northeast of the 1.4318 acre and 0.8709 acre tracts. Page 188 of 190 Page 189 of 190 August 26, 2021 Item No. 12.1. Council Reports on Committees, Boards, and Commissions Sponsor:City Council Reviewed By CBC:City Council Agenda Caption:A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Relationship to Strategic Goals: Good Governance Recommendation(s): Review meetings attended. Summary: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 190 of 190