College Station would recover $265,000 from the two engineering firms behind its abandoned Texas Independence Ballpark under a settlement the City Council is set to consider Thursday, Oct. 22.
The mutual settlement and release agreement is listed on the consent agenda, the portion of the meeting where routine items are usually approved together in a single vote unless a council member pulls one out for discussion. City staff recommend approval.
A project stopped by the ground beneath it
The city hired Halff Associates in 2018 to design the first phase of the ballpark, a multi-field baseball and softball complex at Southeast Community Park. CME Testing and Engineering worked as Halff's subconsultant and handled the geotechnical work, the study of the soil the fields would sit on.
According to the staff summary in the council packet, the first phase was to include four new baseball fields along with batting cages, lights, parking, seating, a concession stand and restrooms, landscaping and the water, sewer, drainage, fiber and electrical lines to serve them. The city spent about $1.3 million on Halff's design contract and about $5.7 million on construction.
In August 2023, the council told staff to cancel the project because of the expected cost of dealing with the soil conditions on the site. A dispute followed among the city, Halff and CME. The agreement says the city's allegations concern how the soil conditions were determined and whether the project was properly engineered and designed for the soil that was actually there.
What each side gives up
Under the draft agreement, Halff would pay the city $250,000 and CME would pay $15,000, each within 30 days after the paperwork is completed. The two payments are separate obligations; neither firm is responsible for the other's share.
In return, the city would release both firms from all claims tied to the project, and the three parties agree not to sue one another or file complaints with professional licensing boards over the released claims.
